Other Review Hearing; Motion to Strike
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 JESSICA BRIGNOLO,) Case Number: FDI-22-796491) 7 Petitioner) Hearing Date: May 7, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 SIMON THORNEYCROFT,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 OTHER REVIEW HEARING 13 TENTATIVE RULING 14 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 15 Court makes the following findings and orders: 16 A. Procedural History 17 1) The parties in this matter are Petitioner Jessica Brignolo (Mother) and Respondent Simon 18 Thorneycroft (Father).
The parties married on 6/12/2003. The parties agree their date of 19 separation was in 2022 (but disagree as to the exact date), for a marriage of at least 18 years. The 20 parties have one minor child, Siena (DOB: 9/26/2008, age 17). Mother is represented by attorney 21 David Blacker. Father is represented by attorney Randy Rabidoux. 22 2) After the 12/11/2025 hearing date, per the Findings and Order After Hearing filed 12/23/2025, 23 the Court made a finding that guideline spousal support would amount to $6,349 per month 24 based on: $0 in income for Mother, $11,390 per month for Father’s salary and wages, $7,451 in 25 average monthly draws by Father from his business Perspective Branding, and $9,714 in monthly 26 personal expenses paid on Father’s behalf by Father’s business.
The Court, however, awarded to 27 Mother above-guideline temporary spousal support of $8,500 per month effective 12/1/2025 after 28 considering Mother’s needs (including her monthly mortgage payment of $3,593 and property 29 tax payment of $1,297) and Father’s ability to pay. The Court noted that this amount was less
1 than the $10,000 per month in support that Mother had requested given that the parties have been 2 separated for over three years, the Court’s finding that Mother’s earning capacity is not $0, and 3 the fact that the minor child is in Father’s care 100% of the time. The Court set a review hearing 4 date on 4/21/2026 (which was later continued to 5/7/2026 by agreement of the parties) “to review 5 child and temporary spousal and to review Father’s request for a Gavron warning.” The Court 6 also noted, “Given what has been pled to date, the Court intends to impute full-time California 7 minimum wage income of $16.90 per hour to Mother at the next hearing date...” 8 3) On 4/28/2026, Mother filed a Supplemental Declaration.
Mother states she has been diagnosed 9 with Major Depressive Disorder, Post-Traumatic Stress Disorder, and Social Phobia. Mother 10 states that these conditions limit her ability to obtain and maintain employment. However, 11 Mother states she has actively pursued employment over the last three months. Mother states she 12 has not had success in securing a position of employment despite good faith work search efforts 13 and the Court should not impute income to her. Mother also states that when looking at Father’s 14 net income of $200,000 from his business for 2025 and other factors, the guideline spousal 15 support figure should be higher than what the Court ordered in December 2025.
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Mother requests 16 that the Court increase her spousal support to $9,423 per month or $10,176 per month depending 17 on which proposed support calculation the Court chooses to use. 18 4) On 4/28/2026, Mother filed a Supplemental Statement of Support Calculation. 19 5) On 4/28/2026, Father filed a Declaration of himself and his attorney. Father states that his 20 business income for 2026 is lower than what it has been for 2025. Father asks the Court to 21 recalculate support so that it is lower and to impute Mother with full-time minimum wage 22 income.
Father states Mother has not made an earnest effort to secure actual work. Father’s 23 attorney also notes that there is “no showing that Petitioner receives disability benefits, has 24 applied for disability benefits, or has otherwise pursued a disability determination through any 25 governmental or insurance process.” 26 6) On 4/28/2026, Father filed a declaration of CPA Jessica Little. Ms. Little states that the income 27 figures for Father upon which the current guideline support calculation is based are inaccurate 28 and also include errors by Father in his previously filed paperwork which led to higher than 29 accurate income figures.
1 7) On 4/30/2026, Mother filed Procedural Objections asking the Court to strike Father’s attorney 2 declaration and the declaration of CPA Jessica Little. Mother argues, “Simon is treating this 3 review hearing as an opportunity to fast track a motion to modify temporary support in violation 4 of CCP Sec. 1005. There has been insufficient notice or an opportunity to respond to such 5 request for modification of temporary support. Jessica has not had an opportunity to review or 6 investigate Simon’s 2026 claimed income despite repeated requests for documentation.”
Mother 7 also asks the Court to strike Father’s Income and Expense Declaration filed 4/28/2026 because 8 Father provided no 2025 income documents. 9 8) On 5/1/2026, Father filed a Reply Memorandum of Points and Authorities. In addition to other 10 arguments made, Father argues that Mother “asks the Court to treat 2025 as the sole measure of 11 Simon’s current earning capacity, while disregarding the loss years that preceded it and the sharp 12 decline reflected immediately afterward.” 13 9) On 5/1/2026, Father filed an Opposition to Petitioner’s Objections and Motion to Strike.
Father 14 argues, “The [objected to] submissions do not raise unrelated claims or inject new subjects into 15 the case. They address the same support issues already before the Court and provide updated 16 evidence needed for the Court to discharge its review function... A support review hearing 17 necessarily requires current information.” 18 10) The Court notes that the parties attended a Mandatory Settlement Conference on 4/3/2026 and a 19 Judicial Settlement Conference on 4/27/2026 but did not reach any agreements.
There is a trial 20 setting conference currently set for 6/1/2026 in Dept. 405. 21 1) Findings and Order 22 1) Mother’s request to strike Father’s attorney’s declaration, CPA Jessica Little’s declaration, and 23 Father’s Income and Expense Declaration (all filed on 4/28/2026) is denied. 24 2) The Court finds this review hearing was set for the limited purpose to review whether to impute 25 full-time minimum wage income to Mother and to issue a Gavron warning against Mother. To the 26 extent either party is requesting that the Court make new findings regarding Father’s income 27 available for support, those requests are denied without prejudice.
Either party may file a motion 28 to modify support if the parties believe there has been a material change in circumstance 29 impacting Father’s income available for support.
1 3) Effective 5/15/2026, the Court hereby imputes to Mother full-time minimum wage income of 2 $16.90 per hour, which amounts to $2,929 per month. The Court notes that although Mother 3 states she has mental health diagnoses, Mother has not presented evidence to show that her 4 mental health diagnoses have disabled her and rendered her unable to work. The Court finds 5 Mother has the ability and opportunity to earn full-time minimum wage income. The Court also 6 finds that imputation of this amount to Mother is in the best interest of Siena, who is in Father’s 7 care 100% of the time and is receiving no financial support from Mother at this time. 8 4) In accordance with the updated XSpouse calculation attached hereto and incorporated herein, the 9 imputation of income to Mother results in the following guideline support figures: $5,104 in 10 temporary guideline spousal support payable by Father and $469 in guideline child support 11 payable by Mother, for a net amount of $4,635 per month in net support payable by Father to 12 Mother. 13 5) Effective 5/15/2026, the Court finds good cause to award to Father guideline child support of 14 $469 per month payable by Mother.
The Court also finds good cause to award to Mother effective 15 5/15/2026 above-guideline temporary spousal support of $6,969 per month, for the reasons 16 already set forth in the Findings and Order After Hearing filed 12/23/2025. This results in net 17 support owed by Father to Mother of $6,500 per month. 18 6) As the Court is imputing full-time minimum wage income to Mother and because Father has not 19 presented evidence to show that Mother’s earning capacity is higher than full-time minimum 20 wage income, the Seek Work Order against Mother is terminated effective immediately.
For these 21 same reasons, the Court also denies Father’s request for a Gavron warning. 22 7) All other orders set forth in the Findings and Order After Hearing filed 12/23/2025 not in conflict 23 with this order shall remain in full force and effect. 24 8) Father’s attorney shall prepare the Findings and Order After Hearing. 25 9) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 26 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 27 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 28 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 29 proposed order after hearing directly to the court.
Failure to submit the order after hearing within
1 10 days may allow the other party to prepare a proposed order and submit it to the court in 2 accordance with CA Rules of Court, Rule 5.125(d). 3
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brignolo v. thorneycroft xspouse 2026.xsp Xspouse 2026-1-CA
Fixed Shares Father Mother Monthly figures Cash Flow #of children 1 0 2026 Guideline Proposed % time with NCP 0.00 % 0.00 % Comb. net spendable 21482 21596 Filing status HH/MLA SINGLE GUIDELINE Percent change 0% 1% # exemptions 2 * 1 * Nets(adjusted) Father Wages+salary 11390 2929 Father 18815 Payment cost/benefit -4635 -4573 Self-employed income 7451 0 Mother 2667 Net spendable income 14181 14243 Other taxable income 9714 0 Total 21482 Change from guideline 0 62 TANF+CS received 0 0 Support Other nontaxble income 0 0 Addons % of combined spendable 66% 66% 0 New spouse income 0 0 Guideln CS % of saving over guideline 0% 54% -469 401(k) employee contrib 2583 0 Total taxes 6747 6775 S.Clara SS 5104 Adjustments to income 0 0 Dep. exemption value 0 0 Total 4635 SS paid prev marriage 0 0 # withholding allowances 0w 0w CS range: -427--469 CS paid prev marriage 0 0 Net wage paycheck 5577 5577 Health insurance 2993 0 Mother Other medical expense 0 0 Payment cost/benefit 4635 4686 Property tax expense 978 951 Net spendable income 7301 7353 Ded interest expense 1972 1967 Proposed Change from guideline 0 52 Charitable contributions 0 0 Tactic 9 % of combined spendable 34% 34% Misc tax deductions 0 0 CS -493 Qual bus income ded 0 0 SS % of saving over guideline 0% 46% 5038 Required union dues 0 0 Total Total taxes 262 120 4545 Mandatory retirement 0 0 Dep. exemption value 0 0 Hardship deduction 0 * 0 * Saving 114 # withholding allowances 0 0 Other GDL deductions 0 0 Releases 1 Net wage paycheck 2361 2361 Child care expenses 0 0 Released to Mother
Father pays Guideline SS, Proposed SS Mother pays Guideline CS, Proposed CS
FC 4055 checking: ON Per Child Information Timeshare cce(F) cce(M) Addons Payor Basic CS Payor Pres CS Payor All children 100 - 0 0 0 0 Father 469 Mother 469 Mother
100 - 0 0 0 0 Father 469 Mother 469 Mother
Time: 13:40:36 Superior Court of California Date: 05/06/26 County of San Francisco