Request for Order (RFO) for spousal support and attorney's fees
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 23, 2026 8:30 AM/1:30 PM
11. STUART J. REMINGTON V. BRITTANY J. REMINGTON 24FL0061
On January 23, 2026, Petitioner filed a Request for Order (RFO) seeking spousal support and attorney’s fees. He filed a Declaration of Stephen M. Sirota concurrently therewith. Both documents were electronically served on February 2nd. However, Petitioner did not file and serve an Income and Expense Declaration.
Respondent filed her Responsive Declaration to Request for Order and her Income and Expense Declaration on April 2nd. The court has two Proof of Service forms for the Responsive Declaration, but there is no Proof of Service for her Income and Expense Declaration therefore the court cannot consider it.
Petitioner Stuart Reminton’s Statement of Support Calculation was filed and served on April 7th along with his Income and Expense Declaration.
“For all hearings involving child, spousal, or domestic partner support, both parties must complete, file, and serve a current Income and Expense Declaration.” Cal. Rule Ct. 5.260(1); See also Cal. Fam. Code §2100. The party requesting support shall file and serve their Income and Expense Declaration with the initial moving papers. El Dorado Sup. Ct. Rule 8.03.01. Here, given that Petitioner failed to file his Income and Expense Declaration, the request for support is denied without.
Likewise, Petitioner was required to include an Income and Expense Declaration with his RFO when requesting attorney’s fees. Accordingly, that request is also denied without prejudice.
Petitioner is directed to prepare the Findings and Orders After Hearing (FOAH); however, this order is effective immediately upon the court’s adoption of the tentative ruling and is not conditioned on the preparation of the FOAH.
TENTATIVE RULING #11: THE RFO IS DENIED WITHOUT PREJUDICE DUE TO FAILURE TO FILE THE REQUISITE PAPERWORK. PETITIONER IS DIRECTED TO PREPARE THE FINDINGS AND ORDERS AFTER HEARING (FOAH); HOWEVER, THIS ORDER IS EFFECTIVE IMMEDIATELY UPON THE COURT’S ADOPTION OF THE TENTATIVE RULING AND IS NOT CONDITIONED ON THE PREPARATION OF THE FOAH.
NO HEARING ON THIS MATTER WILL BE HELD UNLESS A REQUEST FOR ORAL ARGUMENT IS TRANSMITTED ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY PHONE CALL TO THE COURT AT (530) 621-6725 BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07; SEE ALSO
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LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 23, 2026 8:30 AM/1:30 PM
LEWIS V. SUPERIOR COURT, 19 CAL.4TH 1232, 1247 (1999). NOTICE TO ALL PARTIES OF A REQUEST FOR ORAL ARGUMENT AND THE GROUNDS UPON WHICH ARGUMENT IS BEING REQUESTED MUST BE MADE BY PHONE CALL OR IN PERSON BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07.