County of San Francisco v. Sergio Torres

1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4

5) 6 COUNTY OF SAN FRANCISCO,) Case Number: FCS-18-353130) 7 Petitioner) Hearing Date: June 4, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 SERGIO TORRES,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER OF VISITATION (PARENTING TIME) 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 are Respondent Sergio Torres (Father) and Other Parent Marjorie Nishimata 18 (Mother).

The minor child subject to this proceeding is Akira (DOB: May 18, 2018). 19 2) On January 28, 2025, Judge Roeca signed a Findings and Order After Hearing (FOAH) that: (a) 20 reaffirmed joint legal and joint physical custody of the child (see FOAH filed January 10, 2023); 21 and (b) reaffirmed Mother’s weekly parenting time from Friday at 6 pm to Sunday at 6 pm (see 22 FOAH filed August 4, 2023). The court also reaffirmed that the child would attend school in 23 Napa with exchanges at the Berkeley Police Department. 24 3) On June 17, 2025, Mother filed an ex parte Request for Order to Change Visitation (Parenting 25 Time) requesting two additional days with the child and that the child begin autism therapy via 26 Zoom. 27 4) The Request for Order to Change Visitation was set on August 18, 2025, and then continued three 28 times (to September 29, 2025, then to November 10, 2025, then to January 13, 2026). 29

1 5) On October 27, 2025, Mother filed a declaration stating that the paternal grandparents, Noelia 2 Rivera and Jose Torres, harass her during the exchanges and requesting “for one or two days 3 more with my son.” 4 6) On December 17, 2025, Father filed a Responsive Declaration requesting that either the paternal 5 grandfather or paternal grandmother or the paternal uncle, Christian Torres, be allowed to 6 conduct the custody exchanges and that the paternal uncle be allowed to drop off and pick up the 7 child from school.

Father further requests that Mother show proof of a valid driver’s license and 8 provide employment information and the address where she resides. Father also requests that 9 Mother not to disturb the child during his swimming lessons. 10 7) On December 17, 2025, the paternal grandmother, Noelia Rivera, filed a declaration denying that 11 she follows, harasses, or threaten Mother or the child (her grandson) during custody exchanges. 12 8) On December 31, 2025, Mother filed a Request to Reschedule seeking a hearing date after 13 February 6, 2026.

Mother’s Request to Reschedule was denied on January 8, 2026. 14 9) On January 5, 2026, both parties attended mediation, but they did not reach an agreement. 15 10) On January 13, 2026, the Court adopted its tentative ruling. Within its tentative ruling (which is 16 now an order of the Court) the Court ordered: “All other outstanding issues are continued to June 17 4, 2026 at 9:00 a.m., in Dept. 403. At least 10 days in advance of the hearing date, both parties 18 may file and serve updated declarations.” 19 11) On May 19, 2026, Father filed a declaration, which has been read and considered by the Court. 20 12) On May 28, 2026, Father filed an additional declaration in which he raised additional concerns 21 including that Mother was still driving the children without a valid California Driver’s License. 22 B.