Junjun Luo v. Zheng Chiu Chan

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

5) 6 JUNJUN LUO,) Case Number: FDI-26-802522) 7 Petitioner) Hearing Date: June 25, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 ZHENG CHIU CHAN,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER: SPOUSAL OR PARTNER SUPPORT, ATTORNEY FEES AND COSTS 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 Petitioner Junjun Luo and Respondent Zheng Chiu Chan. 18 2) On 1/29/26, Petitioner filed a Petition for Dissolution indicating the date of marriage is 3/11/19 19 and date of separation is 10/3/25 for a marriage of 5 years and 6 months. 20 3) On 1/29/26, Petitioner filed a Request for Order seeking orders for spousal support and attorney 21 fees.

Petitioner requests $2,500 per month in pendente lite spousal support and $10,000 in 22 attorney fees. 23 4) On 1/29/2026, Petitioner filed an Income and Expense Declaration, which includes the following 24 information: 25 a. Filing Status: Married filing jointly; 2 exemptions 26 b. Other Party’s Income: Blank 27 c. Average Monthly Income: (Unemployed since 3/11/19 – Alleges housewife entirety of 28 marriage.) 29 d. Cash and checking accounts: Blank

1 e. Total Expenses: $4,500.00/month (Proposed Needs) 2 f. Attorney Fees Paid: $6,500.00/month. 3 5) On 3/3/26, Respondent filed a Response and Request for Nullity indicating the date of marriage is 4 3/11/19 and date of separation is 10/3/25 for a marriage of 5 years and 6 months. 5 6) On 3/3/26, Respondent filed an Income and Expense Declaration, which includes the following 6 information: 7 a. Filing Status: Married filing jointly; 2 exemptions 8 b. Other Party’s Income: $0.00 9 c. Average Monthly Income: $4200.00/month. 10 d.

Cash and checking accounts: $200.00 11 e. Total Expenses: Blank 12 f. Attorney Fees Paid: Blank 13 7) Respondent did not file a Responsive Declaration. 14 8) At the prior 4/21/26 hearing, the Court ordered, in pertinent part, as follows: 15 a. Petitioner’s request for Family Code section 2030 attorney’s fees is DENIED. 16 Respondent does not have the ability to pay any of Petitioner’s attorney’s fees. There 17 does not exist a disparity in access to funds. Respondent’s Income and Expense 18 Declarations filed 3/3/26 indicates he has $200 in “cash and checking accounts,” while 19 Petitioner left blank the “cash and checking” section.

Accordingly, each party shall bear 20 their own attorney fees and costs. 21 b. The Court GRANTS Petitioner’s request for temporary spousal support. In accordance 22 with the XSpouse report attached hereto and incorporated herein, Respondent is obligated 23 to pay Petitioner temporary spousal support in the amount of $1,465 per month, effective 24 2/1/26. 25 c. Respondent owes Petitioner $4,395 in temporary spousal support arrears for the period of 26 2/1/26 – 4/30/26. Respondent shall pay Petitioner an additional $250 per month until this 27 balance is paid in full. 28 d.

Commencing 5/1/26, all payments set forth above shall be made by the 1st of every 29 month.

1 e. The Court reserves jurisdiction over the issues of temporary spousal support and Family 2 Code section 2030 attorney’s fees. 3 f. The Court continues the matter to 6/9/26 at 9 AM in Dept. 403. 4 g. Respondent shall provide Petitioner’s counsel with pay stubs from 2026 by 5/5/26. 5 9) On 5/28/26, Respondent refiled a Response and Request for Nullity. 6 10) On 5/28/26, Respondent filed a Responsive Declaration in opposition to Petitioner’s Request for 7 Order. Respondent requests the Court grant a nullity on the basis of fraud.

Respondent believes 8 that Petitioner entered the marriage for reasons other than forming a genuine marital relationship 9 (i.e., immigration status and financial gain). Respondent asserts that spousal support is not 10 justified under these circumstances and asserts that Petitioner is self-supporting. 11 11) At the prior 6/9/26 hearing, both parties appeared; Petitioner was represented by counsel and 12 Respondent appeared in pro per. The Court continued the matter to 6/25/26 for the final time to 13 permit Respondent to submit his paystubs to counsel for Petitioner. 14 12) On 6/12/26, Petitioner filed an update declaration confirming receipt of Respondent’s paystubs. 15 Petitioner requests the Court recalculate temporary spousal support effective 2/1/26 using $4,716 16 as Respondent’s monthly income (instead of $4,200).

Petitioner attached Respondent’s paystubs. 17 B. Findings and Order 18 1) Petitioner’s request for modification of temporary spousal support to accurately reflect 19 Respondent’s income is GRANTED as the Court reserved jurisdiction over temporary spousal 20 support for Respondent to provide copies of his paystubs. 21 2) Effective 2/1/26, and in accordance with the XSpouse report attached hereto and incorporated 22 herein, Respondent shall pay Petitioner temporary spousal support in the amount of $1,629 per 23 month. 24 3) This means that Respondent owes Petitioner a total of $4,887 in temporary spousal support 25 arrears for the period of 2/1/26 – 4/30/26.

Respondent shall pay Petitioner an additional $250 per 26 month until this balance is paid in full; Respondent shall be credited for any payments towards 27 arrears he made between the 4/21/26 hearing and present. 28 4) Commencing 7/1/26, all payments set forth above shall be made by the 1st of every month. 29

1 5) In so far as Respondent seeks to annul the marriage, such request is not properly before the Court; 2 Respondent may file a new Request for Order. 3 6) Respondent is encouraged to seek assistance from the ACCESS Center. Information for 4 contacting the ACCESS Center can be found here: https://sf.courts.ca.gov/access-legal-self-help- 5 center. 6 7) The Court will prepare the Findings and Order After Hearing. 7

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26-06-25 XSpouse Luo v. Chan 802522

Xspouse 2026-1-CA Monthly Figures 2026 Husband Wife Monthly Figures Cash Flow Fixed Shares 0 0 2026 Guideline Proposed Number of children Percent 0.00% 0.00% Combined net spendable 4071 4071 time with NCP Filing status MFJIN MFJIN Percent change 0% 0% GUIDELINE Number of exemptions 1 1 Nets (adjusted) Husband Wages and salary 4716 0 Self employed income 0 0 Husband 4071 Payment cost/benefit -1629 -1629 Other taxable income 0 0 Wife 0 Net spendable income 2443 2443 TANF CS received 0 0 Total 4071 Change from guideline 0 0 Other nontaxable income 0 0 Support % of combined spendable 60% 60% New spouse income 0 0 % of saving over guideline 0% 0% Addons 0 Employee 401-k contribution 0 0 Total taxes 645 645 Guideln CS 0 Adjustments to income 0 0 Dep. exemption value 0 0 S.Clara SS 1629 SS paid prev marriage 0 0 # withholding allowances 0 0 Total 1629 CS paid prev marriage 0 0 Net wage paycheck 3889 3889 - Health insurance 0 0 Wife Settings changed Other medical expenses 0 0 Payment cost/benefit 1629 1629 Proposed Property tax expenses 0 0 Net spendable income 1629 1629 Ded interest expense Tactic 9 0 0 Change from guideline 0 0 Contribution deduction 0 0 CS 0 % of combined spendable 40% 40% Misc tax deductions 0 0 SS 1629 % of saving over guideline 0% 0% Qualified business income Total 1629 0 0 Total taxes 0 0 deduction Saving 0 Dep. exemption value 0 0 Required union dues 0 0 Releases 0 # withholding allowances 0 0 Mandatory retirement 0 0 Net wage paycheck 0 0 Hardship deduction 0 0 Other GDL deductions 0 0 Child care expenses 0 0

Husband pays Guideline SS, Proposed SS

FC 4055 checking: ON Per Child Information DOB Timeshare cce(F) cce(M) Addons Payor Basic CS Payor Pres CS Payor All children 0-0 0 0 0 Husband 0 Husband 0 Husband

Superior Court of California County of San Francisco