Frank Lewis Flores v. Purevsuren Baajuudai Flores

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

5) 6 FRANK LEWIS FLORES,) Case Number: FDI-24-800346) 7 Petitioner) Hearing Date: June 30, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 PUREVSUREN BAAJUUDAI FLORES,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER: EXCLUSIVE OCCUPANCY 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 Frank Lewis Flores (Husband) and Respondent Purevsuren Baajuudai 18 Flores (Wife).

There are no minor children subject to this proceeding. 19 2) On 10/01/24, Husband filed a Petition for Dissolution indicating the date of the marriage is 20 12/15/14 and the date of separation is 9/9/24 for a marriage of 9 years and 8 months. Husband 21 asserts that the parties have a prenuptial agreement. 22 3) On 11/13/24, Wife filed a Response and Request for Dissolution indicating the date of the 23 marriage is 12/15/14 and the date of separation is 11/04/24 for a marriage of 9 years and 11 24 months.

Wife disputes the validity and enforceability of the prenuptial agreement. 25 4) On 03/23/26, Husband filed a Request for Order seeking exclusive occupancy of the residence 26 located on 39 Princeton Street, San Francisco, CA 94134 (hereafter “the property”). Husband 27 asserts the property is separate property according to the prenuptial agreement. 28

1 5) On 03/23/26, Husband filed an Income and Expense Declaration indicating that he earns 2 $7,449.56 in gross monthly income, has $5,347,265 in stocks and easily sellable assets, has 3 $1,200,000 in real and personal property assets, and pays $6,017 in total monthly expenses. 4 6) On 04/16/26, Husband filed a Proof of Service indicating that Wife was served on 03/26/26 by 5 personal service, which is timely service. 6 7) On 06/16/26, Wife filed a Responsive Declaration in opposition to Husband’s Request for Order 7 wherein Wife asserts the prenuptial agreement was in English, there was no translator or 8 interpreter present at the time of signing, and that she did not understand most of the document or 9 its consequences.

Wife indicates that her gross income for 2025 was $3,396.92 per month. Wife 10 requests that the Court deny Husband’s request for exclusive occupancy, until such a time that the 11 Court has made a ruling on the issues of spousal support and attorney’s fees and has allowed 12 Wife enough time to find a new home. Wife requests the Court reserve jurisdiction to issue 13 sanctions on Husband. 14 8) On 06/16/26, Wife filed a Memorandum of Points and Authorities in opposition to Husband’s 15 Request for Order asserting that Wife has resided in the property for approximately 14 years. 16 Further, Wife asserts that under Family Code section 753, a court is specifically foreclosed from 17 issuing an order excluding either spouse from the dwelling of the other spouse absent allegations 18 of domestic violence. 19 9) On 06/17/26, Wife filed a Proof of Service indicating that Husband was served with the 20 responsive pleadings on 06/16/26 by electronic service, which is timely service. 21 10) On 6/23/26, Husband filed a Reply Declaration reiterating his request.