Request for Order Authorization for CalSTRS to Release Funds; Request for Order Property Control; Request for Order Re: Attorney Fees and Costs
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 JENNIFER JEAN PHILLIPS,) Case Number: FDI-23-798937) 7 Petitioner) Hearing Date: July 7, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 DAVID ERIC PHILLIPS-KERLEY,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER AUTHORIZATION FOR CALSTRS TO RELEASE ALL FUNDS AND 13 BENEFITS TO PETITIONER; REQUEST FOR ORDER PROPERTY CONTROL, FC1101(H) 14 GLOBAL ORDER / INTERIM $200K SEE ATTACHED; REQUEST FOR ORDER RE: ATTORNEY 15 FEES AND COSTS, DISBURSEMENT OF SETTLEMENT FUNDS TO SATISFY OUTSTANDING 16 SANCTIONS ORDER 17 TENTATIVE RULING 18 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 19 Court makes the following findings and orders: 20 A.
Procedural History 21 1) The parties in this matter are Petitioner Jennifer Jean Phillips (Wife) and Respondent David Eric 22 Phillips-Kerley (Husband). The parties married on 1/3/1998. Wife contends the parties’ date of 23 separation is 3/31/2023, for a marriage of 25 years and 3 months. Husband contends the date of 24 separation is “to be determined.” 25 2) This matter is on for hearing on the following issues: 26 a. Wife’s request for disbursement of $10,000 from the blocked account containing 27 settlement proceeds from Husband’s lawsuit to cover a sanction award previously 28 ordered by Judge Costin in her Findings and Order After Hearing filed 10/22/2025.
See 29 Temporary Emergency (Ex Parte) Order filed 5/21/2026.
1 b. Wife’s request for the release of $200,000 from the blocked account containing 2 settlement proceeds from Husband’s lawsuit. See Temporary Emergency (Ex Parte) 3 Order filed 6/26/2026. 4 3) The Court notes it already adjudicated Wife’s Request for Order filed 5/5/2026 seeking
5 authorization for CalSTRS to release all funds and benefits to Wife as well as Wife’s request that 6 the Court award her 100% of various assets. See Temporary Emergency (Ex Parte) Order filed 7 6/26/2026. 8 4) At the prior 6/26/2026 ex parte hearing, the Court ordered Husband to file and serve a response or 9 objection to Wife’s request to release funds from the blocked account no later than 6/30/2026. 10 Husband did not file his opposition until 7/6/2026. 11 5) On 7/1/2026, attorney Alexis Gallindo filed a declaration stating he did not receive the Findings 12 and Order After Hearing filed 6/5/2026 in the mail until 6/18/2026. Mr. Gallindo states the
13 amount he was ordered to disburse to Rocket Mortgage from the settlement proceeds 14 ($45,577.72) is incorrect and the amount should be $47,577.72. Mr. Gallindo states he confirmed 15 with Rocket Mortgage attorney Andrew McKay that $47,577.72 is the correct amount. Mr. 16 Gallindo states he is prepared to issue payment to Rocket Mortgage immediately upon 17 confirmation of the correct payment amount and receipt of the mailing address and loan number 18 from Mr. McKay. Mr. Gallindo states that, once payment is issued, his firm will promptly 19 establish the blocked interest-bearing client trust account as directed by the Court and deposit the 20 remaining settlement proceeds therein. The Court will address this issue below.
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21 6) The Court notes there are two future hearings scheduled in this matter: 22 a. 7/31/2026 at 9:00 AM – Judicial Settlement Conference 23 b. 8/25/2026 at 9:00 AM – law and motion hearing on Wife’s Orders to Show Cause Re: 24 Contempt and Husband’s Request for Order to discharge many of the contempt counts 25 B. Findings and Order 26 1) The Court has summarized in the Procedural History section above the issues to be heard at the 27 7/7/2026 hearing. In addition to these issues, Wife has filed an extensive number of declarations 28 over the past few months that attempt to add additional issues to the 7/7/2026 hearing. This is not 29 proper procedure. As provided in California Rule of Court 5.111 and Code of Civil Procedure
1 section 1005(b), if Wife would like the Court to adjudicate a request, she must file a Request for 2 Order, and one declaration (not to exceed 10 pages in length, not including exhibits) which 3 specifies her requests and provides argument for why the Court should grant those requests and 4 those pleadings must be filed and served at least 16 court days before the hearing. Wife must not
5 file declaration after declaration in an attempt to add more and more issues to a hearing date. 6 Wife has been previously admonished on this issue, and the Court expects Wife to comply with 7 this requirement effective immediately. 8 2) As Husband’s opposition to Wife’s requests for disbursement of funds from the blocked account 9 was filed following the Court-ordered deadline and because there is no Proof of Service on file 10 demonstrating service of that pleading on Wife, the Court will disregard Husband’s opposition 11 filed 7/6/2026. 12 3) The Court finds that the correct amount to be paid to Rocket Mortgage from the settlement
13 proceeds is $47,577.72. Once payment has been issued to Rocket Mortgage for this amount, Mr. 14 Gallindo shall provide proof of payment to both parties. 15 4) The Court makes the following orders regarding additional disbursements from the settlement 16 proceeds. 17 a. $10,000 shall be immediately disbursed to Wife for sanctions previously awarded to Wife 18 by Judge Costin in the Findings and Order After Hearing filed 10/22/2025. 19 b. $50,000 shall be immediately disbursed to each party (a total of $100,000 disbursed) as 20 an early distribution of community property. Because there is a dispute regarding whether
21 some or all of the settlement proceeds are community property, the Court’s jurisdiction to 22 later reallocate these distributions is reserved. 23 5) To summarize, Wife shall receive a disbursement of $60,000 and Husband shall receive a 24 disbursement of $50,000 from the settlement proceeds. As soon as Mr. Gallindo receives the 25 Findings and Order After Hearing memorializing this order in the mail, he shall issue checks to 26 each party for these amounts. 27 6) Once payment has been made to Rocket Mortgage, Wife, and Husband as set forth above, Mr. 28 Gallindo shall place the remainder of the settlement proceeds in a blocked interest-bearing client 29 trust account in both parties’ names. The account shall remain blocked until further Court order.
1 7) The Court will prepare the Findings and Order After Hearing, which will be mailed to Wife, 2 Husband’s attorney, and Mr. Gallindo. 3
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