Request for Order Spousal or Partner Support, Disbursement of Community Funds / Appointment of 730 Expert; Motion in Limine
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 SABRINA COBURN,) Case Number: FDI-24-799774) 7 Petitioner) Hearing Date: June 11, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 JAMES ROBERT COBURN,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER SPOUSAL OR PARTNER SUPPORT, DISBURSEMENT OF COMMUNITY 13 FUNDS / APPOINTMENT OF 730 EXPERT 14 TENTATIVE RULING 15 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 16 Court makes the following findings and orders: 17 A.
Procedural History 18 1) The parties are Petitioner Sabrina Coburn and Respondent James Robert Coburn. They share one 19 minor child: Mayah Luna Coburn (DOB: 2/15/14). There are two related cases: case no. FDV-23- 20 816961 and FCS-23-356526. 21 2) On 5/23/24, Petitioner filed a Petition for Dissolution indicating the date of marriage is 4/10/04 22 and date of separation is 5/23/23 for a marriage of 19 years and 5 months. 23 3) On 9/12/24, the Court set temporary spousal support to $0 because Respondent was laid off from 24 Uber on 3/1/24 and ordered Father to use his best efforts to secure a position of paid employment 25 commensurate with his earning capacity.
See Findings and Order After Hearing (FOAH) file 26 dated 4/2/26. 27 4) On 2/3/26, Petitioner filed a Request for Order seeking temporary spousal support, advancement 28 of community funds, and appointment of an Evidence Code 730 expert. Petitioner alleges 29
1 financial abuse and extra-marital activity, and Petitioner asserts that she had no access to financial 2 records during marriage. Petitioner requests: 3 a. Guideline temporary spousal support based on Petitioner earning $1,022 a month and 4 Respondent’s income, which is to be determined (though Petitioner asserts According to 5 Respondents 2024 W-2 Respondent earned $228,390.97 in 2024 at Uber Technologies); 6 b. Immediate disbursement of $400,000 from the Morgan Stanley at Work-Uber 7 Technologies account ending in X9453 as her sole and separate funds (as there was a 8 balance of $1,040,740.52 in the account as of 9/20/24, which Petitioner believes are 9 community funds; and 10 c.
Appointment of a 730 expert. Petitioner requests the Court appoint Kery Kamita or James 11 Butera as a forensic accountant pursuant to Evidence Code section 730, with Respondent 12 100% responsible for the costs and the parties ordered to cooperate and provide all 13 requested documentation. Petitioner requests the forensic accountant perform: 14 i. A pre-separation accounting; 15 ii. A post-separation accounting; 16 iii. A marital standard of living analysis; and 17 iv. A division of community assets analysis. 18 5) On 2/3/26, Petitioner filed a Memorandum of Points and Authorities. 19 6) On 2/3/26, Petitioner filed an Income and Expense Declaration indicating she earns $1,064 in 20 average monthly income and pays $6,828 in average monthly expenses. 21 7) On 4/2/26, Petitioner filed Motion in Limine to Exclude Exhibits and Portions of the Responsive 22 Declaration to Request for Order. 23 8) On 4/2/26, Petitioner filed a Reply Declaration attached to which is a proposed XSpouse 24 Calculation calculating spousal support at $3,294 monthly.
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The inputs include Petitioner’s 25 income at $1,022 and Respondent’s income at $18,358 monthly. 26 9) On 4/10/26, Respondent filed a Responsive Declaration in opposition to Petitioner’s Request for 27 Order. Respondent argues that Petitioner is not following child custody and visitation agreements 28 so spousal support should not be ordered at this time. Respondent objects to disbursement of 29 community funds. Respondent requests child custody and visitation related orders.
1 10) On 4/10/26, Respondent filed an Income and Expense Declaration indicating he earns $18,358 in 2 average monthly income, pays $2,408 in monthly health insurance premiums, has $8,460 in cash 3 assets, has $933,089 in easily saleable funds, and pays $4,323 in average monthly expenses 4 ($2,300 of which are paid by others). 5 11) On 4/14/26, the Court continued the matter to 5/12/26 on the Court’s own motion. 6 12) At the prior 5/12/25 hearing, both parties appeared and agreed to Petitioner receiving an 7 advancement of $20,000 of Petitioner’s share of community funds within one week of 5/12/26. 8 Respondent was ordered to provide documentation of the transfer to Petitioner’s counsel after it 9 was completed.
The Court continued the matter to 6/11/26. 10 13) On 6/3/26, Petitioner filed an update declaration asserting she did not receive any disbursement of 11 funds from Respondent. 12 B. Findings and Order 13 1) As a preliminary matter, Petitioner’s Motion in Limine is GRANTED. 14 2) Respondent’s request regarding child custody and visitation (set forth in his 4/10/26 Responsive 15 Declaration) is beyond the scope of the hearing set for 6/11/26, per Family Code section 213. 16 Respondent’s request is therefore DENIED without prejudice.
Respondent may file a separate 17 Request for Order to seek relief regarding this unrelated issue. (California Rules of Court, rule 18 5.92(g)(2).) 19 3) Petitioner’s request for temporary guideline spousal support is GRANTED effective 2/3/26 (i.e., 20 the date on which Petitioner filed the instant Request for Order). 21 4) In accordance with the XSpouse report attached hereto and incorporated herein, Respondent shall 22 pay to Petitioner $2,435 per month in guideline temporary spousal support.
Respondent shall pay 23 this amount to Petitioner no later than the 1st of each month. 24 5) The XSpouse is based on the following findings: 25 a. Per Petitioner’s Income and Expense Declaration filed 2/3/26, Petitioner earns $1,064 in 26 average monthly income. 27 b. Per Respondent’s Income and Expense Declaration filed 4/10/26, Respondent earns 28 $18,358 in average monthly income and pays $2,408 in monthly health insurance 29 premiums.
1 6) Respondent owes Petitioner $11,833.75 in spousal support arrears for the period of 2/3/26 – 2 6/30/26 ($2,093.75 for February + $9,740 ($2,435 x 4) for March – June). Respondent shall pay 3 this balance in full by 6/18/26. 4 7) Respondent is admonished for his failure to follow the Court’s 5/12/26 order advancing Petitioner 5 $20,000 of her share of community funds. 6 8) Petitioner’s request for immediate disbursement of funds is GRANTED in amount of $100,000 7 total i.e., $20,000 as ordered on 5/12/26 + an additional $80,000) as an advancement of her 8 community property interest, which is subject to reallocation pending trial.
Respondent shall pay 9 this balance in full by 7/11/26. 10 9) Petitioner’s request for appointment of a forensic account is GRANTED for the purpose of 11 performing: 12 a. A pre-separation accounting; 13 b. A post-separation accounting; 14 c. A marital standard of living analysis; and 15 d. A division of community assets analysis. 16 10) The forensic accountant shall be the Court’s Evidence Code section 730 expert. By 6/10/26, 17 Petitioner shall provide two names of proposed forensic accountants to Respondent including, 18 their hourly rate, curriculum vitae (CV), and availability.
Respondent shall be copied on all 19 correspondence with potential forensic accountants. Respondent shall then select one of the two 20 options proposed by Petitioner by 6/25/26. 21 11) Respondent shall be responsible for all fees and costs incurred for the forensic accountant subject 22 to reallocation. 23 12) Counsel for Petitioner shall prepare the Findings and Order After Hearing. 24 13) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 25 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 26 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 27 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 28 proposed order after hearing directly to the court.
Failure to submit the order after hearing within 29
1 10 days may allow the other party to prepare a proposed order and submit it to the court in 2 accordance with CA Rules of Court, Rule 5.125(d). 3
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26-05-12 xspouse coburn v. coburn 799774.xsp
2026 Xspouse 2026-1-CA Monthly Figures Fixed Shares Father Mother Monthly Figures Cash Flow Number of children 0 1 2026 Guideline Proposed Percent time with NCP 8.90% 0.00% Combined net spendable 11520 11520 Filing status SINGLE HH/MLA Percent change 0% 0% GUIDELINE Number of exemptions 1 2 Nets (adjusted) Father Wages and salary 18358 1064 Self employed income 0 0 Father 10010 Payment cost/benefit -2435 -2435 Other taxable income 0 0 Mother 1510 Net spendable income 7575 7575 TANF CS received 0 0 Total 11520 Change from guideline 0 0 Other nontaxable income 0 0 Support % of combined spendable 66% 66% New spouse income 0 0 % of saving over guideline 0% 0% Addons 0 Employee 401-k contribution 0 0 Total taxes 5940 5940 Guideln CS 0 Adjustments to income 0 0 Dep. exemption value 0 0 S.Clara SS 2435 SS paid prev marriage 0 0 # withholding allowances 0 0 Total 2435 CS paid prev marriage 0 0 Net wage paycheck 11684 11684 - Health insurance 2408 0 Settings changed Mother Other medical expenses 0 0 Payment cost/benefit 2435 2435 Proposed Property tax expenses 0 0 Net spendable income 3945 3945 Tactic 9 Ded interest expense 0 0 Change from guideline 0 0 Contribution deduction 0 0 CS 0 % of combined spendable 34% 34% Misc tax deductions 0 0 SS 2435 % of saving over guideline 0% 0% Qualified business income Total 2435 0 0 Total taxes -446 -446 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 969 969 Hardship deduction 0 0 Other GDL deductions 0 0 Child care expenses 0 0
Father 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 9 - 91 0 0 0 Father 0 Father 0 Father 0000-00-00 8 - 92 0 0 0 Father 0 Father 0 Father
Superior Court of California County of San Francisco