ANTONIA ANN PENA v. JORGE LUIS PENA, SR.

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

5) 6 ANTONIA ANN PENA,) Case Number: FDI-86-855206) 7 Petitioner) Hearing Date: July 23, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 JORGE LUIS PENA, SR.,) Department: 403) 10 Respondent) Presiding: VISITING JUDGE JANET FRANGIE) 11) 12 REQUEST FOR ORDER RE: PROPERTY CONTROL, POSTHUMOUS ENTRY OF PRE- 13 APPROVED QDRO 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 Antonia Ann Martinez (hereafter “Martinez”) and Jorge Luis Peña, Sr. 19 (hereafter “Peña”). 20 2) On 5/13/88, the Court entered Dissolution Judgment incorporating a Marital Settlement 21 Agreement, which provides for, in pertinent part, Martinez to receive one half of Peña’s pension 22 plan. 23 3) On 6/11/26, Martinez filed a Request for Order seeking to enforce the terms of the Dissolution 24 Judgment dividing Martinez’s pension benefit.

Martinez states Peña, who remarried, passed away 25 on 1/15/25. Martinez attaches a letter from the pension plan administrator and a proposed QDRO 26 to her Request for Order. Martinez asserts that the plan administrator has approved the QDRO 27 and confirmed that her interest is not being paid to the surviving spouse. 28 4) There is no Proof of Service of the Request for Order on file. 29 B. Findings and Order

1 1) The Court recognizes that Martinez has a valid claim to the interest in Peña’s pension benefits 2 awarded to her in the Dissolution Judgment entered 5/13/88. (Cal. Prac. Guide: Family Law 3 (The Rutter Group 2024) ¶ 8:1189.1.) 4 2) However, the Court also recognizes that it is undisputed that Peña remarried. Thus, surviving 5 spouse benefits may be payable to Peña’s new spouse, who was not noticed of this hearing. 6 3) The Court therefore finds good cause to CONTINUE the hearing to 8/27/26 at 9 AM in Dept. 7 403 for Martinez to notice Peña’s surviving spouse. 8 4) At least 16 Court days prior to the next hearing date, Martinez shall serve on Peña’s surviving 9 spouse the (a) 6/11/26 Request for Order, (b) Continuance Order contained herein, (c) a Blank 10 Responsive Declaration; and (d) Tentative Ruling Instructions using a service method authorized 11 by the Code of Civil Procedure. 12 5) The Court will prepare the Findings and Order After Hearing. 13

17

21

25

29