Petitioner’s Request for Order (RFO) regarding property use and attorney fees
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 4 JUNE 12, 2026 9:30 a.m.
1. TAMMY EVANS v. CODY EVANS 23FL0016
This ma er is before the court on Pe oner’s Request for Order (“RFO”), filed April 29, 2026. The RFO requests that the court make the following orders: (1) grant Pe oner the exclusive temporary use, possession, and control of the Hampton Lane property, which Pe oner indicates she either owns or is buying; and (2) a orney fees and costs in the amount of $25,000. Proof of service filed June 5, 2026, declares that Respondent was served with the RFO by mail at his last known address on May 26, 2026.
This is not adequate service. While the RFO was mely filed, it was not mely served. A RFO must be filed and served at least 16 court days prior to the hearing, plus an addi onal 5 calendar days if service is by regular mail. (Code Civ. Proc., § 1005, subd. (b).) Here, Respondent was served 13 court days prior to the hearing, not taking into the account the addi onal 5 calendar days for service by mail. Because Respondent was not properly served with the RFO, the ma er is dropped from the calendar.
Pe oner may secure a new hearing date and re-serve all the required documenta on and re-no ce Respondent of the hearing on the RFO.
TENTATIVE RULING #1: THE MATTER IS DROPPED FROM THE CALENDAR.
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