ISMARA ZUGUEY MENDOZA AMEZCUA v. EMMANUEL ROBERTO MENDOZA GONZALEZ

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

5) 6 ISMARA ZUGUEY MENDOZA AMEZCUA,) Case Number: FDI-22-797316) 7 Petitioner) Hearing Date: August 11, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 EMMANUEL ROBERTO MENDOZA) Department: 403) 10 GONZALEZ,) Presiding: BOBBY P. LUNA) 11 Respondent) 12 REQUEST FOR ORDER FOR CHANGE OF CHILD CUSTODY, VISITATION (PARENTING TIME), 13 CHILD SUPPORT, IN THE ALTERNATIVE SET ASIDE DEFAULT JUDGMENT PER CCP 473.5 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 Ismara Amezcua (Mother) and Respondent Emmanuel Gonzalez 19 (Father). They share one minor child named Yaretzi Mendoza (08/16/20). 20 2) On May 15, 2026, Father filed a Request for Order in which he seeks the following orders: 21 a. Set Aside Default Judgment entered on 04/07/25; or, in the alternative 22 b. Modification of Child Custody; 23 c. Modification of Visitation; and 24 d. Modification of Child Support (DCSS is involved in this action). 25 3) On May 15, 2026, Father filed an Income and Expense Declaration. 26 4) On June 18, 2026, Mother filed a Responsive Declaration in which she is asking this Court to 27 deny all of the relief requested by Father. 28

1 5) On June 12, 2026, a Declaration was filed by Process Server, Wilfredo Mendez, who has declared 2 under penalty of perjury that he served Father in Court after a hearing conducted on January 12, 3 2023. 4 B. Findings and Order 5 1) This Court has jurisdiction to make child custody orders in this case under the Uniform Child 6 Custody Jurisdiction and Enforcement Act. A violation of this order may subject the party in 7 violation to civil or criminal penalties, or both. The country of habitual residence of the minor 8 child(ren) is the United States. 9 2) Father’s motion to set aside the default Judgment entered on April 7, 2025 is DENIED. 10 3) Father’s request to modify the existing child custody and visitation orders is DENIED.

Father has 11 not provided this Court with any evidence that he has taken any steps towards resolving the issues 12 which led to the issuance of the juvenile court’s child custody and visitation orders. As such, 13 there is no change in circumstance warranting a modification at this time. 14 4) Father’s request to modify child support is continued to Department 414 to be heard on the 15 Court’s Department of Child Support Services (DCSS) calendar as DCSS is involved in the case. 16 Father’s request to modify child support is therefore continued to September 15th at 8:30 a.m., 17 in Department 414. 18 5) All existing orders, not in conflict with the orders made herein, remain in full force and effect. 19 6) The Court will prepare the Findings and Order After Hearing. 20