Anthony Metcalf Schwartz v. Grace Maria Schwartz
Temporary Emergency Order; Spousal or Partner Support; Attorney Fees and Costs; Property Control; Characterize Comm
Motion type
Parties
Ruling
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 ANTHONY METCALF SCHWARTZ,) Case Number: FDI-18-790180) 7 Petitioner) Hearing Date: August 18, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 GRACE MARIA SCHWARTZ,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER: TEMPORARY EMERGENCY ORDER, SPOUSAL OR PARTNER 13 SUPPORT, ATTORNEY FEES AND COSTS, PROPERTY CONTROL, REMOVE THE PETITIONER 14 FROM THE APARTMENT, CHARACTERIZE COMM 15 TENTATIVE RULING 16 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 17 Court makes the following findings and orders: 18 A.
Procedural History 19 1) The parties are Petitioner Anthony Metcalf Schwartz and Respondent Grace Maria Schwartz. 20 2) On 7/9/26, Respondent filed an ex parte Request for Order seeking enforcement of spousal 21 support, exclusive use and control of the community leasehold and related relief, and attorney’s 22 fees and costs. 23 3) On 7/9/26, the Court denied Respondent’s request for emergency relief and set the matter for 24 hearing on 8/18/26. The Court ordered Respondent to personally serve Petitioner with all 25 documents filed with the Request for Order (see FL-300). 26 4) There is no Proof of Service on file indicating Petitioner was personally served with 27 Respondent’s 7/9/25 Request for Order. 28 5) Petitioner did not file a Responsive Declaration. 29 B.
Findings and Order
1 1) This matter is continued to 10/22/26 at 9:00 AM in Dept. 403 to permit Respondent to 2 effectuate proper service. 3 2) At least 16 Court days prior to the next hearing date, Respondent shall serve on Petitioner the (a) 4 Request for Order, (b) Continuance Order contained herein, and (c) Tentative Ruling Instructions 5 using a service method authorized by the Code of Civil Procedure. 6 3) At least 9 Court days prior to the next hearing date, Petitioner may file and serve a Responsive 7 Declaration. 8 4) At least 5 Court days prior to the next hearing date, Respondent may file and serve a Reply 9 Declaration. 10 5) The Court will prepare the Findings and Order After Hearing. 11
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