Myesha Gonzales-Williams v. Joseph Cole

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

5) 6 MYESHA GONZALES-WILLIAMS,) Case Number: FPT-25-378730) 7 Petitioner) Hearing Date: August 18, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 JOSEPH COLE,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER: MOTION TO SET ASIDE 13 TENTATIVE RULING 14 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 15 Court makes the following findings and orders: 16 A. Procedural History 17 1) The parties are Petitioner Myesha Gonzales-Williams and Respondent Joesph Cole. 18 2) On 7/15/26, Respondent filed a Request for Order seeking to set aside default entered on 4/9/26 19 pursuant to Code of Civil Procedure section 473(b). 20 3) There is no Proof of Service on file indicating Petitioner was served with Respondent’s 7/15/26 21 Request for Order. 22 4) Petitioner did not file a Responsive Declaration. 23 B.

Findings and Order 24 1) The Court finds Respondent’s 7/15/26 Request for Order was not served at least 16 Court days 25 prior to the hearing date as required by Code of Civil Procedure section 1005(b). 26 2) As such, this matter is continued 10/22/26 at 9 AM in Dept. 403 for lack of service. 27 3) At least 16 Court days prior to the next hearing date, Respondent shall file and serve on Petitioner 28 the (a) 7/15/26 Request for Order, (b) Continuance Order contained herein, and (c) Tentative 29 Ruling Instructions using a service method authorized by the Code of Civil Procedure (i.e., a

1 person over the age of 18 shall mail to Petitioner the (a) Request for Order, (b) Continuance 2 Order, and (c) Tentative Ruling Instructions, and then Respondent shall file form FL-335 (Proof 3 of Service) with the Court confirming service was effectuated). 4 4) At least 9 Court days prior to the next hearing date, Petitioner may file and serve a Responsive 5 Declaration. 6 5) At least 5 Court days prior to the next hearing date, Respondent may file and serve a Reply 7 Declaration. 8 6) The Court will prepare the Findings and Order After Hearing. 9

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