Sai Kit Lee v. Shi Fen Qin

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

5) 6 SAI KIT LEE,) Case Number: FDI-25-801373) 7 Petitioner) Hearing Date: May 19, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 SHI FEN QIN,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 PROVE-UP HEARING RE: REQUEST FOR ENTRY OF TRUE DEFAULT JUDGMENT 13 TENTATIVE RULING 14

15 The parties are ordered to appear in Department 404 in person or via Zoom video. Petitioner 16 shall be prepared to explain to the Court why the Petition and Summons were mailed to the Santa 17 Cruz Ave. address (when Petitioner previously indicated Respondent no longer lives there) and 18 whether Respondent did indeed receive those papers and sign the Notice and Acknowledgment of 19 Receipt. 20 If a party chooses to appear by Zoom, that party must abide by the Notice and Instructions for 21 Remote Appearance in San Francisco Family Court set forth above 22

23 A. Procedural History 24 1) On 5/9/2025, Petitioner Sai Kit Lee filed a Petition for Dissolution. Petitioner states the parties 25 married on 1/4/2022 and separated on 1/1/2024, for a marriage of 2 years. Petitioner also states 26 the parties have no minor children. 27 2) On 5/16/2025, Petitioner filed an Application for Order for Posting asking that Petitioner be 28 permitted to serve Respondent Shi Fen Qin with the Summons and Petition by posting. Petitioner 29

1 stated Respondent had vacated their shared residence located on Santa Cruz Ave. in San 2 Francisco on 11/1/2024 and Petitioner had not been able to locate Respondent since then. 3 3) On 6/25/2025, Judge Chan denied Petitioner’s Request for an Order for Posting. 4 4) On 7/28/2025, Petitioner filed a Proof of Service of Summons indicating that the Petition, 5 Summons, blank Response, and Petitioner’s Income and Expense Declaration had been mailed to 6 the address of the parties’ previously shared residence on Santa Cruz Ave. in San Francisco 7 (which is also Petitioner current address) on 7/11/2025.

Petitioner attached a Notice and 8 Acknowledgment of Receipt to the Proof of Service of Summons purportedly signed by 9 Respondent on 7/19/2025. 10 5) On 1/6/2026, Petitioner submitted a True Default Judgment for the Court’s review. 11 6) On 3/12/2026, the Court issued an Order Setting Prove-Up Hearing Re: Request for Entry of True 12 Default Judgment ordering Petitioner to appear on 5/19/2026 at 9:00 AM to explain to the Court 13 why the Petition and Summons were mailed to the Santa Cruz Ave. address (when Petitioner 14 previously indicated Respondent no longer lives there) and whether Respondent did indeed 15 receive those papers and sign the Notice and Acknowledgment of Receipt. 16 7) The Court notes that Respondent has filed no pleadings in this matter to date. 17 B.

Findings and Order 18 1) The parties are ordered to appear. Petitioner shall be prepared to explain to the Court why 19 the Petition and Summons were mailed to the Santa Cruz Ave. address (when Petitioner 20 previously indicated Respondent no longer lives there) and whether Respondent did indeed 21 receive those papers and sign the Notice and Acknowledgment of Receipt. 22

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