ANTONIA ANN PENA v. JORGE LUIS PENA, SR.

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

5) 6 ANTONIA ANN PENA,) Case Number: FDI-86-855206) 7 Petitioner) Hearing Date: August 27, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 JORGE LUIS PENA, SR.,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER RE: PROPERTY CONTROL, POSTHUMOUS ENTRY OF PRE- 13 APPROVED QDRO 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 Antonia Ann Martinez (hereafter “Martinez”) and Jorge Luis Peña, Sr. 19 (hereafter “Peña”). 20 2) On 5/13/88, the Court entered Dissolution Judgment incorporating a Marital Settlement 21 Agreement, which provides for, in pertinent part, Martinez to receive one half of Peña’s pension 22 plan. 23 3) On 6/11/26, Martinez filed a Request for Order seeking to enforce the terms of the Dissolution 24 Judgment dividing Peña’s pension benefit.

Martinez states Peña, who remarried, passed away on 25 1/15/25. Martinez attaches a letter from the pension plan administrator and a proposed QDRO to 26 her Request for Order. Martinez asserts that the plan administrator has approved the QDRO and 27 confirmed that her interest is not being paid to the surviving spouse. 28 4) At the prior 7/23/26 hearing, the Court ordered: 29

1 a. The Court recognizes that Martinez has a valid claim to the interest in Peña’s pension 2 benefits awarded to her in the Dissolution Judgment entered 5/13/88. (Cal. Prac. Guide: 3 Family Law (The Rutter Group 2024) ¶ 8:1189.1.) 4 b. However, the Court also recognizes that it is undisputed that Peña remarried. Thus, 5 surviving spouse benefits may be payable to Peña’s new spouse, who was not noticed of 6 this hearing. 7 c. The Court therefore finds good cause to CONTINUE the hearing to 8/27/26 at 9 AM in 8 Dept. 403 for Martinez to notice Peña’s surviving spouse. 9 d.

At least 16 Court days prior to the next hearing date, Martinez shall serve on Peña’s 10 surviving spouse the (a) 6/11/26 Request for Order, (b) Continuance Order contained 11 herein, (c) a Blank Responsive Declaration; and (d) Tentative Ruling Instructions using a 12 service method authorized by the Code of Civil Procedure. 13 5) On 7/23/26, Martinez filed a Proof of Service by Mail indicating the service was effectuated on 14 Kathryn Jean Peña on 7/23/26. 15 6) No additional pleadings were filed. 16 B.

Findings and Order 17 1) Martinez’s request to enforce the terms of the Dissolution Judgment dividing Peña’s pension 18 benefit in accordance with the proposed QDRO attached to her Request for Order is GRANTED. 19 2) The Court will review and sign the proposed QDRO attached to Peña’s 6/11/26 Request for 20 Order. 21 3) The Court will prepare the Findings and Order After Hearing. 22

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