Mahaffy, Susan E. v. Alkire, David
Status Conference
Motion type
Parties
Ruling
STATUS CONFERENCE TENTATIVE DECISION 09/04/2026, 9:00 a.m. Department 3
Case No. FL0003586 Petitioner: Mahaffy, Susan E. Attorney: Self-Represented Respondent: Alkire, David Attorney: Self-Represented
1. Continue hearing Status Conference is continued to Friday, 03/05/2027, at 9:00 a.m. in Department 3 of Superior Court of California, County of Nevada, Nevada City Branch. Please check the Court website tentative ruling page to see if a tentative ruling has been posted and if your appearance is necessary. Tentative ruling should be posted on or before 03/02/2027. Any forms listed in item 2 below shall be served and filed no later than ten (10) days before 03/05/2027. Item 3 Judgment forms are not on this schedule. Those shall be filed when a Judgment is ready to be submitted. That is usually when a written agreement has been reached.
2. The Court notes that the following are still required: a. Corrected FL-115 Proof of Service of Summons. FL-115 is not complete. The address of service is missing. If the original server is not available to correct this, the documents will need to be re-served. When the Court has the correct Proof of Service, the Court requires one of the following: i. FL-120 Response and FL-141 Dec. re: Service of Declaration of Disclosure from Respondent, OR ii. Agreement that Respondent has additional time to file Response.
Parties may use FL14 Family Law Stipulation (Nevada County) if signed by both parties or MC-030 Declaration if only signed by Petitioner. b. FL-141 Dec. re: Service of Declaration of Disclosure from Respondent. There is apparently an agreement between the parties. c. The Court notes that FL-144 Waiver of Final Declaration was filed, but FL- 141 from Respondent is still needed under Family Code Section 2104. The Court notes that these financial disclosures are for the protection of the parties. While the Court does not encourage a waiver of service of a Final Declaration of Disclosure, the parties may waive the Final Declaration of Disclosure.
The Preliminary Declaration cannot be waived.
3. Judgment Form Pack for Default with Agreement, without minor(s) When the case has been settled, the Court will also need all of the following forms. a. Either FL-141 Dec. re: Service of Declaration of Disclosure showing service of Final Declaration of Disclosure from each party OR FL-144 Stipulation & Waiver of Final Declaration of Disclosure signed by both parties after service of each party’s Preliminary Disclosure Declarations and
supporting documents. The Court notes that these financial disclosures are for the protection of the parties. While the Court does not encourage a waiver of service of a Final Declaration of Disclosure, the parties may waive the Final Declaration of Disclosure. Preliminary Disclosure cannot be waived. b. Re-submitted FL-165 Request to Enter Default from Petitioner more than thirty days after correction of Proof of Service. Entry of Default is set aside. It should not have been entered based upon an incomplete Proof of Service. c. FL-180 Judgment (Family Law) with attached fully signed and notarized Marital Settlement Agreement, any other applicable agreement forms.
4. The standard terms listed at the top of the tentative decision posting are incorporated by reference. __________________________________________________________________
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