Edward Deleski v. Connor Mcleod

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

5) 6 EDWARD DELESKI,) Case Number: FDI-26-802818) 7 Petitioner) Hearing Date: September 3, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 CONNOR MCLEOD,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER RE SPOUSAL OR PARTNER SUPPORT, ATTORNEY FEES AND COSTS 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 Edward Deleski and Respondent Connor Mcleod.

They share no minor 18 children. 19 2) On 4/2/26, Petitioner filed a Petition for Dissolution indicating the date of marriage is 8/22/15 and 20 date of separation is 3/26/26 for a marriage of 10 years and 7 months. 21 3) On 6/1/26, Respondent filed a Response and Request for Dissolution indicating the date of 22 marriage is 8/22/14 and date of separation is 3/26/26 for a marriage of 11 years and 7 months. 23 4) On 7/9/26, Respondent filed a Request for Order seeking $13,404 in guideline temporary monthly 24 spousal support and $45,000 in Family Code section 2030 attorney’s fees and costs.

Respondent 25 attaches as Exhibit B a proposed XSpouse calculation and requests the Court calculate temporary 26 support on the average of Petitioner’s monthly earnings for the past 5 years, or $54,600 per 27 month. Respondent asserts that there is a significant disparity in income and access to funds as 28 Petitioner earns income from a real estate business and reports total assets of approximately 29

1 $9,080,495, including large cash accounts, retirement assets, brokerage accounts, multiple real 2 estate holdings, and other assets. 3 5) On 7/9/26, Respondent filed an Income and Expense Declaration indicating he is unemployed, 4 has $20,000 in cash assets, has $12,317 in easily saleable funds, and pays $15,048.97 in average 5 monthly expenses. 6 6) On 7/9/26, counsel for Respondent filed a declaration substantiating Respondent’s request for 7 $45,000 in Family Code section 2030 attorney’s fees and costs. 8 7) On 7/31/26, Respondent refiled his Income and Expense Declaration. 9 8) On 8/17/26, Respondent filed a Proof of Electronic Service indicating service (of the Request for 10 Order, declaration of counsel, Tentative Ruling Instructions, and a blank Responsive Declaration) 11 was effectuated by email on 7/22/26.

The Court notes there is no indication whether 12 Respondent’s Income and Expense Declaration was served. 13 9) Petitioner did not file a Responsive Declaration. 14 B. Findings and Order 15 1) Respondent’s unopposed request for Family Code section 2030 attorney’s fees is GRANTED in 16 the amount of $25,000. The Court finds an award of attorney's fees and costs is appropriate here 17 because there is a demonstrated disparity between the parties in access to funds to retain or 18 maintain counsel and in the ability to pay for legal representation. 19 2) The Court further finds, based on Respondent’s assertion of Petitioner’s average monthly income 20 and assets, which Respondent presented under penalty of perjury, Petitioner is reasonably likely 21 to have the ability to pay for legal representation for both parties. 22 3) Finally, $25,000 in attorney's fees and costs are reasonable and necessary. 23 4) Petitioner shall pay this balance in full by 10/3/26. 24 5) Respondent’s request for guideline monthly spousal support is CONTINUED to 11/10/26 at 9 25 AM in Dept. 403 as Petitioner must file mandatory form FL-150 (Income and Expense 26 Declaration). 27 6) At least 9 Court days prior to the next hearing date, Petitioner may file and serve a Responsive 28 Declaration and shall file and serve an Income and Expense Declaration. 29

1 7) At least 5 Court days prior to the next hearing date, Respondent may file and serve a Reply 2 Declaration. 3 8) Should Petitioner fail to file an Income and Expense Declaration as ordered herein, the Court will 4 use Respondent’s estimation of Petitioner’s monthly income ($54,600 per month) to calculate 5 guideline monthly spousal support. 6 9) Counsel for Respondent shall prepare the Findings and Order After Hearing. 7 10) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 8 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 9 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 10 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 11 proposed order after hearing directly to the court. Failure to submit the order after hearing within 12 10 days may allow the other party to prepare a proposed order and submit it to the court in 13 accordance with CA Rules of Court, Rule 5.125(d). 14

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