Larry A Allen v. Ann L Allen

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

5) 6 LARRY A ALLEN,) Case Number: FDI-03-753230) 7 Petitioner) Hearing Date: May 21, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 ANN L ALLEN,) Department: 403) 10 Respondent) Presiding: JUDGE KATHLEEN DIESMAN) 11) 12 REQUEST FOR ORDER RE: ORDER PETITIONER TO SIGN QDRO 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 Larry A.

Allen and Respondent Ann L. Allen. 18 2) On 10/25/06, Judgment of Dissolution was entered, which provides for division of Petitioner’s 19 pension plan as follows: (a) 50% of Petitioner’s pension plan from his employer and WCT 20 pension plan from 3/28/92 to 3/5/03 confirmed to Respondent as her separate property; and (b) 21 Petitioner’s pension plans from his employment and union – with the exception of the 50% to 22 Respondent during the time of marriage – confirmed as Petitioner’s separate property. 23 3) On 3/10/25, Respondent filed a Request for Joinder of Employee Benefit Plan and Order and 24 related pleadings; therefore, joinder of Petitioner’s pension plan was effectuated. 25 4) On 3/17/26, Respondent filed a Request for Order seeking an order for Petitioner to sign a 26 proposed Qualified Domestic Relations Order (QDRO).

Respondent asserts that Petitioner’s 27 pension has not been divided in accordance with the Judgment. Respondent attached as Exhibit B 28 a proposed QDRO, which Respondent asserts Petitioner refuses to sign. 29

1 5) On 3/25/26, Respondent filed a Proof of Service indicating Petitioner was served by mail on 2 3/25/26. 3 6) Petitioner did not file a Responsive Declaration. 4 B. Findings and Order 5 1) Respondent’s unopposed request for an order for Petitioner to sign the proposed QDRO attached 6 as Exhibit B to Respondent’s 3/25/26 Request for Order is GRANTED. 7 2) Petitioner shall sign the QDRO no later than 5/28/26 at 5 PM. 8 3) In the event Petitioner fails to sign the QDRO by 5/28/26 at 5 PM, the Court finds good cause to 9 appoint an elisor to sign the QDRO on Petitioner’s behalf. 10 4) Specifically, Court Executive Officer Brandon Riley is appointed as elisor. 11 5) Should Respondent need to obtain the signature of Mr.

Riley, Respondent shall contact the 12 Administrative Office in Room 205 at 415-551-5737 to schedule an appointment with Mr. Riley 13 to sign the QDRO. Respondent shall bring to the appointment the necessary documents requiring 14 signature and a file-endorsed copy of this order. 15 6) Counsel for Respondent shall prepare the Findings and Order After Hearing. 16 7) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 17 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 18 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 19 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 20 proposed order after hearing directly to the court.

Failure to submit the order after hearing within 21 10 days may allow the other party to prepare a proposed order and submit it to the court in 22 accordance with CA Rules of Court, Rule 5.125(d). 23

27

29