Temporary stay of property sale; Finding on date of separation
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 JOHN HOFMEYER,) Case Number: FDI-18-790640) 7 Petitioner) Hearing Date: May 28, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 GABRIELA HOFMEYER,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER: ESTABLISH DATE OF SEPARATION AS AUGUST 13, 2018; REQUEST 13 FOR ORDER TEMPORARY STAY OF PROPERTY SALE/SORT-SALE ACTIVITY 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
18 A. Petitioner’s Request for Order Filed 3/2/2026 19
20 1) On 3/2/2026, Petitioner John Hofmeyer filed a Request for Order asking the Court for a 21 temporary stay of enforcement of the provision within the Stipulation and Order filed 1/9/2024 22 concerning a short sale of the condominium located at 245 5th Street, Unit 201, San Francisco, 23 California. 24 2) On 4/15/2026, Respondent Gabriela Hofmeyer filed a Responsive Declaration asking the 25 Court to deny Petitioner’s requested relief. 26 3) On the Court’s own motion, the hearing on Petitioner’s 3/2/2026 Request for Order is hereby 27 continued to 6/23/2026 at 9:00 AM in Dept. 404 to join the hearing already set on that date 28 on a Petitioner’s related Request for Order filed 5/4/2026. 29
1 B. Petitioner’s Request for Order Filed 4/6/2026 2
3 1) On 4/6/2026, Petitioner filed a Request for Order asking the Court to make a finding that the 4 parties’ date of separation is 8/13/2018. 5 2) On 5/14/2026, Respondent filed a Responsive Declaration which states: “There is no actual 6 dispute regarding Petitioner’s proposed date of separation. However, the issue of date of 7 separation is ultimately a trial issue and is therefore not appropriate for determination through the 8 present hearing process. The parties could have resolved The parties could have resolved this 9 matter informally and without court intervention.
Because there is no contention requiring 10 immediate determination, judicial resources need not be expended on a separate hearing 11 regarding the issue. Accordingly, Respondent respectfully requests that the Court make a finding 12 adopting Petitioner's date of separation and vacate the presently scheduled hearing on this issue.” 13 3) The Court finds that the parties’ date of separation is 8/13/2018. 14
15 C. Preparation of Order 16
17 1) The Court will prepare the Findings and Order After Hearing. 18
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