Motion to Compel Initial Response to Discovery Requests and Monetary Sanctions; Request for Need-Based Attorney’s Fees and Costs
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1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 ATIYEH GHOREYSHI,) Case Number: FPT-25-378651) 7 Petitioner) Hearing Date: April 30, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 SIRVAN MANHOOBI,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER: MOTION TO COMPEL INTIAL RESPONSE TO DISCOVERY REQUESTS 13 AND MONETARY SANCTIONS; REQUEST FOR ORDER RE: ATTORNEY'S FEES AND COSTS 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) Petitioner Atiyeh Ghoreyshi (Mother) and Respondent Sirvan Manhoobi (Father) are not married. 19 The parties have one minor child, Dylan (DOB: 12/11/2023). Mother is represented by attorney 20 Aylin Acikalin. Father is represented by attorney Aidin Okhovat. 21 2) On 8/27/2025, Mother filed a Request for Domestic Violence Restraining Order against Father. 22 The initial Temporary Restraining Order was denied. However, an amended Temporary 23 Restraining Order was filed on 10/1/2025 which issues an Order to Not Abuse against Father; 24 gives Mother temporary sole legal and physical custody of Dylan; and provides parenting time to 25 Father on Monday, Wednesday, and Thursday evenings. 26 3) The Court held long-cause hearings on Mother’s Request for DVRO and on custody and 27 visitation on 1/29/2026 and 2/13/2026.
A third afternoon is currently set for a long-cause hearing 28 on 5/21/2026. 29
1 4) Motion to Compel Discovery and for Sanctions 2 a. On for hearing is Father’s Request for Order filed 1/20/2026 asking the Court to compel 3 Mother to produce responses to his Request for Production of Documents and Form 4 Interrogatories. Father also seeks monetary sanctions in the amount of $3,367.75 under
5 Code of Civil Procedure section 2023.010 et seq. and 2031.300 for fees and costs 6 incurred to date and anticipated to be incurred for Father to bring this motion. 7 b. On 1/20/2026, Father filed a declaration. Father states that his Demand for Production of 8 Documents, Set One and Form Interrogatories, Set One were mailed and emailed to 9 Mother’s attorney on 9/17/2025. Father states that the responses were due 1.5 months ago 10 but no responses have been received. Father attached a copy of his Demand for 11 Production to his declaration. His production demand seeks information regarding 12 Mother’s earnings, assets, expenses, attorney’s fees incurred to date, the children’s health
13 insurance, and expenses related to the children. 14 c. On 1/20/2026, Father filed a Memorandum of Points and Authorities citing various 15 statutes in the Civil Discovery Act. 16 d. On 3/9/2026, Mother filed a Responsive Declaration and Memorandum of Points and 17 Authorities asking the Court to deny Father’s motion to compel and request for sanctions. 18 Mother argues that Father did not first seek good cause for discovery under Family Code 19 section 6309 prior to issuing discovery. 20 e. Father did not file a Reply Declaration.
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21 f. Father’s motion to compel was originally set to be heard in Dept. 405A before 22 Commissioner Rahim on 3/25/2026. However, the hearing was reset to 4/28/2026 in 23 Dept. 404 because of a non-stipulation to Commissioner Rahim. 24 5) Request for Need-Based Attorney’s Fees 25 a. Also on for hearing is Father’s Request for Order filed 2/9/2026 asking that the Court 26 award Father $53,839.75 in need-based attorney’s fees and $1,954.75 in costs under 27 Family Code section 7605. Father states that he has incurred $34,804.75 in fees and costs 28 to date and estimates that he will incur an additional $21,043.75 in this matter. 29
1 b. On 2/9/2026, Father’s attorney filed a declaration. Father’s attorney states that he has 2 spent 73 hours on this case to date. Father’s attorney attached a redacted copy of Father’s 3 invoices. Father’s attorney states that he has been practicing law for over 10 years and 4 has handled over one thousand family law cases of all difficulty levels. Father’s attorney
5 states that he has “never seen a litigant be as obsessive and litigious as Petitioner.” 6 Father’s attorney states that Mother’s attorney bombards his inbox with “insignificant 7 and condescending messages” and that it has gotten to a point that he cannot keep up with 8 the constant and excessive demands from Mother’s counsel. 9 c. On 3/10/2026, Father filed a second Request for Order seeking $53,839.75 in need-based 10 attorney’s fees and $1,954.75 in costs. Father and his attorney filed accompanying 11 declarations which are identical to the declarations filed in support of Father’s 2/9/2026 12 Request for Order.
13 d. On 4/17/2026, Mother filed a Responsive Declaration and Memorandum of Points and 14 Authorities asking the Court to deny Father’s request for fees. Mother states that Father is 15 engaging in aggressive litigation and intimidation and is receiving pro bono service from 16 a friend. Mother also states that she lived off her savings during a period of 17 unemployment between October 2024 and August 2025. She states further that she is 18 solely providing financially for their child and relies on her savings to pay for legal fees, 19 therapy, and for 100% of the parenting coordinator’s fees (which Mother agreed to pay in 20 an effort to reduce litigation costs). Mother notes that Father has not filed an Income and
21 Expense Declaration to date. Mother states that in his deposition on 9/29/2025, Father 22 stated under oath that his estimated income is between $45,000 and $55,000. Mother also 23 states that Father has 60 – 70 musical instruments worth a combined total of at least 24 $150,000. Mother also states that Father has no housing expenses as he stays in the guest 25 room of a relative. Mother also states that a fee award is premature and inequitable while 26 her request for DVRO is pending. 27 e. On 4/17/2026, Mother filed an Income and Expense Declaration. Mother states that she is 28 44 years old and that she is a Director of Machine Learning Engineering for Genentech. 29 Mother states that she earns on averages $28,928 per month as well as $3,500 per month
1 in rental income. Mother states that she has $20,000 in cash savings, $100,000 in 2 investments, and $400,000 in real property. Mother states that her monthly expenses total 3 $31,693 per month. Mother states that she has incurred $113,756 in fees to date using 4 savings and stocks and that she currently owes her attorney $20,000.
5 f. On 4/23/2026, Father filed a Reply Declaration and Memorandum of Points and 6 Authorities. Father denies having engaged in excessive litigation and states that he has 7 now filed an Income and Expense Declaration. 8 g. On 4/23/2026, Father filed an Income and Expense Declaration. Father states that he is 43 9 years old and that he is self-employed as a musician. Father states that he earns on 10 average $1,386 per month. He states that his income has changed within the past 12 11 months due to “cancelled events / concerts / sessions.” Father lists no cash savings or 12 investments and states that he owns $2,000 in real property. Father does not state that he
13 lives with anyone else, although he lists no housing expenses. He states that his estimated 14 monthly expenses total $4,580. Father states that he owes $12,200 in credit card debt and 15 owes $12,400 for a personal loan. Father states that he has paid his attorney $0 to date 16 and that he still owes his attorney “TBD.” 17 B. Findings and Order 18 1) The Court finds that Family Code section 6309 does not apply to Father’s Demand for Production 19 of Documents, Set One or Form Interrogatories, Set One. The Court has reviewed the discovery 20 requests and finds that they are related solely to Mother’s finances (which the Court finds is
21 relevant for purposes of attorney’s fees and child support) and do not seek information in support 22 of Mother’s Request for DVRO. In addition, the Court has reviewed the discovery requests and 23 do not find that they are harassing or overly burdensome. Mother missed the deadline to respond 24 to Father’s discovery requests. Therefore, all objections have been waived under Code of Civil 25 Procedure section 2031.300 and 2030.290. The Court finds good cause to award to Father 26 monetary sanctions under Code of Civil Procedure section 2030.290(c) and 2031.300(c). No later 27 than 5/15/2026, Mother shall pay to Father $2,500 in attorney’s fees sanctions. The Court hereby 28 orders Mother to produce code-compliant responses to Father’s Demand for Production of 29 Documents, Set One and Form Interrogatories, Set One, without objection, no later than
1 6/15/2026 at 5:00 PM. The Court is giving Mother additional time to respond to Father’s 2 discovery requests given that the hearing on her Request for DVRO has yet to conclude. 3 2) The Court finds good cause to continue the hearing on Father’s request for need-based attorney’s 4 fees to Tuesday, 7/21/2026 at 9:00 AM in Dept. 404, to follow the conclusion of the long-cause
5 hearing on Mother’s Request for DVRO, custody, and visitation. At least 20 calendar days prior 6 to the next hearing date, Father’s attorney shall file and serve a declaration (not to exceed 10 7 pages, not including exhibits) providing a more granular and detailed breakdown of the fees and 8 costs charged to Father to date, the tasks performed, and the amount of hours spent. Without this 9 information, the Court is unable to assess the reasonableness of Father’s request, and the Court is 10 currently unable to assess this information based on the heavily redacted invoices attached to 11 Father’s attorney’s declarations filed to date. Moreover, Father’s attorney shall specifically 12 remove all fees and costs incurred to defend against Mother’s Request for DVRO given that
13 Father’s request for fees is currently being brought under Family Code section 7605 and a fee 14 request under Family Code section 6344 has not yet been put at issue. At least 10 calendar days 15 prior to the next hearing date, Mother may file a declaration responding to Father’s updated fee 16 declaration. 17 3) Father’s attorney shall prepare the Findings and Order After Hearing. 18 4) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 19 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 20 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule
21 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 22 proposed order after hearing directly to the court. Failure to submit the order after hearing within 23 10 days may allow the other party to prepare a proposed order and submit it to the court in 24 accordance with CA Rules of Court, Rule 5.125(d). 25
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