COUNTY OF SAN FRANCISCO, ) Case Number: FCS-09-344597
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Petitioner ) Hearing Date: February 22, 2018
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VS. ) Hearing Time: 9:00 AM
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JONATHAN STAENBERG, ) Department: 403
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Respondent ) Presiding: ROGER C. CHAN
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REQUEST FOR ORDER FOR ATTORNEY FEES AND COSTS, PER FC 271 & 203 REIMBURSEMENT PURSUANT TO 7.30.13 ORDER

TENTATIVE RULING

The matter is on calendar for Father’s Request for order of modification of child custody and Mother’s Amended Request for order for attorney fees and costs and enforcement of the 7/30/13 stipulation. The Court has read and considered the pleadings, declarations, and other evidence submitted in this matter. After full consideration of these matters, and for good cause shown, the Court makes the following findings and orders:

Regarding Mother’s Requests:

1. Mother’s request to enforce the 7/30/13 Stipulation and Order is GRANTED. The Stipulation and Order requires the parents to share all out-of-pocket medical, dental, and psychological costs with Father paying 70% and Mother paying 30%. Any psychological services for the minor child shall be agreed upon in writing in advance. Any medical and/or dental expense outside of routine visits shall also be agreed upon in writing in advance. Father is ordered to pay $11,803.65 to Mother for reimbursement of out-of-pocket expenses. The Court DENIES the request for reimbursement of $263.17 for Hair Fairies and $334.69 for UCSF (no supporting documentation).

2. Effective 2/13/18, the cost of tutoring, including Elisa Romero’s services, shall be borne by Mother alone because the monthly child support payment includes school-recommended tutors.

3. Father’s request to terminate the child’s therapy with Dr. Carnochan, or to make Mother solely responsible for costs, is DENIED. The child has been in therapy with Dr. Carnochan for over a year. Dr. Carnochan’s services were previously agreed upon. Father shall pay 70% of the costs pursuant to the 7/30/13 Stipulation and Order.

4. Father is ordered to pay $542 to Mother as reimbursement for the amount deducted from the child support payment without authorization.

5. Family Code Section 2030 does not apply as this is not a proceeding for dissolution of marriage.

However, pursuant to Family Code Section 7605, Mother’s request for attorney’s fees is GRANTED for legal services rendered or costs incurred in the amount of $12,589. The Court finds that there is a disparity in access to funds to retain counsel, and Father is able to pay for legal representation of both parties. Respondent/Father is ordered to pay attorney’s fees and costs in this legal proceeding in the amount of $12,589 to Other Parent/Mother. Payment is due in full on or before March 23, 2018.

6. Mother’s request for 271 sanctions based on an award of attorney’s fees and costs is GRANTED in the amount of $12,589. Father’s non-compliance with the 7/30/13 Stipulation and Order has frustrated the policy of the law to reduce the cost of litigation by encouraging cooperation between the parties and attorneys. The sanction is stayed because the Court has ordered attorney’s fees and costs pursuant to Section 7605.

7. Counsel for Mother shall prepare the order.

Regarding Father’s Requests:

1. Appearances are required.

2. Father’s request for a child custody evaluation is DENIED.

3. The Court adopts Dr. Heineman’s revised parenting plan, marked as Exhibit C attached to Respondent’s Request for Order filed on 12/14/17, with the following modifications:

a. Paragraph 9 is replaced with: “RS is free to make contact with the non-custodial parent at any time. (a) The non-custodial parent will continue to initiate calls (as was previously ordered). While calls may occur at any time when RS is available, the most consistently available time is during RS’s breakfast.”

b. The Court does not adopt the requirement for Our Family Wizard in paragraph 10.

c. The child’s individual therapy with Dr. Carnochan shall continue.

4. Father’s request for the child to travel unaccompanied for Seattle/SFO trips is DENIED.

5. The parents shall jointly agree to appoint a co-parent coordinator. The parties shall meet and confer regarding selection of the co-parent coordinator.

6. The Court orders a Tier 2 evaluation to receive information from Dr. Peter Carnochan, the child’s therapist, regarding increasing Father’s parenting time with the child.

7. The matter is continued for further hearing on Father’s request to modify the parenting time schedule.

8. Counsel for Father shall prepare the order.