Request for Attorney's Fees and Costs for Prevailing Party in DV Action
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 JASWINDER SINGH KHALSA,) Case Number: FDV-24-818060) 7 Petitioner) Hearing Date: June 16, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 SAT SANGAT KAUR KHALSA,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER FAM. CODE 6344 ATTORNEY'S FEES AND COSTS FOR PREVAILING 13 PARTY IN DV ACTION 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) The parties are Petitioner Jaswinder Singh Khalsa (Father) and Respondent Sat Sangat Kaur 19 Khalsa (Mother). They share 1 minor child: Quanyin Sofia Khalsa (DOB: 4/2/13). 20 2) On 12/3/24, Father filed a Request for Domestic Violence Restraining Order (DVRO). The Court 21 held a long-cause hearing on Father's request for DVRO on 9/9/25, 9/10/25, 11/10/25, and 22 12/29/25. 23 3) On 12/29/25, the Court granted Father’s DVRO request and issued a three-year Restraining Order 24 After Hearing (ROAH) against Mother, which included protection for the minor child.
See 25 ROAH file dated 1/14/26. 26 4) On 4/30/26, Father filed a Request for Order seeking $142,254.70 in attorney’s fees and costs 27 pursuant to Family Code section 6344 asserting that he should not have to pay to be protected 28 from his abusive partner. It is Father’s position that Mother has the ability to pay. Father states his 29 parents helped pay his legal fees and he intends to repay them. Father attaches as Exhibit 1
1 Mother’s Income and Expense Declaration (dated 2/3/26), indicating that her total monthly 2 expenses equal an estimated $9,231, which includes discretionary spending. Father attaches as 3 Exhibit 2 Mother’s home value posted on Zillow for $812,300. 4 5) On 4/30/26, Father filed a Memorandum of Points and Authorities in support of his Request for 5 Order. 6 6) On 4/30/26, attorney Courtney Glickman filed a declaration in support of Father's request for 7 attorney's fees and costs. 8 7) On 6/2/26, Mother filed a Responsive Declaration in opposition to Father Request for Order. 9 Mother asserts she cannot afford to pay Father’s legal fees, Father’s legal fees are excessive and 10 unreasonable, and she tried to settle with Father on multiple occasions to avoid litigation.
Mother 11 states she has significant state ($134,000) and federal ($495,210) tax liabilities on her home, no 12 income as of 3/30/26, and relies on loans from her own mother for living expenses (who she owes 13 $80,000). 14 8) On 6/2/26, Mother filed an updated Income and Expense Declaration in which she lists her total 15 monthly expenses as $6,145. 16 9) On 6/2/26, attorney, Kathleen L. Morgan, filed a declaration in opposition to Father’s Request for 17 Order, asserting that Father unnecessarily retained three attorneys to represent him.
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Mother’s 18 attorney states that Mother incurred $20,409 in legal fees for 10 hours at $250 an hour and has an 19 outstanding bill of $10,221.10. 20 10) On 6/3/26, Mother filed a Memorandum of Points and Authorities in support of her Responsive 21 Declaration. 22 11) On 6/9/26, Father and two attorneys, Jonathan S. Leo and Courtney Glickman, each filed Reply 23 Declarations in support of Father’s Request for Order, asserting that the case was more complex 24 than typical domestic violence proceedings because the issues presented involved the minor 25 child’s safety and emotional well-being.
Father states he initially tried to save costs by hiring his 26 own father, Jonathon S. Leo, to represent him; however, Mr. Leo lacked family law experience, 27 and ultimately Father hired two attorneys from Moradi Neufer LLP. Father disputes the financial 28 information Mother presented. 29
1 12) On 6/9/26, Father filed a Memorandum of Points and Authorities in support of his Reply 2 Declaration 3 B. Findings and Order 4 1) Father’s request for attorney’s fees and costs pursuant to Family Code section 6344 is DENIED. 5 2) The Court finds Father was the prevailing party in the DVRO matter at issue. 6 3) However, the Court cannot find that Mother has the ability to pay given her significant state 7 ($134,000) and federal ($495,210) tax liabilities, lack of income since 3/30/26, and reliance on 8 loans from her own mother for living expenses (who she asserts she owes $80,000). Mother’s 9 ability to pay is a required finding pursuant to 6344(c). 10 4) Based on the foregoing, the Court need not assess whether Father’s attorney’s fees and costs were 11 reasonable and necessary. 12 5) The Court will prepare the Findings and Order After Hearing. 13
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