Fisher, Jeff v. Fisher, Jennifer

The Motion is denied as to the Requests for Admissions, and Form Interrogatory Nos. 6.3, 7.1 and 7.2, the Court finding that Plaintiffs’ responses are code-compliant and sufficient.

The Motion is granted as to Form Interrogatory Nos. 6.4(d) [insufficient as the response does not answer the question posed], 6.7 [insufficient as to subdivisions (b) (the complaints for which the treatment was advised) and (c) (the nature, duration, and estimated cost of the treatment)], 12.6 [insufficient as to (b) [(he date and type of report made), and 17.1 [evasive and incomplete because it has been combined in a single response without specific reference to the Requests for Admission to which it applies]. Plaintiffs are ordered to provide further responses to the aforementioned Form Interrogatories, Set One, within fifteen days from the date of this hearing.

The Court finds that there has been no showing of ongoing and willful disobedience of a Court's discovery order nor blatant and ongoing abuse of the discovery process that rises to the level of discovery abuse to support terminating sanctions. As such, terminating sanctions are not warranted on this record. See, Liberty Mutual Fire Ins. Co. v. LcL Administrators, Inc. (2008) 163 Cal.App.4th 1093. Likewise, as to evidentiary sanctions, the Court similarly finds that such are not warranted here.

However, the Court awards additional monetary sanctions in the amount of $3,283, which are imposed jointly and severally against Plaintiffs and Plaintiffs’ counsel. The additional monetary sanctions shall be paid to Defendants’ counsel within thirty days. The Court will utilize the form of order submitted by counsel with modifications as noted herein.

11. 25CV00744 FISHER, JEFF V. FISHER, JENNIFER EVENT: Amended Motion for Stay of Enforcement Pending Appeal

As indicated in the Court’s prior ruling on June 10, 2026, while the notice period complied with Code of Civil Procedure §1005, the proof of service showing service by email on May 8, 2026, service was made on Defendant’s prior counsel – Leonard C. Hart Nibbrig. However, on May 6, 2026, Defendant filed a Substitution of Attorney wherein Mr. Nibbrig substituted out, and Defendant Jennifer Fisher, indicated she would be proceeding in pro per.

There is still no evidence that the Motion was served on Jennifer Fisher and the Court therefore continues this matter one last time to July 22, 2026 at 9:00 a.m. to allow for proper notice. Plaintiff Jeff Fisher is ordered to serve a copy of the Amended Motion with notice of the new hearing date on Defendant Jennifer Fisher, and file with the Court a proof of service. If the proof of service is not filed with the Court prior to the continued hearing date, the Motion will be denied. ///