| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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REQUEST FOR ORDER RE SPOUSAL OR PARTNER SUPPORT, ATTORNEY FEES AND COSTS, RETROACTIVE SUPPORT; FORENSIC ACCOUNTING FEES
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 SASHA ANGELA TAN-TORRES,) Case Number: FDI-25-801903) 7 Petitioner) Hearing Date: May 5, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 ADRIAN ELLIOTT HOUSE,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER RE SPOUSAL OR PARTNER SUPPORT, ATTORNEY FEES AND COSTS, 13 RETROACTIVE SUPPORT; FORENSIC ACCOUNTING FEES 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 in this matter are Petitioner Sasha Tan-Torres (Wife) and Respondent Adrian House 19 (Husband). The parties married on 11/15/2022 and while the parties disagree regarding their exact 20 date of separation, they agree they separated in the Summer of 2025, for a marriage of 2 years and 21 at least 6 months. The parties have no minor children. Wife is represented by attorney Brett 22 Berman. Husband is represented by attorney Arlette Argyris. 23 2) On for hearing is Wife’s Request for Order filed 12/16/2025.
Wife requests temporary spousal 24 support retroactive to the date the Petition for Dissolution was filed (9/10/2025), $70,000 in need- 25 based attorney’s fees, and $25,000 for forensic accounting fees. Wife states she supported 26 Husband for many years before marriage (before Husband became a “double board certified 27 plastic surgeon”) and that she cannot maintain their lavish marital standard of living on her 28 income alone. Wife states the parties started dating in February 2017 when Husband was a 29 medical resident.
The Court notes that Husband states he has been working as a self-employed
1 physician since 2021 (since before the parties married). Wife also states that while Husband pays 2 himself a salary, much of his income is maintained in the business. 3 3) Attached to Wife’s Request for Order is a declaration of Wife’s attorney. Wife’s attorney 4 estimates that Wife will incur an additional $10,330 to review the opposition pleadings, prepare 5 reply documents, conduct legal research, and prepare for and appear at the hearing. Wife’s 6 attorney also anticipates performing the following additional tasks: reviewing outstanding 7 discovery responses, possible meet and confer and / or motion to compel, numerous additional 8 client meetings and communications with Husband’s attorney, possible preparation of a global 9 settlement offer, and prepare for and attend trial if the matter does not settle. 10 4) On 12/12/2025, Wife filed an Income and Expense Declaration.
Wife states she is 35 years old 11 and has college and Masters degrees. Wife states she has been employed in business development 12 for Samara Aerospace since 6/16/2025. Wife states she earns $12,088 in gross per month. Wife 13 states she took the Samara Aerospace job “with a significant pay cut from my previous job (the 14 Court notes Wife previously worked at an engineering consulting firm) because Adrian said he 15 would support me, given all the prior years that I supported him.” Wife states she has $63,300 in 16 cash, $19,100 in investments, and $339,757 in 401(k) plans.
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Wife states her estimated monthly 17 expenses total $14,557, which includes $4,587 per month in payments towards credit card debts. 18 Wife lists $15,200 in credit card debt. Wife states she has paid her attorney $5,418 from her 19 savings to date and owes $0. Her attorney charges an hourly rate of $795. Her attorney’s 20 associates charge an hourly rate of $500 - $595. 21 5) On 12/12/2025, Wife filed a declaration of Jennifer Magnes, CPA. Ms. Magnes states she 22 estimates that Wife will incur $25,000 for Ms.
Magnes to prepare a report of gross adjusted 23 income available for support, prepare a community and separate property balance sheet, and any 24 other tasks which may be requested of her. 25 6) On 12/23/2025, Wife filed a Witness List stating she intends to present the following witnesses at 26 the 3/5/2026 hearing: Wife (1 hour of direct examination), Husband (1 hour of direct 27 examination), Wife’s attorney (15 minutes of testimony), and Jennifer Magnes, CPA (1 hour of 28 testimony). 29
1 7) On 2/20/2026, Husband filed a Responsive Declaration asking the Court to deny all of Wife’s 2 requests. Husband states the parties’ lifestyle was not lavish and that to the extent the parties 3 spent significant sums, it was Wife’s choice to do so. Husband states he is a plastic surgeon with 4 his own medical practice that is set up as an S-Corporation and he is a W-2 employee of the 5 corporation. Husband states he earns $13,346 in gross per month and owes half a million dollars 6 in student debt.
Husband states Wife’s request for $70,000 in attorney’s fees for a two and a half 7 year marriage is “completely unreasonable.” Husband states his attorney has provided Wife’s 8 attorney with all financial records, both personal and business related, but Wife has made no 9 attempts at settlement of this case. Husband states a forensic accountant is not necessary in this 10 case particularly where Wife has “retained counsel in Beverly Hills whose rate is nearly $800 per 11 hour, yet she needs an accountant to determine the community assets.”
Husband states he would 12 consider the possibility of a joint neutral expert to analyze certain financial aspects of the case but 13 Wife has not suggested that. 14 8) On 2/20/2026, Husband filed an Income and Expense Declaration. Husband states he is 37 years 15 old and has a college degree and a medical degree. Husband states he has been self-employed as a 16 physician since 7/1/2021. Husband states he earns $13,346 in gross monthly salary. Husband lists 17 no self-employment income. Husband states he has $67,112 in cash savings, $650,706 in 18 investments, and “minimal” personal property.
Husband states his monthly expenses total 19 $14,444.10. Husband states he owes $495,884 in student loans. Husband states he has paid his 20 attorney $20,889 to date and owes $0. 21 9) Per the Findings and Order After Hearing filed 3/19/2026, at the prior 3/5/2026 hearing, the Court 22 continued the hearing to 5/5/2026 due to both parties’ not complying with San Francisco Local 23 Rules 11.7(A)(2)(b) and (e) (requiring the parties to provide certain financial records) and 24 awarded Wife $25,000 in need-based attorney’s fees subject to reallocation at the 5/5/2026 25 hearing date. 26 10) On 4/10/2026, Wife filed an Income and Expense Declaration.
Wife states that she now earns 27 $12,500 in gross per month plus $200 per month in dividend / interest income. Wife states she 28 has $48,100 in cash, $19,048 in investments, and $344,049 in 401(k) plans. Wife states that her 29 estimated monthly expenses total $16,793, which includes $8,893 per month in payments towards
1 credit card debts. Wife lists $13,723 in credit card debt. Wife state she had paid her attorney 2 $38,040 using savings and owes $0. 3 11) On 4/13/2026, Wife filed a declaration of Jennifer Magnes, CPA. Ms. Magnes states that 4 Husband provided discovery response “less than a week ago” and she has not yet had an 5 opportunity to review it. However, based on Husband’s tax returns and W2, Ms. Magnes 6 estimates that Husband’s average monthly gross income available for support is at least $53,806. 7 Ms.
Magnes this is “without any adjustments for perquisites, non-recurring events, or any other 8 potential normalizing adjustments that would be necessary to prepare a full and thorough 9 analysis.” The $53,806 figure includes Husband’s salary of $13,347 per month, distributions to 10 himself of $154,229 in 2025, and the fact that Husband had $438,701 in his business bank 11 account at year-end in 2025 and that balance rose to $530,000 as of 4/1/2026. Ms. Magnes 12 included a proposed support calculation which shows that monthly guideline spousal support 13 payable to Wife is $9,712. 14 12) On 4/28/2026, Husband filed a Statement of Support Calculations.
Husband states that his 15 business is operating at a loss for the period 11/1/2025 – 4/1/2026. Husband states that while he 16 retains finds in the business, “these are retained for necessary operating expenses” including a 17 “Hyperbaric Chamber costing $50,000 and additional equipment will need to be purchased.” 18 Husband also states that he recently moved his practice, incurring significant costs. Husband 19 states that all of his “operating expenses and retention of funds for drugs, equipment, and other 20 necessities are clearly documented, verified, etc.”
Husband states that based on his salary of 21 $13,345 per month and Wife’s salary of $12,500 per month, temporary guideline spousal support 22 amounts to $0. 23 13) Husband lodged various financial records, which show the following: 24 a. Husband’s 2024 Profit and Loss Statement 25 i. Gross profit: $779,850 26 ii. Total expenses: $645,673 27 iii. Net income: $134,197 28 b. Husband’s 2025 Profit and Loss Statement 29 i. Gross profit: $1,433,571
1 ii. Total expenses: $954,549 (not including depreciation) 2 iii. Net income: $479,022 (not including depreciation) 3 c. Husband’s 2024 Tax Returns, which show distributions to Husband of $325,382 4 d. Husband’s 2025 Tax Returns, which show distributions to Husband of $154,229 5 e. Husband’s Profit and Loss for 11/22/2025 – 4/1/2026 6 i. Gross profit: $292,557 7 ii. Total expenses: $376,430 (not including depreciation) 8 iii. Net income: ($83,874) (not including depreciation) 9 f. Husband’s 2025 W2, which shows showing gross earnings of $160,160, which averages 10 out to $13,347 per month 11 g.
Husband’s paystub for pay period ending 4/10/2026 which shows biweekly gross pay of 12 $6,160, which averages out to $13,347 per month 13 B. Findings and Order 14 1) Base Temporary Spousal Support 15 a. Effective 9/10/2025, in accordance with the XSpouse calculation attached hereto and 16 incorporated herein, the Court hereby sets temporary spousal support at $0. 17 2) Smith / Ostler Spousal Support 18 a. Effective 9/10/2025, the parties shall pay Smith / Ostler spousal support for any income 19 they earn above their base salaries in accordance with the Bonus Reports, attached hereto 20 and incorporated herein.
The type of income from which the parties shall pay Smith / 21 Ostler spousal support includes bonus income and dividends and interest. Husband shall 22 also pay Smith / Ostler spousal support on any distributions he takes from HouseMD 23 Plastics. 24 b. The Court’s jurisdiction to award Smith / Ostler spousal support for any net income 25 earned from HouseMD Plastics that is not distributed to Husband as well as for 26 perquisites paid on Husband’s behalf by HouseMD Plastics for the period 9/10/2025 and 27 going forward is reserved, as the Court finds it needs additional information from the 28 parties to adjudicate this issue that cannot be resolved at a short-cause calendar.
The 29 parties shall meet and confer regarding this issue.
1 c. The parties shall engage in quarterly true-ups to determine Smith / Ostler spousal support 2 owed. Commencing 2026, no later than April 15th, July 15th, October 15th, and January 3 15th, the parties shall exchange documentation showing all income earned in the 4 immediately preceding 3 months. The parties shall thereafter meet and confer to 5 determine Smith / Ostler support owed between the parties, to be paid no later than April 6 30th, July 31st, October 31st, and January 31st. The true-up to occur by 7/15/2026 shall 7 encompass income earned between 4/1/2026 – 6/30/2026. 8 3) Smith / Ostler Spousal Support for the period 9/10/2025 – 3/31/2026 9 a.
The Court finds that Husband owes Wife $5,430 in Smith / Ostler support for the period 10 9/10/2025 through 12/31/2025 based on his distributions from HouseMD Plastics in 11 2025. This is based on the following. 112 days elapsed between 9/10/2025 through 12 12/31/2025, which represents 31% of the year. 0.31 x $154,229 (distributed to Husband 13 in 2025) = $47,811. According to the Bonus Report, Husband owes Wife $5,430 in Smith 14 / Ostler spousal support on this amount. 15 b. No later than 5/15/2026, the parties shall exchange documents evidencing all income 16 earned (and distributions taken by Husband) between 9/10/2025 through 3/31/2026 and 17 shall thereafter meet and confer to determine total Smith / Ostler owed for this period. 18 Smith / Ostler spousal support for 9/10/2025 – 3/31/2026 shall be paid no later than 19 5/31/2026. 20 4) Attorney’s Fees and Costs 21 a.
The Court finds based largely on the significant investment holdings of Husband that 22 there is a significant disparity in access to funds to pay attorney’s fees and costs. The 23 Court finds that Husband has the ability to pay for his own attorney’s fees and costs as 24 well as Wife’s. The Court finds good cause to award to Wife $65,000 for attorney’s fees 25 and costs (including forensic accounting fees), which the Court finds is a just, reasonable, 26 and necessary amount. This amount is being awarded to cover fees and costs incurred by 27 Wife through entry of final Judgment if the parties are able to reach a global settlement in 28 their case.
If a long-cause hearing is set in this matter, this Court’s jurisdiction to 29
1 augment this fee award is reserved. Husband shall pay this amount to Wife from his 2 separate property investment and cash holdings no later than 5/15/2026. 3 5) Wife’s attorney shall prepare the Findings and Order After Hearing. 4 6) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 5 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 6 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 7 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 8 proposed order after hearing directly to the court. Failure to submit the order after hearing within 9 10 days may allow the other party to prepare a proposed order and submit it to the court in 10 accordance with CA Rules of Court, Rule 5.125(d). 11
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