FISHER, JEFF v. FISHER, JENNIFER

Judge Mosbarger – Law & Motion – Wednesday, September 2, 2026 @ 9:00 AM TENTATIVE RULINGS

1. 24CV02857 PLATTS, TOBIAS, II ET AL v. JOHNSON, MARK ET AL EVENT: Defendants’ Motion for Sanctions for Failure to Comply with the Court’s July 1, 2026 Order Compelling Further Discovery Responses; Request for Terminating and Monetary Sanctions

Defendants’ Mark Johnson; Ceres Plaza Apartments; Ceres Plaza Apartments, LP; and RSC Associates, Inc. (collectively “Defendants” herein) Motion for Sanctions for Failure to Comply with the Court’s July 1, 2026 Order Compelling Further Discovery Responses; Request for Terminating and Monetary Sanctions is unopposed and is granted in its entirety.

Pursuant to Code of Civil Procedure §§2023.030(a), and 2030.300(e), the Court awards additional monetary sanctions of $3,000 against Plaintiffs Tobias Platts, II; Kishuante Platts; A-Zarrah Platts, a minor by Kishuante Platts as guardian ad litem; A-Zmonni Platts, a minor by Kishuante Platts as guardian ad litem (collectively “Plaintiffs” herein) and Plaintiffs’ counsel Ilan N. Rosen Janfaza/Law Office of Ilan N. Rosen Janfaza, A.P.C., jointly and severally, which are to be paid within thirty days’ of this hearing.

Additionally, the Court finds that there has now been a showing of ongoing and willful disobedience of this Court's discovery orders and blatant and ongoing abuse of the discovery process that rises to the level of discovery abuse to support terminating sanctions. See, Liberty Mutual Fire Ins. Co. v. LcL Administrators, Inc. (2008) 163 Cal.App.4th 1093.

As such, terminating sanctions are warranted on this record, and the matter is ordered dismissed.

The Court vacates the following dates: September 11, 2026 – Mandatory Settlement Conference; October 8, 2026 – Trial Readiness Conference; and October 12, 2026 – Jury Trial, and sets this matter for a Status Conference on October 14, 2026 at 10:30 a.m. for status of dismissal.

Counsel for the Defendants shall prepare and submit a form of order consistent with this ruling within two weeks.

2. 25CV00744 FISHER, JEFF v. FISHER, JENNIFER EVENT: Amended Motion for Stay of Enforcement Pending Appeal

Based upon the Court’s Orders of June 10, 2026, July 1, 2026, and August 6, 2026, Plaintiff Jeff Fisher was ordered to serve a copy of the Amended Motion on Defendant Jennifer Fisher, and file with the Court a proof of service.

The Court has received no such proof of service and the Motion is denied. ///

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