Sarah Nadreau v. Nicholas Karambatsakis
Request for Order: Attorney Fees and Costs; Request for compliance with Judgment
Motion type
Monetary amounts referenced
Parties
Attorneys
Ruling
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 SARAH NADREAU,) Case Number: FDI-24-799263) 7 Petitioner) Hearing Date: September 10, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 NICHOLAS KARAMBATSAKIS,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER: ATTORNEY FEES AND COSTS, PLEASE SEE #7 FOR OTHER ORDERS 13 REQUESTED; REQUEST FOR ORDER RE ATTORNEY FEES AND COSTS 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) Petitioner Sarah Nadreau (Wife) married Respondent Nicholas Karambatsakis (Husband) on 19 8/4/2020. Wife contends the parties separated on 12/15/2023, for a marriage of 3 years and 4 20 months. Husband did not file a Response to the Petition and his position on the date of separation 21 is unknown. The parties do not have minor children. Wife is represented by attorney Melissa 22 Polk. Husband is represented by attorney Amrit Kullar. 23 2) On 11/20/2024, a Stipulated Judgment was entered which terminates the Court’s jurisdiction to 24 award spousal support to either party and divides the parties’ community property.
The Judgment 25 also provides, “The Respondent (Nicholas) will spearhead the research and acquisition of a 26 religious annulment through the Greek Orthodox Church. The Petitioner (Sarah) agrees to 27 provide any or sign any pertinent documentation thereof (provided that all documentation is 28 truthful and accurate). Both the Petitioner and Respondent will each share 50% of the financial 29 burden for any legal or professional fees associated with the acquisition of this religious
1 annulment, up to $485 or $242.50 each. If the overall costs exceed the amount of $485, the 2 Respondent will cover the remainder without contribution from the Petitioner.” 3 Wife’s 5/19/2026 Request for Order 4 3) Now on for hearing is Wife’s Request for Order filed 5/19/2026. Wife states that although 5 Husband has stated he has begun the process of obtaining an annulment through the Greek 6 Orthodox Church, Husband refuses to provide documentation proving that he has started the 7 process because the Judgment does not require him to do so.
Wife asks the Court for orders for: 8 a. An order that Nicholas, be ordered to comply with the Judgment of Dissolution, 9 specifically Attachment FL-345 #7, requiring him to spearhead and complete the Greek 10 Orthodox religious annulment of the parties’ marriage; 11 b. An order that Nicholas be ordered to complete all necessary steps required to obtain the 12 Greek Orthodox religious annulment within 60 days of the Court’s order; 13 c. An order that Nicholas be ordered to provide me with verifiable written proof that the 14 annulment has been completed, including official confirmation from the appropriate 15 Greek Orthodox Church authority; 16 d.
An order that Nicholas be ordered to provide within 15 days, all documentation 17 demonstrating the status of the annulment process, including but not limited to copies of 18 applications submitted, proof of submission, receipts and invoices and any documents 19 reflecting status and expected timeline; 20 e. An order that Nicholas be ordered to pay my attorney’s fees and costs in the amount of 21 $5,000, pursuant to Family Code Section 271, 2030, and 2032 on his failure to comply 22 with the Judgment and the necessity of bringing this motion. 23 4) On 5/15/2026, Wife’s attorney Melissa Polk filed a declaration stating that Wife has paid $5,000 24 in attorney’s fees and costs to date to create the case file, review Wife’s documents, review the 25 Judgment, advise Wife, and prepare the moving papers for Wife’s request. 26 5) On 5/15/2026, Wife filed a Memorandum of Points and Authorities citing Family Code sections 27 271 and 290, Code of Civil Procedure section 128(a), and supporting case law. 28 6) On 5/15/2026, Wife filed an Income and Expense Declaration.
Wife states she is a Tenured Opera 29 Chorister for the San Francisco Opera. Wife states she works 35 hours per week and earns $8,087
1 per month. In later declarations, Wife states her work is seasonal and she only works nine months 2 out of the year for the opera. In her off months, she uses her savings and supplements her income 3 with teaching jobs. Wife states her estimated monthly expenses total $4,287, of which $1,000 is 4 paid by others. Wife states she has $21,313 in cash savings and $48,825 in personal property. 5 Wife states she owes $47,362 in student debt. Wife states she has paid her attorney $5,000 to date 6 using money loaned by a friend. 7 7) On 6/22/2026, Husband filed an Income and Expense Declaration.
Husband states he works as a 8 Project Coordinator for Bonneville Labs, LLC. Husband states he works 40 hours per week and 9 earns $7,083.33 per month. Husband states his monthly expenses total $5,751, of which $2,000 is 10 paid by others. Husband states he has $192,910 in cash savings, $229,490 in easily saleable 11 investments, and $20,000 in personal property. 12 8) On 8/12/2026, Husband filed a Responsive Declaration asking the Court to deny all of Wife’s 13 requests and grant him $2,500 in Family Code section 271 attorney’s fees sanctions.
Husband 14 states he immediately began researching the process to obtain a Greek Orthodox annulment 15 following entry of the Judgment. Husband states he spoke to family members in Greece, 16 individuals familiar with the Greek legal and ecclesiastical systems, spoke with clergy members, 17 and pursued multiple avenues for locating counsel in Greece. Husband states it took him several 18 attempts to secure legal representation in Greece. Husband also states he does not speak Greek 19 fluently and so many communications had to be facilitated through family members.
Husband 20 states he incurred $3,515.70 to date associated with notarization services, apostilles, translations, 21 preparation of powers of attorney, attorney certifications, Greek administrative requirements, 22 court filings, and shipment of documents to Greece. Husband states that on 5/21/2026, the Court 23 of First Instance of Athens accepted the matter and has scheduled a hearing for 11/12/2026 24 concerning recognition of the parties' United States divorce. Husband states that once the hearing 25 date was confirmed, he “promptly” informed Wife.
Husband attached to his Responsive 26 Declaration an email to Wife dated 6/8/2026 wherein he states, “I received notice from my 27 attorney in Greece that the court hearing for recognition of the U.S. divorce is scheduled for 28 November 12th. I’ve also been advised that it will likely take approximately 3–4 months after the 29 hearing for the judgment to be finalized, which is necessary before the church can proceed with
1 the annulment process. As mentioned in my earlier communications, I’ll reach out again once that 2 step has been completed or if anything materially changes before then. Given the current timeline, 3 the next update will likely be in early 2027.” Wife responds, “Can you please provide me with the 4 supporting documentation?” Husband also attached to his Responsive Declaration emails between 5 the parties dated 7/7/2025 through April 2026 discussing the annulment process, what Husband 6 had been doing to date, Wife’s requests for documents showing Husband’s progress, and 7 Husband’s response on 4/2/2026 of, “I’m not refusing to share the receipts; I’ve already 8 confirmed that I will provide the relevant receipts once the progress is complete, in line with our 9 agreement and the timing of payment.
There isn’t a requirement for interim sharing of 10 documentation, so I’ll continue with that approach and provide updates at the milestones 11 previously outlined. If anything time-sensitive comes up that requires your input, I’ll reach out.” 12 Husband also attached documents to his Responsive Declaration showing the steps he has taken 13 to date and the payments he has made to work on this issue. 14 9) On 8/12/2026, Husband’s attorney Amrit Kullar filed a declaration arguing that Husband has 15 acted in good faith to comply with the Judgment. 16 10) On 8/12/2026, Husband’s mother Maria Karambatsakis filed a declaration attesting to the efforts 17 Husband has taken to work on the annulment issue. 18 11) On 8/12/2026, Husband’s psychiatrist Riana Chagoury-Leake, PsyD filed a declaration attesting 19 to the worry and emotional strain the process of obtaining an annulment has had on Husband. 20 12) On 8/12/2026, Husband filed a Memorandum of Points and Authorities. 21 Husband’s 6/23/2026 Request for Order 22 13) Also on for hearing is Husband’s Request for Order filed 6/23/2026 seeking $10,000 in need- 23 based attorney’s fees and costs under Family Code sections 2030 and 2032. 24 14) On 6/23/2026, Husband’s attorney Amrit Kullar filed a declaration.
Mr. Kullar states that 25 Husband has incurred $3,366.50 in attorney’s fees and costs thus far and anticipates Husband’s 26 fees and costs will exceed $10,000 to resolve the pending issues. 27 15) On 8/18/2026, Mr. Kullar filed an amended declaration stating Husband paid him a $4,000 28 retainer and he continues to expect Husband’s fees and costs will exceed $10,000 to resolve the 29 pending issues.
1 16) On 8/20/2026, Wife filed a Responsive Declaration asking the Court to deny Husband’s request 2 for need-based fees and an order requiring Husband to provide her with documentation showing 3 the steps he has taken to comply with the Judgment. Wife states that it is actually Husband who 4 has greater resources with which to pay legal fees. 5 17) On 8/20/2026, Wife filed a Memorandum of Points and Authorities. 6 18) On 9/1/2026, Husband filed a Reply Brief. 7 B. Findings and Order 8 1) Wife’s request for an order that Husband be ordered to comply with the Judgment of Dissolution, 9 specifically Attachment FL-345 #7, requiring him to “spearhead and complete” the Greek 10 Orthodox religious annulment of the parties’ marriage is denied.
The Judgment requires Husband 11 to “spearhead the research and acquisition of a religious annulment.” The Court finds that 12 Husband is already in compliance with this provision and is making good faith efforts to obtain a 13 Greek Orthodox religious annulment. 14 2) Wife’s request for an order that Husband be ordered to complete all necessary steps required to 15 obtain the Greek Orthodox religious annulment within 60 days of the Court’s order is denied. The 16 Court finds that Husband does not have complete control over when this process will be 17 completed. 18 3) Wife’s request for an order that Husband be ordered to provide her with written proof that the 19 annulment has been completed, including official confirmation from the appropriate Greek 20 Orthodox Church authority, is granted, albeit with slight modifications as follows.
Within 10 days 21 of the annulment process being completed (however that term is defined for Greek Orthodox 22 religious annulments), Husband shall promptly provide to Wife documentation proving that the 23 annulment has been completed. 24 4) Wife’s request for an order that Husband be ordered to provide within 15 days, all documentation 25 demonstrating the status of the annulment process, including but not limited to copies of 26 applications submitted, proof of submission, receipts and invoices and any documents reflecting 27 status and expected timeline, is denied.
The Court directs Wife to the documents attached to 28 Husband’s Responsive Declaration filed 8/12/2026. 29
1 5) Wife’s request for an order requiring Husband to pay Wife’s attorney’s fees and costs in the 2 amount of $5,000, pursuant to Family Code Section 271, 2030, and 2032, based on his “failure to 3 comply with the Judgment and the necessity of bringing this motion” is denied. The Court does 4 not find good cause to award Wife attorney’s fees sanctions under Family Code section 271. The 5 Court also does not find that the fees incurred by Wife were just, reasonable, and necessary, as 6 the Court finds that Husband did keep Wife reasonably updated regarding the steps he was taking 7 and the Judgment does not require him to provide documentary proof of his statements. 8 6) Husband’s request for Family Code section 271 attorney’s fees sanctions is similarly denied. 9 Although Husband was under no obligation to provide documentary proof of the steps he has 10 taken to obtain an annulment, Husband could easily have provided some documentation to 11 provide reassurances to Wife and his unwillingness to do so was not reasonable. 12 7) Husband’s request for need-based attorney’s fees is also denied.
The Court does not find that 13 Wife has greater access to funds with which to pay legal fees. 14 8) Wife’s attorney shall prepare the Findings and Order After Hearing. 15 9) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 16 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 17 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 18 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 19 proposed order after hearing directly to the court.
Failure to submit the order after hearing within 20 10 days may allow the other party to prepare a proposed order and submit it to the court in 21 accordance with CA Rules of Court, Rule 5.125(d). 22
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