Change of Modify Method of Enforcement of Attorney Fees
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 RUSSELL OLEVSKY,) Case Number: FDI-22-797024) 7 Petitioner) Hearing Date: May 12, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 JONATAS DE PAULA OLIVEIRA,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER: CHANGE OF MODIFY METHOD OF ENFORCEMENT OF ATTORNEY 13 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 are Petitioner Russell Olevsky and Respondent Jonatas De Paula Oliveira. 19 2) On 9/16/25, Petitioner filed a Request for Order asking the Court to issue a Writ of Execution 20 seeking to collect $10,814.84 in attorney’s fees pursuant to the Court’s 1/23/24 order (filed 21 1/27/24).
Petitioner states the award became due thirty days after the Mandatory Settlement 22 Conference on 5/24/24 and is payable at a rate of $300.41 monthly. Petitioner asserts he only 23 received three payments of $300.41. Petitioner requests the Court issue a Writ of Execution for a 24 total of $11,529.66 (total $10,814.84 attorney’s fee award + $1,616.05 in interest – $901.23 paid) 25 to prevent having to repeatedly come to Court to collect these fees. Attached as Exhibit 2 is a 26 proposed Writ of Execution. 27 3) At the prior 11/25/25, the Court continued the hearing to 2/17/26 for lack of service. 28 4) On 12/8/25, Petitioner filed a Proof of Service indicating Petitioner’s 9/16/25 Request for Order 29 was served on Respondent by mail on 12/8/25.
1 5) Respondent did not file a Responsive Declaration. 2 6) At the prior 2/17/26 hearing, the Court made a finding that Respondent owes Petitioner $4,206 in 3 unpaid monthly attorney’s fees as of 2/17/26 plus $362.61 in legal interest for a total of $4,568.35 4 owed and therefore granted Petitioner’s request for a Writ of Execution pursuant to Family Code 5 section 290 in the amount of $4,568.35. 6 7) On 2/24/26, Respondent filed a Request for Order seeking modification of the attorney fee award 7 to an affordable amount or a fixed monthly payment plan or, in the alternative, a temporary stay 8 on the Writ of Execution.
Respondent states that he is undergoing treatment for diagnosed heart 9 failure, which requires regular medical care and medications. Respondent asserts that the Writ of 10 Execution has created an undue hardship and interfered with his ability to meet his medical 11 expenses. Respondent alleges that Petitioner sent his employer communications accusing 12 Respondent of criminal conduct, which put his employment at risk. Respondent attached an 13 Income and Expense Declaration and receipts for prescriptions and other bills.
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Respondent also 14 attached emails that appear to be from Petitioner to Respondent’s employer. The matter was set 15 for hearing on 5/12/26. 16 8) On 4/17/26, Petitioner filed a Responsive Declaration in opposition to Respondent’s Request for 17 Order. Petitioner asserts that Respondent did not present documentary evidence of his medical 18 diagnosis and requests Respondent be sanctioned $1,400 and declared a vexatious litigant. 19 Petitioner asserts that the allegations regarding emails to Respondent’s employers were contained 20 in a Request for Domestic Violence Restraining Order that was previously dismissed with 21 prejudice. 22 9) On 4/17/26, Petitioner filed an Income and Expense Declaration. 23 B.
Findings and Order 24 1) Respondent’s request for modification of the attorney fee award or a fixed monthly payment plan 25 or, in the alternative, a temporary stay on the Writ of Execution is DENIED. The Court does not 26 find that Respondent sufficiently established an inability to pay based on the income and 27 expenses listed in his Income and Expense Declaration attached to his Request for Order – which 28 shows that Respondent earns $1,407.83 per month more than his average monthly expenses – and 29 the lack of documentary evidence corroborating the factual basis for his request.
1 2) Petitioner’s request for $1,400 in sanctions is DENIED. 2 3) Petitioner’s request for the Court to declare Respondent a vexatious litigant is DENIED without 3 prejudice. The Court finds that Respondent’s actions have not risen to the level of vexatious 4 litigant under Code of Civil Procedure section 391 subsections (b)(2), (b)(3), and (b)(5) at this 5 time. 6 4) The Court will prepare the Findings and Order After Hearing. 7
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