Legal Question in Family Law in California

The court ordered preparation of an Order and Findings After The Hearing. It was prepared and signed by the Judge. The opposing party has now filed a Motion to Vacate the Order and Findings After The Hearing saying that it is not consistent with the Minute Order and contains false information. The attorney who prepared the Order and Findings After the Hearing says it is consistent with the what was said in court and that the clerk may not have reflected that properly on the Minute Order. He now wants me to pay him additionally to represent me at that hearing on the Motion to Vacate. Does this happen frequently? What should I do?


Asked on 10/03/12, 12:29 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I hope there was a court reporter present. If there was, the transcript from the court reporter should trump any minute order, because judge's clerks frequently make mistakes in preparing the minute orders. If there is a transcript, and the findings and order are accurate, have your attorney go after his fees from opposing counsel as sanctions pursuant to Family Code section 271.

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Answered on 10/03/12, 7:39 pm


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