Legal Question in Family Law in California
Does DA have same response time limits on Notice of Motion?
After a notice of motion has been filed and served upon the DA by an obligor and the matter has come before a commissioner on two occasions; can the DA then file a response or are they held by the same time constraints as if the roles were reversed? If no settlement is reached at these hearings, does the matter then go to an actual Superior Court trial?
1 Answer from Attorneys
Re: Does DA have same response time limits on Notice of Motion?
They filing of the response must be timely by both parties (including D.A.)before the hearing date, however your objection will be sustained based on court's discretion. Further, you may hav a judge hear your case at the Superior Court, if the case has been heard by a commissioner and before the start of the hearing you or your attorney inform the court of your objection of the court's ruling appearing pursuant to the applicable code of civil procedure code and make the appropriate objection at the end of the hearing (if the decision is unfavorable, of course). If you need a consultation you may contact my office at 310-839-7700.
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