Legal Question in Family Law in California

Default

I prevailed in a family law proceeding. My attorney was ordered to complete the final judgment. My attorney failed to complete the judgment within the required period. The opposing attorney drafted his version of the judgment and submitted it to the court and my attorney. My attorney failed to object to his version of the judgment.The judgment apparently stands becasue my attorney defaulted. What can I do about this situation?


Asked on 7/11/02, 3:41 am

2 Answers from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Default

Mr. Kremer is correct. There are some questions to be answered. I have to assume the matter was a divorce, in which case the order can be modified and you may be able to get some redress from your first attorney. You should consult another lawyer to thoroughly explore your options.

Thank you for your question and good luck-Martin

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Answered on 7/12/02, 12:47 pm
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Default

That is not a whole lot of info. If you "prevailed" at the hearing, there is no default. If the judgment as drafted is not accurate, you should order the transcript and look at the court's minute order in the court file. If you are right about the error, you would file a CCP 473 motion to correct the error.

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Answered on 7/11/02, 11:00 am


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