Legal Question in Family Law in California

Disagreement over Judgment wording

The MSA that my attorney submitted to the court during what was scheduled as a settlement conference, was not the MSA that I signed. Ex has a motion to enter a Judgment (that he drafted), which incorporateds the MSA that I did not sign, which was nonetheless unfortunately presented to the court by my own attorney.

The record shows that my attorney specifically declared that he was submitting a SIGNED MSA. Later in the court transcript, the Judge announces that the version he has is unsigned. (However, my attorney said nothing.)

Clearly, a mistake has been made.

Ex is trying to push through his own version of a ''Final Judgment'' incorporating the unsigned MSA which was submitted to the court.

Not only does his version of the Judgment ''incorporate'' the wrong MSA, but the MSA he wants to be incorporated is vague and filled with mistakes.

I believe my best best is to motion to set aside based on mistake. 1) Mistake that the unsigned MSA was submitted instead of the signed version, and 2) Mistakes and vagueness within the unsigned MSA version that WAS submitted.

I would appreciate any help that anyone could send me about what to do next.

Thank you!


Asked on 7/24/06, 2:30 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Disagreement over Judgment wording

You should talk to your attorney about correcting this situation. If your attorney is not willing to correct the judgment then get a second opinion from another attorney. Move quickly the longer it takes for you to act the less likely you are to be successful.

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Answered on 7/25/06, 1:56 am


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