Legal Question in Family Law in California

Regarding family law in CA, I wonder whether the court can delay ruling for one year and mail the order prior to new hearing set for the same issue filed by the other party as it was not ruled for one year.

My right to file objection to the other party's OSC was deprived as the court ruled one month before new hearing was set.

In 2009 there were ordered mailed to me except for the above matter thogh the matter was heard on the same day. Now the court says;

I MADE A RULING ON A PRIOR O.S.C. FILED BACK IN JULY '09. OKAY.

SO TODAY IS THE HEARING ON ORDER TO SHOW CAUSE, FILED, JULY 10, 2010. IT PURPORTS TO MODIFY A NOVEMBER 2009 ORDER. BUT IN THE MEANTIME, MY RULING ON THE SUBMITTED MATTER ON THE JULY 2009 O.S.C. CAME OUT.

There is new circumstance to change this order but the court denied it saying that I could have filed it ealier which is totally non cense. How can I predict the new circumstance?

Is there authority for me to object with to above ruling procedure? I filed set aside order but it was denied. Is there any other way to resolve this issue other than just appeal?


Asked on 5/26/11, 10:09 am

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

There is authority that new facts are sufficient to renew a motion. However it sounds as if the judge doesn't like you and no matter what you do you're not going to get the court to reconsider its prior decision. You should probably just appeal if it is denied again.

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Answered on 6/21/11, 8:37 pm


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