Legal Question in Family Law in California

Forcing A Court Date

I live 400 miles from my son and his mother. I filed for a hearing dated in May 1999. I appeared In Pro Per, and she appeared, but her attorney did not. The hearing was rescheduled to July 1999. Her attorney sent me a letter stating that she would not be able to make it due to an ear surgery scheduled the day before the hearing date. Neither of us appeared and the hearing was taken off calendar. Her attorney made an attempt to bring the matter back on calendar, but according to him, the clerk did not file the paperwork properly at the courthouse. Now I am ready to file again [November 1999], but I want to make certain that she and her attorney can't play these games. Four hundred miles is a long way to drive to find that we have to reschedule. What can I do to make sure that regardless of circumstance, the case will be heard, and that in her absence, the case will be defaulted?


Asked on 11/24/99, 6:24 pm

2 Answers from Attorneys
Michael Gray Barber & Gray, LLP

Re: Forcing A Court Date

There is no guarantee your case will be heard, but if you explain to the judge was has happened before, you can ask for, and probably get, sanctions if it happens again.

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Answered on 11/29/99, 7:04 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Forcing A Court Date

As Mr. Gray stated there is nothing you can do to guarantee that the hearing will occur on a specified date. There are however, some steps you can take to increase the probability of the hearing occuring on scheduled date.

1. contact the court clerk and find when the court is presently setting matters for hearing. Then call the attorney for your ex and clear a date with him. If he refuses to cooperate by stalling, not answering the telephone or returning calls set a date. Then put this information in the declaration supporting your motion.

2. when you appear in court, if the ex or her attorney requests a continuance, make sure the judge knows the steps you have taken to ensure that the ex and her attorney would be available for the hearing and the costs you have incurred to attend that hearing.

3. also tell the judge how many times that you have come to court for a hearing on this matter.

4. explain the reason that you did not appear at the last hearing, and the attorney's statement that the court clerk made a mistake with the paper work.

If it appears that the court will grant the continuance, ask that the court order the ex to pay your costs of traveling to the hearing.

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Answered on 11/30/99, 1:43 am


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