Legal Question in Family Law in California
Mandatory mediation was March 18 2010, I agreed to take income tax obligation of community (I said was $120K petitioner said was $40K) in return for them stopping 4 years of discovery including names and address/phone numbers of clients of mine in the most confidential business you could imagine (I am a psychiatrist) After two hours off and on (we were there 4 hours, Judge took lots of breaks), a clerk came in with stenography machine, spent 5 minutes taking summation. Petitioner atty was ordered to draft "order after mediation". Weeks went by, I kept asking him for order, then two months later he wrote one, a week before mandatory mediation for fees was scheduled. His order states we settled "ALL MATTERS" I have alot of issues unresolved, including MY atty fees. Petitioners atty left on vacation the day he sent me the "Order after Mediation" so I could not discuss it with him per local or court rules, but I filed a crude objection before the ten day deadline was up. When we met for fees mediation, the judge brought the Petitioners order. When I asked him about a particular concern of mine, he answered "They say that was settled" as if he was relying on Petitioers version of events (it had now been 3 months since mediation) So the Judge signed Petitioner prepared ORDER AFTER MEDIATION but did NOT file it. Sometime mid August (5 months after mediation) he filed it but I was not notified: HOW LONG do I have to object to the Order he signed and what is it called when I object? Thankyou
3 Answers from Attorneys
It's called an appeal, if the order is appealable. The rule in these matters is if there is a conflict between the parties over preparation of an order after hearing, the court resolves the conflicts and the reporter's transcript trumps the parties' or their attorney's recollections.
Generally, an appeal must be filed at the earliest of either 180 days after the appealable order is entered, or sixty (60) days after the court or a party serves a document titled "notice of entry" on the affected party. Your attorney should have advised you of these issues.
Might be able to file a motion to set aside the order, explaining why. Or a motion for reconsideration. Should have an attorney review everything. Timothy is right, time to get a lawyer.