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) Clerk came in with stenography machine, spent 5 minutes taking summation. Petitioner atty was ordered to draft "order after mediation" Two months later he did, it states we settled "ALL MATTERS" I have alot of issues unresolved, including atty fees. They now say all is done, sent me a STIPULATION AND WAIVER OF FINAL DECLARATION OF DISCLOSURE to sign. Judge signed Petitioner prepared ORDER AFTER MEDIATION Aug 5 2010 HOW LONG do I have to object to Order he signed and what is it called when I object? Thankyou.


Asked on 8/22/10, 3:16 pm

3 Answers from Attorneys

You missed your chance to object. Your chance to object to the form of the order was before the judge signed it. Without seeing the case file and order I can't tell if you need to move for reconsideration, move to set aside a judgment or appeal. You are proof once again of the old saying that if you can't afford an attorney, you must be able to afford to lose the case. If you read my past answers, especially in family law, you will see I point people to self-help resources whenever possible. This is not one of those times. Call me or another attorney ASAP or risk losing any right you may have to get this corrected.

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Answered on 8/27/10, 3:30 pm
James Bame San Diego Law Office

You may have to move to set aside judgment. Contact me directly.

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Answered on 8/27/10, 4:01 pm
Anthony Roach Law Office of Anthony A. Roach

I don't do my own psychiatry. You shouldn't have been your own lawyer.

If someone propounded discovery to me, to get my client's records for third parties, I would object and seek a protective order. They would get sanctioned. It is no reason to back down and agree to a settlment that you are now unhappy with.

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Answered on 8/27/10, 7:12 pm


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