Legal Question in Family Law in California

Notice of Non-Response

I filed an OSC in Pro Per on the 15th of October regarding a modification of visitation with our child. On the 5th of November the other party filed a response and their own OSC. This past Monday, the 1st of December I filed my response to their OSC, along with my response to the response. Our court date is the 11th of December. On the same day I filed the responses, the other parties lawyer served me with a Notice of Non-Response stating that I failed to meet the filing deadline for filing my Response to their OSC. My questions are: 1) Did I miss the deadline? and, 2) Is this something common and/or allowed in family court? and, 3) Is there something I can do or file to keep my response from being stricken from the record?


Asked on 12/03/08, 12:58 pm

2 Answers from Attorneys
James Chau Law Offices James Chau

Re: Notice of Non-Response

You should mail them endorsed filed copies of your responses so you can show that you responded to the motion. You should file your responses as soon as possible if you have not yet though and include any relevant documents which will help your motion.

As always please contact a local attorney in your area before taking legal action.

Good luck!

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 12/05/08, 4:20 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Notice of Non-Response

Just make sure that opposing counsel has a copy of your response. In most cases, if s/he complains about lack of sufficient notice, the judge will continue the case. Most attorneys accept the response, even if it's late. Their clients usually don't want to pay them to show up in court on another day when it can be resolved without any real prejudice.

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Answered on 12/06/08, 2:54 pm


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