Legal Question in Family Law in California

Order prepared incorrectly

Durig a hearing the judge made an order and asked opposing counsel to prepare . At the next hearing (a few days later) we were discussing the order (he had not signed yet) and told the judge that it was not prepared as he ordered. The judge says he recalls the topic being discussed, but does not remember what he said. Then said I am not changing the order from what I said last time, so we assumed it was going to be corrected, but he still signed the incorrectly prepared order.

The case has since/recently been transfered. -Thank God

What can we file to bring the transscripts of both hearings in to show the new judge this obvious error and get a corrected order. Would it be a OSC?

Thanks...


Asked on 3/26/08, 8:37 am

2 Answers from Attorneys
James Chau Law Offices James Chau

Re: Order prepared incorrectly

You should bring a transcript with you to correct the error in judges order. The transcript is your only evidence.

Law Offices of James Chau

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Answered on 3/27/08, 5:03 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Order prepared incorrectly

You need to bring a motion to set aside the order. The problem is that it appears you didn't do anything to stop him from entering the wrong order. But maybe I'm misreading you question.

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Answered on 3/31/08, 1:04 pm


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