Legal Question in Family Law in California

A violation of constitutional rights?

I am going through a divorce and my soon to be ex agreed to let me buy her out of the marital residence during a settlement confrence. Then while I was working out of town she had an exparte hearing claiming the house was in foreclosure and wanted to secure her intrest and sell the property. My attorney appeared and it was scheduled for a hearing, When I appeared my attorney substituted off the case, I asked for a one day continuance to obtain counsel which was refused. I was ordered to bring in a letter from the lender which I did and the Judge still gave possession and use to respondent. Shouldn't I have been allowed legal representation as a constitutional right?


Asked on 3/29/02, 10:43 am

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: A violation of constitutional rights?

Not so much a violation of right to counsel, since this is not a criminal matter. However possibly a violation of right to due process. Did you or your then atty have 21 days notice before the hearing? If not, was there an order shortening time for service and/or hearing?

If the answers to the 3 questions are all "no", there was a violation of CCP 1005 and the 14th Amendment.

Read more
Answered on 3/29/02, 7:51 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California