Legal Question in Civil Litigation in California

Judge demands compliance with error
After a 664.6Oral Stipulation on Rcd, plaintiff Atty B 'mistakenly' mailed JudgmentJ#1)containing unstipulated items to the Judge who signed it'erroneously.'Several unstipulated items include me as party in the 664.6 case(which I was not part of).I wanted to correct J#1 to clear my record,but the cross-plaintiff Atty C insists J#1 is void because it was amended(though for more than tech errors) but AttyB 'forgot' to simultaneously Vacate J#1 which Atty C overlooked.Six months later, Atty B files a J#3 to exploit a term in J#1(not 664.6). ''Atty C insists that J#1 is void,but how can I ensure that my name and reputation are cleared regarding J#1 which the Judge, Attys B & C all call a mistake. Do Judges make parties obey mistakes? Should I try to Vacate J#1 to get myself disassociated from this case which the plaintiff dragged me into merely because I am a friend of the cross-plaintiff? Atty B wrote me a letter admitting his mistake and stating that he would be setting aside J#1 simultaneously with his filing of his AJ#2, but he failed to do it, and I'm not so sure that J#1 is really void since he uses it to file motions against the cross-plaintiff.

Asked on 7/24/04, 3:19 am

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

0 users found helpful

0 attorneys agreed

Re: Judge demands compliance with error

The judgment should be vacated. Call me directly at (619) 222-3504.

Answered on 7/24/04, 6:24 pm

Mark as helpful

Larry Rothman Larry Rothman & Associates

0 users found helpful

0 attorneys agreed

Re: Judge demands compliance with error

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, the lawsuit, the transcript of the 664 Motion, and any post motion filings as well as the original and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

Answered on 7/31/04, 9:08 pm

Mark as helpful