Legal Question in Real Estate Law in California

Without knowing what the hearing was about, it is impossible to say what would happen if you do not show up. An order to show cause (OSC) hearing is similar to a motion hearing, so it could be about almost anything in the case. The only difference is that on a motion, the moving party carries the burden of making a case for the order they want, and the responding party only needs to rebut that case if the moving party makes a prima facie showing of entitlement. In an OSC the subject of the moving party's request is presumed to be granted, and the responding party has the initial burden of showing why the order should NOT be issued. The most common OSC in civil litigation, however, is for contempt of court. If you were under some order in the case, most likely regarding failure to respond to discovery or to provide additional discovery, and you failed to comply with the order, an OSC re: contempt would issue. If that is what is going on, and you do not show up, there is a decent likelyhood your case will be thrown out, and there is a possibility you will be fined or even given jail time (usually suspended in favor of community service). So you really need to find another attorney immediately.

"Jail time or community service"? I don't think so.

According to your question, this is about your civil case you filed against the lender. An OSC means the court is ready to toss your case unless you prosecute it. The worst that could happen is that you lose, and possibly you would have to pay the defendant's filing fee or other court costs. Nobody is going to jail, no way, nohow. But of course you would need another attorney; or if this is not economical, you will have to settle or dismiss the case.

This economy would be a great sitcom if it weren't so sad. You (and thousands of others) have lost your jobs and can't pay your mortgages. You'd all like to sue somebody, and the lawyers would be glad to help, but they're all in bankruptcy court, as debtors, because prospective clients don't have money to hire them. Meanwhile, the courts are laying off clerks and bailiffs because they're flat broke as well.

Judges have been dismissing cases recently for non-shows. Contact me directly.

Are you in California state court, or Federal (U.S. District Court)? A lot of suits against lenders are in Federal court based on alleged violation of Federal laws such as the Truth in Lending Act and others. The procedural rules and judges' propensities are somewhat different between the two systems.

One thing the two court systems have in common is they are choked with a heavy case load, too few judges and clerks, and too few hours per week available for trials. Judges are understandably tossing out cases that aren't prosecuted professionally, and in accordance with the rules of procedure. They generally do not dismiss cases where the attorney, rather than the client, is at fault, because the client should not suffer from the attorney's blunders, but there is a limit.

The words following "Order to Show Cause........." are very important. Often, the words may be "why sanctions should not be imposed for failure to (do this or that)." This indicates the court's intention to fine a party unless there is a good excuse, or the omitted act is done before the OSC hearing. Read the entire order carefully. If the words indicate an intent to dismiss the case, or decide an important issue unfavorably, careful and professional attention to complying with the OSC is especially important.

If your former attorney has handled your case especially badly, you could consider a malpractice suit.......but that would require showing that your case against the lender was winnable but for the lawyer's mistakes.

Finally, I might mention that lenders, especially the big banks, have a huge amount of experience in defending suits by borrowers, and have the defense of routine claims down to a science. They know all the law and all the defenses backwards and forwards, and are prepared to defend. If you want to have a realistic shot at winning, especially in Federal court, you are going to need a lawyer, and one who is up to the challenge.

If you don't show up, you risk the case being dismissed and the other side being awarded their costs and fees. If the case has merit and value sufficient to hire a new lawyer, and if it is in SoCal courts, feel free to contact me.