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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In orange county ca is there an exception to family code 215

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In orange county ca is there an exception to family code 215 for an ongoing issue reserved in the judgement so that I can serve proof of service on attorney and not have to serve on petitioner? This is the local court rule in san mateo but I am looking to apply this to orange ca. See https://www.google.com/url?sa=t&source=web&cd=1&ved= 0CC0QFjAA&url=http%3A%2F%2Fwww.sanmateocourt.org%2Fdocuments%2Flocal_rules%2Fsection5_localrules.pdf&ei=0dVxUrrTO6eqsAT3h4GwAg&usg=AFQjCNH7GbHJUGBQRZ2St9W3275MuMCVbw&sig2=Qvjlxs3CU92Q2u43dRdOIg&bvm=bv.55819444,d.cWc
Submitted: 11 months ago.
Category: Family Law
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

On this website, I do not always get to give good news, and I am afraid that this is one of these times.

Orange County's Superior Court rules on this matter best fall into Division 3 (civil) and Division 7 (family).

Division 3 - here
Division 7 - here

Unfortunately, no such exception to Ca. Fam. Code. Stat. 215 exists in Orange County. I am sorry.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 11 months ago.

In my case then I did not legally serve petitioner only tlher attorney and my hearing is nov 6. Can I file ex parte ro accomplish valid service?

Expert:  Ely replied 11 months ago.
M,

Can I file ex parte ro accomplish valid service?

There is still time. I am not sure what you mean by 'ex parte' because ex parte means filing a MOTION with the Court. This is service of summons.

One then may get another summons from the court, attach a true copy of the complaint, and serve the PARTY as soon as possible. There is no need for a motion, ex parte or otherwise. Someone in your situation may be running into a matter of not serving them with enough NOTICE before the hearing, but, at the most, the Court should simply reset the date, then.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 11 months ago.

Right I did not serve petitioner rfo with enough notice. But I did serve her attorney with due notice:of the msc.


 


Does code 215 also apply to the mandatory settlement conference that she failed to attend?


 


Can I assert that since I served her attorney with enough notice

Expert:  Ely replied 11 months ago.
Right I did not serve petitioner rfo with enough notice. But I did serve her attorney with due notice:of the msc.

I am afraid that for a new cause, this may not qualify as "service," as may be the case here.

Does code 215 also apply to the mandatory settlement conference that she failed to attend?

Anything served TO BEGIN a suit must be served on the party, only. Anything afterwards WITHIN a suit can be served on their attorney of record, if they are attorney of record.

Can I assert that since I served her attorney with enough notice

Not unless they file a reply.

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Customer: replied 11 months ago.

This is why I am confused.


 


The rfo is addressing a reserved issue of visitation in our judgment. It says in the judment this issue is ongoing.


 


Why cant the rfo be considered an ongoing case for purposes of proof of service required on her attorney only?

Expert:  Ely replied 11 months ago.
Let us step back a bit.

1) Has their attorney actually (1) filed anything to strike/quash/challenge the service, and/or (2) indicated that it was improper otherwise?

2) Is this RFO requested while the case is pending, or, for a matter after original case has been granted already?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.

1 no.


2 in the dissolution judgment on reserved issues it states that the parties Acknowledge they are in a 730 evaluation...Subsequent to the completion of the report the parties will enter into a further judgment on reserved issues of custody visitation

Expert:  Ely replied 11 months ago.
Then, if this is still an ONGOING matter and not one AFTER the judgment has been given, it was okay to serve the attorney.

If this was AFTER the judgment was given, then it counts as a "new" action even if stemming from the original case with the same cause number.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87750
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Family Law Specialists are ready to help you
Customer: replied 11 months ago.

Can I file a motion to compel petitoner to attend coparenting counseling six meetings in 3 months.

Expert:  Ely replied 11 months ago.

Have these meetings been ordered by the court?

Customer: replied 11 months ago.

Stipulates between the parties. Shes dragging them out rescheduling canceling.

Expert:  Ely replied 11 months ago.
Thank you. Then yes. However, the discretion is that of the court at the end, and, as to the nuances of the matter which may variate from the stipulations if the Judge feels it necessary.
Customer: replied 11 months ago.

Can you tell me what legal forms I need to file

Expert:  Ely replied 11 months ago.
I am afraid that there may not a form for this, at least, a "pre prepared" form. Forms are (often court pre-approved) versions of motions with fill-in blanks. They generally tend to exist for the most common motions. California does especially a good job of having lots of forms.

However, there may not be a form for Motion to Compel, and this may need to be drafted from scratch. While there are motion to compel examples for CA online, they tend to be for discovery, and not an action in a family case such as this, I am afraid...
Customer: replied 11 months ago.

Get me a link example please?

Expert:  Ely replied 11 months ago.
Of course!

An example of a motion to compel (for discovery) may be seen here, for example.
Customer: replied 11 months ago.

Can I file this with law clerk monday for wed hearing. Will it be heard if no prood of service kn time?

Expert:  Ely replied 11 months ago.
Friend,

One can file and set this for a hearing. It may be set on a date just for itself or, in conjunction with an already-existing date for another motion to be heard back to back with that.

The issue is that the other party must be notified in a certain amount of time before the hearing. Three days is NOT enough. So Wed. may be too early.
Customer: replied 11 months ago.

Can I file this ex parte?

Expert:  Ely replied 11 months ago.
I am afraid not. Ex parts is for extreme emergencies only. This - sadly - likely does not qualify.
Customer: replied 11 months ago.

Is there any way to get admitted to the court a letter of affidavit from coparenting counselor i can not afford his appearance.

Expert:  Ely replied 11 months ago.
Hello,

The answer is tentatively yes. However, it would have to be certified, and state and local rules of procedure mandate a somewhat complicated procedure...
Customer: replied 11 months ago.

How do I do this is din oc in detail?

Expert:  Ely replied 11 months ago.
M,

Apologies, this is outside the scope of the original question. I would ask you to open a new question.

I may be offline for the majority of the day, so in the interest of receiving a fast answer, one may not wish to specially request me, although you can, of course.

Suggested format of the question, just so the expert will know what is being attempted to achieve is below:

I would like to submit a letter/affidavit from a co-parenting counselor as part of a motion (for example, Motion to Compel, but not necessarily this only) within a post-judgment matter. What are the proper procedures for ensuring that this letter/affidavit attached to (any) motion will be included as evidence, authenticated, and be able to be introduced in hearing in Court in CA Orange County's Superior Court?

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