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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36972
Experience:  30 years as a family law lawyer .
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I received a response declaration to my spousal support

Customer Question

I received a response declaration to my spousal support request today , Friday Aug 12 and the hearing is this Monday, Aug 15 at 8:30, I want to reply to the response, but I was not given enough time. I feel that i should postpone the hearing.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: It is in California, Orange County, Lamoreaux Justice Center precisely
JA: Have you talked to a lawyer yet?
Customer: I am not able to connect with a lawyer, I am referred to office voice messages that the office is either closed or the lawyer is not available. Probably due to it being a Friday late in the afternoon. Also, I currently have no income, so I must consider attorneys that offer low rates.
JA: Anything else you think the lawyer should know?
Customer: I had a case in PA, but CA cannot modify cases from a different state, so PA closed the case, I then established a case in CA. The other parties attorney claims that I am not eligible to ask for support again due to Res Judicata. However it was the PA case that was closed, so that it could be held in CA where both parties reside.
Submitted: 3 months ago.
Category: Family Law
Expert:  RayAnswers replied 3 months ago.

Hi and welcome back to JA. Ray here to help you today.

I would prepare a motion for continuance and go early and file it.You can tell the judge you are still trying to locate counsel here.Ask for at least two weeks to do that if you can from the judge.The court likely will grant it here.It will help if you have several lawyer names of potential lawyers, makes you appear serous and shows good cause here.

Here is step by step and forms.

https://saclaw.org/wp-content/uploads/sbs-motion-to-continue-mandatory-settlement-conference-and-trial.pdf

I appreciate the chance to help you again and wish you the best in court here.It likely will be granted as you need time to locate counsel.Thanks again.

Expert:  RayAnswers replied 3 months ago.

If you can 5 star rate when we are done it is much appreciated.

Thanks again.

Customer: replied 3 months ago.
Do these instructions apply to my case? The hearing is Monday, Aug 15th at 8:30 am and the directions state that I need to give the court 5 day notice and that I should be prepared should it be denied. Is there a response for the Res Judicata?
Expert:  RayAnswers replied 3 months ago.

You are late here, try getting to court early, file with clerk, give other side a copy. You should be prepared it can be denied.Res judicata means a matter that has been adjudicated by a competent court and may not be pursued further by the same parties.They are claiming the court already ruled on it but certainly you try to raise this again, the order is modifiable.

Customer: replied 3 months ago.
Ray, I cannot locate the correct form to file the motion of continuance in Orange County, since I am asking for a continuance on the same day as the hearing, I am not certain what form to use.
Expert:  RayAnswers replied 3 months ago.

You can use the forms I gave you and modify the court.You can try for a continuance even if it is less than 7 days here.Judge likely grants it anyway if you can argue for time to get lawyer.

Customer: replied 3 months ago.
Am I limited or unlimited and do I need the proof of service form?
Expert:  RayAnswers replied 3 months ago.

You would file proof of service, if you give ti to them in person you can reflect that type of service.You are able to file this.You are not limited here even if it is short notice.Good luck to you.

Customer: replied 3 months ago.
I do not know who this attorney is, would I give the proof of service form to the bailiff at the 8:30 hearing time. I don't know the time line for this. I did not see this Motion for Continuance form on the Orange County forms, that is why I asked which form is correct.
Expert:  RayAnswers replied 3 months ago.

You can modify the court on the one I gave you above.Just show the certificate of service to show it was hand delivered on Monday to counsel of record and sign it.That should do it and go from there.

Thanks.

Expert:  RayAnswers replied 3 months ago.

If you can rate 5 stars it is much appreciated.

Customer: replied 3 months ago.
Ray, I have gathered and filled in the forms you presented, I do not understand the terminology in what it is I am actually asking for on the proposed order that the judge signs if approved. What does it mean for the settlement conference to be vacated, for the case to refer back to case management and for discovery to remain open 30 days before trial date. I am unsure of the wording on page 1 of the motion to continue " and mandatory settlement..." and "referring this matter back to case management"
Expert:  RayAnswers replied 3 months ago.

The court would reset all the dates, extend the settlement conference, discovery deadlines and trial date until you have counsel.I hope the court will grant this here.

Thanks again and the best here.

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