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I'm being sued by XXXXX XXXXX (man I received an annulment from on 1/12/09) in Riverside County Superior Court (California) for property. I don't understand why I have to go back to court on 4/22/10. See Court Minutes. 9-24-09 - I went to court today, Plantiff nor his Attorney were present. I provided proof that the Plantiff was unable to get a Relief from Stay of the bankruptcy. Bankruptcy is in the discharge waiting status. The ordered that I return for OSC on 4/22/10 and that I notify the Plantiff's Attorney of this date. Why am I responsible for for this. 4-23-09 Honorable Gloria Connor Trask, Presiding; CLERK: C. ANDREWS COURT REPORTER: P. HANSON; DAVID BRODIE PRESENT; LENORA HAMILTON PRESENT WRIT OF POSSESSION IS DENIED. WRIT DENIED WITHOUT PREJUDICE ORDER TO SHOW CAUSE TO ISSUE RE: DISMISSAL ON COMPLAINT FILED 02/27/2009 OF XXXXX XXXXX UNLESS PLAINTIFF/CROSS PLAINTIFF SEEKS RELIEF FROM STAY OF BANKRUPTCY PRIOR TO OSC, SET FOR 09/24/09 @ 08:30 IN DEPT 01.
State/Country relating to Question: California Already Tried: When first sued, I filed a response to the courts with the assistance of legal aid. My annulment was based on fraud (Registered Sex Offender). He is incarcerated but using an ex-girlfriend to do all his legal work. Even while in civil litigation they have attempted to file criminal charges against me. I have a restraining order against him that he continues to violate from prison and through third party harassment. Don't understand why the judge is continuing the case if the Plantiff did not show up.
They ordered you to return because your case right now is in a state of flux because of the bankruptcy which has been filed but it not completed and is in the waiting status, so the court is going to make you prove the final disposition of the bankruptcy discharging this debt before completely dismissing the case. The reason the court ordered you to notify the other attorney is because it is something done as a matter of course when one party is present in court and the other is not. The court orders that the party present notify the non-present party when a continuance has been ordered, as here, on the basis that the court is going to require final proof of the discharge in bankrupcty from you. All you need to do is send the other attorney a letter notifying him of the new date and keep a copy for your files along with the return receipt proving delivery.
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