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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86376
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I received a notice to appear for an order to show cause why

Resolved Question:

I received a notice to appear for an order to show cause why this case should not be dismissed in accordance with code or civil procedure section 581 through 583.430 on 11/25. It states no appearance is necessary if dismissal or judgement is lodged in the above department two court days prior to the appearance date. What does this mean exactly? It pertains to a divorce filing back in 2010.
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 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.

I am sorry for your situation. Can you please tell me what the facts actually allege in the complaint? What does it state/want/demand?

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 8 months ago.

My belief is the court is asking for some resolution to divorce preceding initially filed by my wife back in 2010. I can cut and paste the court case history if that would help? I also have the case file number.

Expert:  Ely replied 8 months ago.
If you could copy and paste, this would be helpful. No need for a cause number at the moment, yet.
Customer: replied 8 months ago.

10/23/2013 Notice-OSC failure to file Dismiss


02/03/2010 Agreement-Conciliation Crt-& Order


02/01/2010 Verification of Completion
Filed by Respondent


01/27/2010 Response
Filed by Respondent


01/27/2010 Declaration-Income & Expense
Filed by Respondent


01/27/2010 Declaration-Uniform Custody Minor'
Filed by Respondent


01/27/2010 Declaration-Property Instructions
Filed by Respondent


01/05/2010 Proof of Service-Summons & Com
Filed by Petitioner


12/04/2009 Declaration-Income & Expense
Filed by Petitioner


12/04/2009 Request- Waive Court Fees
Filed by Petitioner


12/04/2009 Summons-Family Law
Filed by Petitioner


12/04/2009 OSC-Custody, Support, etc.
Filed by Petitioner


12/04/2009 Order-Court Fee Waiver
Filed by Petitioner


12/04/2009 Petition-Dissolution
Filed by Petitioner


12/04/2009 Declaration-Uniform Custody Minor'
Filed by Petitioner

Expert:  Ely replied 8 months ago.
Friend,

Have you actually been SERVED with this show cause? You say you have received it. If so, does it allege anything specific, or just tells one to show up?

Does it look something like this here?
Customer: replied 8 months ago.

No...let me take a cell phone pic and attach it here.

Expert:  Ely replied 8 months ago.
Okay.
Customer: replied 8 months ago.

XXXXXX

Expert:  Ely replied 8 months ago.
Thank you.

Essentially, it seems that there was an ongoing post-judgment issue in relation to the case. From the looks of it, it likely was related to child support amount/payment.

However, either no action has been taken on this case OR, a party has filed to have the matter dismissed. Either way, a hearing was then set on whether or not to dismiss this issue (either for lack action, or, from a party's request) on 11-25-13.

So this is what this means, and, one should attend, of course.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 8 months ago.

Thank you so much!

Expert:  Ely replied 8 months ago.
You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Customer: replied 8 months ago.

I do have another question. Is there a response I can file with the court on this matter or is the language directed at the person who filed?

Expert:  Ely replied 8 months ago.
Hello,

I do have another question.

By all means.

Is there a response I can file with the court on this matter or is the language directed at the person who filed?

Allow me to answer this a little indirectly but still provide an answer: If one does NOT wish the matter to be thrown out, then one can file a response. But otherwise, there is no mandate to respond.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 8 months ago.

Got it! Again, thank you and i will rate you very well. Smiletitle="Smile"/>

Expert:  Ely replied 8 months ago.
Thank you.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86376
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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