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I have a family law question. After a divorce, one of the judges…

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I have a family law...
I have a family law question. After a divorce, one of the judges ruling's regarding joint residence held in the wife's name.

The order say's: a. The family residence shall be listed for sale immediately. b. the proceeds of the sale shall be placed in interest bearing trust account. c. No distribution shall be made from this truxt with written consent of both parties or order from court. d. Court shall retain jurisdiction over this matter to make further orders regarding this matter.

My question is; what motion would someone file to have this matter brought before the court?
The divorce was executed in San Jose California.
Submitted: 6 years ago.Category: Family Law
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2/27/2012
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
Law Educator, Esq.
Category: Family Law
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The motion you file depends on what action you are seeking to take. What is it you want to do?
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Customer reply replied 6 years ago
The objective is to determine if the court order was complied with because I never signed over my interest and it appears the court did not. The parties need to comply with the order.
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
So, what you would file is a motion for an order to show cause for contempt, which is where you bring the other party to court to force them to prove that they have complied with the order of the court and if not they will be held in contempt and would be liable to you to your attorney's fees and costs for having to bring them to court plus they would be ordered to comply or face jail.

The form is FL 300, you can find it at CA Court Forms Order to Show Cause.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq.
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Customer reply replied 6 years ago
Hi Paul,
I looked at FL300 and form FL410, it seems that FL410 would fit my needs more, but I did notice after reading Kinsey "Enforcement of Family Law Orders by Contempt in California"
that the statute of limitations has expired. What I read is that the motion must be taken within two years of the contempt. My divorce happened in the year 2000.
My question is have I waited too long to motion for contempt and if so, can I bring some other type of actoin in Superior Court that would have the same effect.
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
I did not know when this happened, but yes, if you did not file within 2 years of when the contempt occurred then the statute of limitations bars filing. HOWEVER, this does not necessarily mean 2 years from 2000, it means 2 years from when your husband failed to comply with the order, which is arguably when he let the business close without selling. As far as the forms, the order to show cause FL300 and FL410 is asking for an order of contempt while the FL300 is asking for him to be brought to court to explain why he has not complied with the court order.
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Customer reply replied 6 years ago
The business happened before the divorce was final in and about 2000. The order was tha tthe proceeds of the home be placed into a interest bearing trust account with the other parties attorney, and that no distribution shall be made from this trust without written consent of both parties or order from the court.
I was thinking that the violation is an ongoing matter.
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
If the home has not been sold, it is a continuing violation. Once the house was sold and the money taken, then that is when the contempt occurred.
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Customer reply replied 6 years ago
The home was sold back in 2000. What other options would some one have in a similar case.
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
I am afraid that the courts are going to say in something like this that if the matter was that important, then it would have been brought to them sooner than 12 years later. The statute of limitations acts as an absolute bar to claims, so if the house was sold in 2000 and you knew the money was not put in the trust, you had to file the claim within 2 years of that time. However, what will allow you to circumvent the SoL would be the Discovery Rule, meaning you did not discover he did not put the money in a trust until recently.
Law Educator, Esq.
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Customer reply replied 6 years ago
If some one wanted to read the Discovery Rule where would it be found.
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
It is just a court created rule in equity that states when someone did not know or could not have reasonably discovered an incident, then the statute of limitations begins to run from when they discovered or reasonably should have discovered the incident.
Law Educator, Esq.
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Customer reply replied 6 years ago
Thanks
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
Thank you.
Law Educator, Esq.
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Customer reply replied 6 years ago
Hi Paul,
In California Child Modification cases, which has mom and son living in New Jersey and the father living in California. The father in this case filed for a mod hearing this March in Santa Clara County, can mom; a) refuse not to attend, b) submitt documentation with out having proper proof of service?
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
If the CA court has retained jurisdiction here, if mom refuses to attend or send her attorney to attend, the court will rule against her by default. Any documentation submitted by either party without proper proof of service would be subject to be thrown out upon motion to the court.
Law Educator, Esq.
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Customer reply replied 6 years ago
Mom mailed to CA a cover letter saying she refuses to attend the March hearing, and a New Jersey order of dispostion. I remember from the 2000 CA hearing that New Jersey wanted jurisdiction and CA retained jurisdiction so there may exist some controversey over who really has jurisdiction.

When should the issue of improper service be brought up, and how would one bring it up?
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
You would file a motion to strike anything served without proper notice and ask for a default judgment for not attending. You would move to strike the day of the hearing, especially if she does not attend.
Law Educator, Esq.
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Customer reply replied 6 years ago
How does one motion to strike, with a form or through verbal argument at the hearing?

If it is a form what form is it?

Is it necessary to go through discovery or can it be done if one want's to?
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
You can do it by oral motion the date of the hearing or you can file it 3 days before the hearing in writing. It is actually a motion to quash, because you are seeking to have the whole document thrown out. There is no standardized form for a motion to quash service of summons; and, like most other motions in civil cases, the motion consists of several parts: 1) a notice of motion and motion, 2) a memorandum of points and authorities, and 3) a declaration, with any attachments. See: Sample Notice and Motion to Quash


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

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Customer reply replied 6 years ago
Hi Paul,

What form does one use to answer
NOTICE FOR HEARING AND REQUEST
FOR FURTHER BREIFING RE:
RESPONDENT MOTION FOR MODIFICATION
OF CHILD CUSTODY.

The judge wants to more information from me and I would prefer to respond with the proper form.

Thanks,
Joe
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
It is a FL-320, Declaration in Response to Order to Show Cause or Notice of Motion.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,303
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
Paul,

On another topic I would like to know where I might be able to find the legal definition of a "construction estimate"?

Is it Code of Civil Procedure or Works of Improvement, or both?
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
The definition is not in the code, you will have to use the definition used in the industry I am afraid. Whatever the standard is in the industry for a construction estimate is going to be what the court accepts.
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Customer reply replied 6 years ago
One more for today. Where would I find a blank form like the one used in court to write a brief. The one that has line numbers on the left side of the page.

Thanks
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
You can buy legal paper at the local store, but many word processing programs like Word and WordPerfect have legal pleading templates with the numbered lines in their system or online.
Ask Your Own Family Law Question
Customer reply replied 6 years ago
Hi Paul,

If I needed to respond to a civil harassment restraining order CH-100 what from would I use if any? Also how many days does one have to resond to CH-100 once it is filed?
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
You would file the CH-120, Response to Request Civil Harassment Order, your CH-100 or CH-109 that you received has a court date on that document and you present your CH-120 to the court when you appear on that date in court.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Ask Your Own Family Law Question
Customer reply replied 6 years ago
Hi Paul ,

What happens if a debtor does not make a payment to a creditor for more than four years, can the creditor still seek relief or is some type of limitation imposed on seeking relief.

 

Optional Information:
Country relating to Question: United States

Already Tried:
Nothing. Just a question. I will have a follow up. Thanks, Joe

Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
The CA statute of limitations on debts from credit card type debt is 4 years from date of the last payment. If they have not filed suit by 4 years from the date of the last payment then their suit is forever barred. If they try to collect a debt beyond the 4 years, then you can send them a letter telling them the debt is time barred and to cease and desist contacting you pursuant to the Fair Debt Collection Practices Act.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

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