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Old 05-13-2007, 08:03 PM
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Join Date: Feb 2007
Posts: 5

reinstatement of s/s after judgment set aside


California

Any practitioners out there? I am an associate at a firm in San Diego doing research in support of a client who just obtained a "set aside" (in its entirety) of an agreement (MSA) read on the record (pursuant to CCP 664.6) at the settlement conference. Prior to that agreement, there was a temporary spousal support and child support order in place. At the set aside hearing, the judge addressed the c/s but refused to reinstate the s/s, saying that he wanted a properly motioned hearing. What is that about? He gave us a follow-on hearing, with an opportunity to research and write a memo of p&a in support of a reinstatement of s/s, but I cannot find anything statutorily or caselaw wise in support of a resurrection or reinstatement of previous temporary orders. Other practitioners we have spoken to simply state the previous temp orders are automatically reinstated. Any thoughts, or concrete reference I can put into my research? Help! Thanks!

Respectfully,
Dan
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