Dragging out a case?

[lima_charlie]

What is the name of your state (only U.S. law)? California

Is there any recourse to a Petitioner if they believe that the Attorney's are dragging out a case? Can I file a complaint with the CA State Bar?
I'm on my 5th continuance since March; as such, the legal bill is skyrocketing (on top of the retainer!) due to defendant not getting attorney in time, minor's counsel not speaking with therapist, defendant's attorney having another case, blah, blah, blah.
Some of the times, we have had this happen in court-other times, it is just communication from the Paralegal to me (which, of course, I'm billed for!)
Thanks in advance for the advice!

 

[tranquility]

No. You have no recourse against anyone but your attorney. As to your attorney, you can fire him. There may be a cost to that depending on how you contracted for representation.

 

[Hot Topic]

What is the name of your state (only U.S. law)? California

Is there any recourse to a Petitioner if they believe that the Attorney's are dragging out a case? Can I file a complaint with the CA State Bar?
I'm on my 5th continuance since March; as such, the legal bill is skyrocketing (on top of the retainer!) due to defendant not getting attorney in time, minor's counsel not speaking with therapist, defendant's attorney having another case, blah, blah, blah.
Some of the times, we have had this happen in court-other times, it is just communication from the Paralegal to me (which, of course, I'm billed for!)
Thanks in advance for the advice!

What the petitioner "believes" is irrelevant. What they can PROVE is not.

 

[lima_charlie]

Thanks for the replies!

It is actually the Defendant's attorney and Defendant dragging out the case, not mine-sorry for the misunderstanding.

So, if one party has more funds than the other party-they drag the case out until that party folds? Gee-sounds like poker!

Thanks again!

 

[You Are Guilty]

It is actually a relatively common strategy.

 

[Ohiogal]

Thanks for the replies!

It is actually the Defendant's attorney and Defendant dragging out the case, not mine-sorry for the misunderstanding.

So, if one party has more funds than the other party-they drag the case out until that party folds? Gee-sounds like poker!

Thanks again!

File to request that the other side have to pay YOUR attorney fees if they are dragging out the case.

 

[Dillon]

What is the name of your state (only U.S. law)? California

Is there any recourse to a Petitioner if they believe that the Attorney's are dragging out a case? Can I file a complaint with the CA State Bar?
I'm on my 5th continuance since March; as such, the legal bill is skyrocketing (on top of the retainer!) due to defendant not getting attorney in time, minor's counsel not speaking with therapist, defendant's attorney having another case, blah, blah, blah.
Some of the times, we have had this happen in court-other times, it is just communication from the Paralegal to me (which, of course, I'm billed for!)
Thanks in advance for the advice!

if you prevail, you can be awarded all your court costs.

 

[dmcc10880]

File motions to oppose any continuance.

Per Ca Code:

Trial date continuances: Attorney scheduling conflicts are readily accommodated at the trial setting stage. On the other hand, a trial date once set generally is regarded as "firm"; and, at that point, courts are far less accommodating to trial continuance requests. [Ca Rules of Court Rule 375(a); see Lazarus v. Titmus (1998) 64 Cal.App.4th 1231, 1249-1251, 75 Cal.Rptr.2d 676, 680-681] The California Rules of Court set the general standard for continuance of a civil trial: "[C]ontinuances of trials are disfavored . . . The court may grant a continuance only upon an affirmative showing of good cause . . ." [Ca Rules of Court Rule 375(c) (emphasis added) (listing circumstances that may indicate "good cause"); see also Ca Rules of Court Rule 375(d) (additional facts and circumstances for court to consider in ruling on continuance request)]

Then file a motion requesting sanctions and fees per Ca Family Code 271.

You can combine the two motions.

 

[Zigner]

File motions to oppose any continuance.

Per Ca Code:

Trial date continuances: Attorney scheduling conflicts are readily accommodated at the trial setting stage. On the other hand, a trial date once set generally is regarded as "firm"; and, at that point, courts are far less accommodating to trial continuance requests. [Ca Rules of Court Rule 375(a); see Lazarus v. Titmus (1998) 64 Cal.App.4th 1231, 1249-1251, 75 Cal.Rptr.2d 676, 680-681] The California Rules of Court set the general standard for continuance of a civil trial: "[C]ontinuances of trials are disfavored . . . The court may grant a continuance only upon an affirmative showing of good cause . . ." [Ca Rules of Court Rule 375(c) (emphasis added) (listing circumstances that may indicate "good cause"); see also Ca Rules of Court Rule 375(d) (additional facts and circumstances for court to consider in ruling on continuance request)]

Then file a motion requesting sanctions and fees per Ca Family Code 271.

You can combine the two motions.

OP's got an attorney. He wont' be filing anything.

 

[dmcc10880]

OP's got an attorney. He wont' be filing anything.

Uh... how about his attorney filing it on his behalf and at his request? The OP is the party, not the attorney. Therefore, the OP will be filing.

 

[davidmcbeth3]

The justice system is terrible, absolutely terrible.