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definition of a legal term

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T

Texastoo

Guest
California
what does the term imaging mean when a divorce has been filed but not recordedwhat does the term imaging mean when a divorce has been signed by the judge but not recorded yet
 


I AM ALWAYS LIABLE

Senior Member
Texastoo said:
California
what does the term imaging mean when a divorce has been filed but not recordedwhat does the term imaging mean when a divorce has been signed by the judge but not recorded yet

My response:

Okay, I'll take a stab at this one.

Contempt proceedings to enforce a civil judgment or order are commenced by presenting a prescribed "charging affidavit" to the court. [Ca Civ Pro § 1211(a); Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore) (2000) 83 Cal.App.4th 1281, 1286, 100 Cal.Rptr.2d 320, 324]

Based on the affidavit (which recites the facts constituting the prima facie contempt), the court must then issue and sign an order to show cause directing the alleged contemnor to appear and be heard on the charge at a specified date and time. [Ca Civ Pro § 1212; see Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore), supra, 83 Cal.App.4th at 1286, 100 Cal.Rptr.2d at 324 & fn. 5]

The completed OSC and affidavit form(s) are taken to the court clerk, who will obtain the judge's signature on the OSC and then file the papers. [See Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore) (2000) 83 Cal.App.4th 1281, 1286, 100 Cal.Rptr.2d 320, 324]

Conformed copies of the charging affidavit and OSC must be served on the citee at least 21 calendar days before the hearing (Ca Civ Pro § 1005(b). The citee must be served personally, in a manner authorized for service of summons. Service on the citee's attorney will not suffice in a contempt proceeding. [Ca Civ Pro §§ 1015, 1016; see also Ca Fam § 215 (postjudgment proceedings); Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore), supra, 83 Cal.App.4th at 1286-1287, 100 Cal.Rptr.2d at 324 - - OSC re Contempt acts as a summons; Albrecht v. Super.Ct. (Laird) (1982) 132 Cal.App.3d 612, 614, 183 Cal.Rptr. 417, 418]

Personal service of the affidavit and OSC on the citee is a prerequisite to the court's jurisdiction to proceed. A contempt adjudicated on defective service (e.g., service on citee's attorney alone) is jurisdictionally defective and thus void. [Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore), supra, 83 Cal.App.4th at 1287-1288, 100 Cal.Rptr.2d at 325]

"Substitute service" on attorney where citee concealing self:
"Substitute service" on the citee's attorney of record might suffice where the citee has concealed himself or herself to avoid service of the contempt papers. [Shibley v. Super.Ct. (1927) 202 Cal. 738, 742-743, 262 P 332, 334; see also Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore), supra, 83 Cal.App.4th at 1286, 100 Cal.Rptr.2d at 324--personal service on citee required "(u)nless the citee has concealed himself from the court"]

Appearance at hearing on merits as curing defective service:
The citee's voluntary appearance at the contempt hearing and presentation of evidence on the merits apparently is a valid substitute for the requisite personal service (effectively waiving defective service). [Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore), supra, 83 Cal.App.4th at 1287-1288, 100 Cal.Rptr.2d at 325 (dictum); see Leonis v. Super.Ct. (1952) 38 Cal.2d 527, 531, 241 P.2d 253, 255-256]

IAAL
 
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Texastoo

Guest
Thank you for your speedy response to my question about the term, imaging. I have a situation with my daughter who is about to get married the end of this month. Her future husband is not divorced we recently found out but tells her it is okay to go ahead with the wedding because the judge signed the papers and it is now in imaging, Is it leagal for them to marry without the degree being filed?
 

I AM ALWAYS LIABLE

Senior Member
Texastoo said:
Thank you for your speedy response to my question about the term, imaging. I have a situation with my daughter who is about to get married the end of this month. Her future husband is not divorced we recently found out but tells her it is okay to go ahead with the wedding because the judge signed the papers and it is now in imaging, Is it leagal for them to marry without the degree being filed?

My response:

Other than the case cited above, which uses the word "imaging", the only other use for that word that I can think of would be some sort of archiving process that the court is using; e.g., sending the physical papers to a micro-fiche "imaging" process. It may be that this is an administrative situation. However, this is only a guess. Call the clerk of the court on this one.

But, once the judgment is signed by the court, and the parties have been served with the "Notice of Entry of Judgment", then the marriage is deemed finally terminated on the date specified in that "Notice."

So, have him show you the properly signed and filed "Notice of Entry of Judgment". Look at the date the judge signed it. If there are no "caveats" in the "Notice" by the judge, then he and your daughter are free to marry on any date they choose.

I certainly hope this answers your question.

IAAL
 
T

Texastoo

Guest
Yes thank you I believe this answers the question. She was shown some papaers last night and I will check to see what they were. Hopefully they are the right ones. Thanks again
 

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