Urgent Questions re contempt, etc.

I live in California.

I have 3 questions:

1. What do I do if an attorney doesn't follow court orders? Is it the same as if the other party doesn't follow orders, just file contempt against the attorney, or is there something else?

2. How do you get a verified Findings and Order After Hearing changed when it is wrong? I have evidence, i.e. transcripts, etc. to prove the F&OAH is wrong. Is my only recourse to appeal?

3. Can a defamation of character suit be filed on anyone? I need to make a complaint regarding defamation of character done by children's court appointed attorney. He made allegations as to character without providing evidence, and there is no evidence, whether he has it or not, that proves his statements. Do I file a suit or is there something else I am supposed to do?

This divorce case has been going on for five years because of the mothers' lies and false accusations, her attorney not doing his work, and minors counsel not properly representing the children. I am, and have been, ready for all this nonsense to stop. Any help would be appreciated. Thanks for your time.

[I AM ALWAYS LIABLE]

[quote]Originally posted by SparxDragonfly
[b]I live in California.

I have 3 questions:

1. What do I do if an attorney doesn't follow court orders? Is it the same as if the other party doesn't follow orders, just file contempt against the attorney, or is there something else?

MY RESPONSE: Explain further. Were the order directed TO the attorney, or THROUGH the attorney for the client to follow?


2. How do you get a verified Findings and Order After Hearing changed when it is wrong? I have evidence, i.e. transcripts, etc. to prove the F&OAH is wrong. Is my only recourse to appeal?

MY RESPONSE: Ask the court clerk for a Certified copy. Your attorney files a form FL-340, and the judge signs the same. Until that's done, you're not entitled to a Certified copy.




3. Can a defamation of character suit be filed on anyone? I need to make a complaint regarding defamation of character done by children's court appointed attorney. He made allegations as to character without providing evidence, and there is no evidence, whether he has it or not, that proves his statements. Do I file a suit or is there something else I am supposed to do?

MY RESPONSE: No. Testimony, pleadings, reports or anything else said or written to the court are "priveleged" and no cause of action can be maintained. For example, someone could say you're a "Mass Murderer" in court proceedings, and there's nothing you could do about.


IAAL

On the first question, the judge said that is wasn't comtempt against the other party because it was the attorney that didn't follow the order, not the other party, so it deals directly with the attorney. Does that help and do you know what I might be able to do now?

Also, I don't quite understand your answer to the third question. The attorney made the comments in his Report of Minor's Counsel, not actually in court. Does that make any difference? And there is nothing that can be done if the attorney makes false statements that hurt my case? The attorney said something to the effect of the father is very bitter towards the mother, and will use children's choice of visitation as a weapon against the mother. 2 minor children are involved, minor daughter, 17, has choice of visitation, or "first right of refusal" (and has had choice for over 4 years), while minor son, 15, does not have choice. Neither child, nor me, ever said anything to the effect of using choice against the mother. I'm trying to get bother minor children to have choice because minor son does not want to go to mother's and constantly complains once pickup time for mother comes around, arguing he doesn't want to go, he doesn't like it there, she's mean to him, yells at him, hits him, doesn't let him come out of his room, doesn't let him eat when he wants, and it hurts to see him so upset and everything but there's nothing that can be done right now so he doesn't have to go. We've tried talking to attorney and counselor about abuse, calling Child Protective Services, and nothing has been done. CPS even said that no one answered the door when they went to investigate, and they just didn't ever go back (I know, I didn't believe it when I first heard it, either).

[I AM ALWAYS LIABLE]

[quote]Originally posted by SparxDragonfly
[b]On the first question, the judge said that is wasn't comtempt against the other party because it was the attorney that didn't follow the order, not the other party, so it deals directly with the attorney. Does that help and do you know what I might be able to do now?

MY RESPONSE: Without further details concerning this matter; i.e., what caused the contempt, and what the attorney failed to do, or should not have done, then all I can say is that there's nothing you can do because this is a matter between the attorney and the court - - ONLY.



Also, I don't quite understand your answer to the third question. The attorney made the comments in his Report of Minor's Counsel, not actually in court.

MY RESPONSE: But, what you're failing to understand is that the report was created as the result of, and for, your current action and given to the court in your litigation. As such, it is privileged and non-actionable. My previous response "stands" in this regard.

IAAL