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Alicia20

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

Last Friday 10/22/10, I served my spouse with a Ex Parte notice for immediate removal of my property (we are divorcing and its my sole property), the hearing would be on Monday 10/25/10. On Saturday I received a call from an attorney who stated he was representing my spouse, he said he wanted to work out a move out agreement outside of court that would benefit both of us, he also said he would email me the details of this agreement by Tuesday. I recieved nothing from the lawyer, I asked my spouse about it but she was mum. I had no information on this attorney except the number he called me from. I called the number and thier was not an office or voice mail message so I never called it again.
Thursday 10/28/10, I notified my spouse that she needs to appear for another hearing for Friday. Three hours later I get an email from my spouses attorney citing that I need to cancel the court appearrance of face sanctions because I failed to give him 24 hours notice of the hearing. I just recieved the attorneys information today in terms of full name and number, I still don't have an address or the name of the office, even his email was pretty generic.


Can my spouses lawyer seek sanctions against me?:confused:What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
He can seek all sorts of things but he won't get it.

You have a court hearing and are entitled to appear. There is no obligation to respond to a request to negotiate outside of court - especially when the contact appears to be suspicious.

You could contact the state Bar with the information you have to see if the person really is an attorney. If not, they may wish to prosecute - they're very strict about people having a law license before practicing law.
 

LdiJ

Senior Member
He can seek all sorts of things but he won't get it.

You have a court hearing and are entitled to appear. There is no obligation to respond to a request to negotiate outside of court - especially when the contact appears to be suspicious.

You could contact the state Bar with the information you have to see if the person really is an attorney. If not, they may wish to prosecute - they're very strict about people having a law license before practicing law.
I think there is a chance that you are off on this one Misto...the attorney isn't stating that his error was not negotiating. The attorney was stating that his error wasn't giving the attorney 24 hours notice of a hearing.

I have no idea if CA law requires a pro se litigant to give opposing counsel 24 hours notice of a hearing. However its not outside the realm of possibility that that requirement exists.

Of course, the OP can always throw himself on the mercy of the court as a pro se litigant...and that might work if there really is that requirement. So it might just result in a continuance rather than sanctions...again, if the requirement exists. However I think that CourtClerk is the only poster here who could verify whether or not that requirement exists.
 

acmb05

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

Last Friday 10/22/10, I served my spouse with a Ex Parte notice for immediate removal of my property (we are divorcing and its my sole property), the hearing would be on Monday 10/25/10. On Saturday I received a call from an attorney who stated he was representing my spouse, he said he wanted to work out a move out agreement outside of court that would benefit both of us, he also said he would email me the details of this agreement by Tuesday. I recieved nothing from the lawyer, I asked my spouse about it but she was mum. I had no information on this attorney except the number he called me from. I called the number and thier was not an office or voice mail message so I never called it again.
So did you go to the hearing that you scheduled or was it rescheduled?


Thursday 10/28/10, I notified my spouse that she needs to appear for another hearing for Friday. Three hours later I get an email from my spouses attorney citing that I need to cancel the court appearrance of face sanctions because I failed to give him 24 hours notice of the hearing. I just recieved the attorneys information today in terms of full name and number, I still don't have an address or the name of the office, even his email was pretty generic.


Can my spouses lawyer seek sanctions against me?:confused:What is the name of your state (only U.S. law)?
Even if he can't why would you only give your spouse less than a days notice of a hearing? Didn't you have her served ?
 

stealth2

Under the Radar Member
Yeah, I kinda wondered why the other party apparently wasn't served.
 
Last edited:

Zigner

Senior Member, Non-Attorney
Even if he can't why would you only give your spouse less than a days notice of a hearing? Didn't you have her served ?
It's an ex-parte - a phone call >24 hrs before IS notice.

ETA: I guess the question here is whether or not the attorney properly notified the other party of representation.
 

mistoffolees

Senior Member
I think there is a chance that you are off on this one Misto...the attorney isn't stating that his error was not negotiating. The attorney was stating that his error wasn't giving the attorney 24 hours notice of a hearing.
Because it's an ex parte hearing.

Furthermore, it sure sounds like it's not a real attorney. False phone numbers? Email with no address or name of the firm? I'm betting that the ex has a buddy who's trying to convince OP to drop matters - or at least muddy things enough that something gets missed.

OP has nothing to lose by going to the hearing - and everything to gain. I would go to the hearing and indicate that the emails and phone calls looked fraudulent since no firm was identified.
 

LdiJ

Senior Member
Because it's an ex parte hearing.

Furthermore, it sure sounds like it's not a real attorney. False phone numbers? Email with no address or name of the firm? I'm betting that the ex has a buddy who's trying to convince OP to drop matters - or at least muddy things enough that something gets missed.

OP has nothing to lose by going to the hearing - and everything to gain. I would go to the hearing and indicate that the emails and phone calls looked fraudulent since no firm was identified.
Of course he should go to the hearing. No one should ever skip a scheduled hearing. However, if he was supposed to give opposing councel 24 hours notice, and he did not, that could be problematic for him. CA ex-partes do not work the same as ex-partes as you and I know them.

In my state an ex-parte means that the other party is NOT notified ahead of time at all. In CA it does appear that the other party is supposed to be notified of an ex-parte. I am not talking about this thread either. I am talking about multitudes of threads where CA ex-partes have been discussed.
 

Alicia20

Member
I spoke to her attorney that same night over the phone, I cancelled the ExParte and wrote up a divorce agreement that he could discuss with my spouse which includes moving dates and proceeds to end this quickly and quietly. My spouses attorney seems extremely busy and this case is not worth his time or money (especially the money part, spouse his broke), I gave the spouses attorney till November 3rd to either accept or not. In the mean time I am meeting with my attorney today to go over prenupt and all relevant filings to ensure I'm bullet-proof.
 

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