findings after hearing

[bluez956]

california: my ex-spouse filed an osc and we went back to court. i did not retain an attorney due to financial restraints. in the past ,after a hearing, findings forms would be drafted and approved by both parties before being submitted to court clerk for filing. the other party did not follow the same procedure as before. i saw no drafts for approval, nor did i sign any forms. yet,
findings were filed. i became aware of filing and requested a copy for my records. ex-spouse sent 2 of 5 pages 4 weeks later with items highlighted as to point out certain issues of her concern. my questions are: 1) is it common practice for findings to be filed without approval and/or signature of other party. i am filing an osc for modifications. 2) can i /should i include this incident in my osc filing?

 

[I AM ALWAYS LIABLE]

california: my ex-spouse filed an osc and we went back to court. i did not retain an attorney due to financial restraints. in the past ,after a hearing, findings forms would be drafted and approved by both parties before being submitted to court clerk for filing. the other party did not follow the same procedure as before. i saw no drafts for approval, nor did i sign any forms. yet,
findings were filed. i became aware of filing and requested a copy for my records. ex-spouse sent 2 of 5 pages 4 weeks later with items highlighted as to point out certain issues of her concern. my questions are: 1) is it common practice for findings to be filed without approval and/or signature of other party. i am filing an osc for modifications. 2) can i /should i include this incident in my osc filing?

My response:

A statement of decision (or "Finding") under CCP §632 is not ordinarily required after a ruling on a motion (nor, by analogy, after a ruling on an order to show cause), but an exception has been judicially recognized where the issue is deemed sufficiently important, as in rulings on child custody. [In re Marriage of Baltins (1989, 1st Dist) 212 Cal App 3d 66, 260 Cal Rptr 403]

A "Finding" is merely a summary of the judge's oral instructions to the parties, or an extrapolation of the "Minute Order". Therefore, your signature and approval are not necessary. Apparently, former opposing counsel was doing this in order to "head off" a potential future OSC from you. Current counsel apparently doesn't care - - that's because they want you to potentially spend more money on your own OSC, and the attorney makes money on future appearances.

If you find fault with the Findings, then you will have to file your own OSC. If the judge agrees, but the parties are unable to agree with the wording of the Findings, then the judge will render a formal Order concerning the issues.

IAAL

 

[bluez956]

Complete copy of the Findings

i am going to file an osc for modification of support. i have not as of yet received a complete copy of the findings from the last hearing. any advice on how i might obtain a copy?

as of this writing i still do not know what the findings actually says. i have a feeling there are some things in the findings that may have time constraints attached to them, and may be the reason the other party has not sent me a complete copy. unfortunately until i have a complete copy i will not know.
the rock, the hard place, and me crammed in between.

 

[I AM ALWAYS LIABLE]

My response:

Go to the court. See the filing clerk. Give clerk your case number. Ask clerk to make you a certified copy of each page of the findings of that date.

See Jane run. Run, Jane, run.

IAAL

 

[Grandma B]

See Jane run. Run, Jane, run.
IAAL

Think you were talking to a Dick, not a Jane. Oops!

 

[I AM ALWAYS LIABLE]

Think you were talking to a Dick, not a Jane. Oops!

My response:

GrandmaB, sometimes you are just too hilarious !

I very nearly laughed myself out of my chair !

I scared my partner's secretary. She thought I was having a coronary. . .

IAAL

 

[bluez956]

thanks iaal for the help. i will let you know how i make out.

 

[I AM ALWAYS LIABLE]

i will let you know how i make out.

My response:

That's what we used to say in high school. You must be extremely graphic when you tell me. I want to know everything.

Are we still talking about law ?

IAAL


P.S. You're welcome, and thanks for playing along with our diversionary shennanigans ! You're a good sport.

 

[bluez956]

No problem. I'm glad I could be a source of amusement for you.

Why did the blonde keep driving around in circles? (see below)




























































































































































































































































































































































Because her left turn signal was stuck on!