tag:blogger.com,1999:blog-8081447.post6568960149390668956..comments2024-02-19T09:57:54.701-08:00Comments on The Angry Dad: Untimely FOAH submittedGeorgehttp://www.blogger.com/profile/16032672334544228703noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-8081447.post-18907645297004408012016-10-01T15:58:53.902-07:002016-10-01T15:58:53.902-07:00I am still in the process of my divorce and on 2 o...I am still in the process of my divorce and on 2 occassions (the first I was actually being represented, albeit by a corrupt attorney), opposing counsel filed the FOAH without a signature from my side. In the first filing, where I or my attorney were designated to sign, a stamp was placed which reads " In accordance with CRC 5.125" and underneath is my former attorney's name marked as 'attorney for the Petitioner.' I am the Respondent so why would he be stated as my husband's attorney? After relieving this attorney I was financially forced to appear in Pro Per at our last hearing on 8/22. That FOAH was filed by opposing counsel without my prior review or signature. Again in place of my signature is the stamped "In accordance with CRC 5.125" and this time only the box is marked 'Respondent' without my name stated. Both filings were served to me After the clerk's filing stamp was rendered. The Commissioner's stamped name had been placed pre-filing with the court. How is that possible? After her judicial review, the Commissioner's signature appears on the line and the original stamp of her name has somehow moved below the signature line. No cover letter or declaration of attempts to serve me for my approval was included with the FOAH court filing. How is corruption and forgery continuously allowed like this?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8081447.post-61232532818030562072013-05-10T07:57:45.542-07:002013-05-10T07:57:45.542-07:00Well, she filed her FOAH yesterday. I suppose we&...Well, she filed her FOAH yesterday. I suppose we'll hear about it if anything else ever happens in this case.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8081447.post-27107930465623938322013-05-06T15:48:56.167-07:002013-05-06T15:48:56.167-07:00My ex-wife just informed me by email that she is j...My ex-wife just informed me by email that she is just tying up loose ends, and not planning a court motion. So false alarm, I guess.<br /><br />My usual policy is to just report on public court filings, and not private communications. I am making an exception in this case because she appears to be correcting a false impression left by the blog.Georgehttps://www.blogger.com/profile/16032672334544228703noreply@blogger.comtag:blogger.com,1999:blog-8081447.post-1925775138894034172013-05-06T13:44:21.153-07:002013-05-06T13:44:21.153-07:00I'm not sure either. It might matter if she m...I'm not sure either. It might matter if she moves the children to a different county or state.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8081447.post-37740541912463913562013-05-06T13:06:43.841-07:002013-05-06T13:06:43.841-07:00Thanks for this. I did not know about that rule. T...Thanks for this. I did not know about that rule. The mail was delivered Saturday, but I did not get it out of the mailbox until Sunday.<br /><br />Her FOAH is just a copy of the minute order. The minute orders are always sloppy. I am not sure it makes a difference to have a minute order copied to a regular order.Georgehttps://www.blogger.com/profile/16032672334544228703noreply@blogger.comtag:blogger.com,1999:blog-8081447.post-42921043137172700712013-05-06T12:34:03.952-07:002013-05-06T12:34:03.952-07:00Another thing -- at the bottom of this web page
h...Another thing -- at the bottom of this web page<br /><br />http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1312<br /><br />it says, "Rule 3.1312 amended effective January 1, 2011; adopted as rule 391 effective July 1, 1992; previously amended effective July 1, 2000; previously amended and renumbered effective January 1, 2007."<br /><br />So your ex-wife is using a law book from before 2007 with Rule 391. But current Rule 3.1312(d) says if the prevailing party fails to prepare and submit a proposed order within five days of the ruling, any other party may do so.<br /><br />You can prepare the FOAH yourself, but you'd better study the minute orders from those court dates or get copies like she did.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8081447.post-34758227486689846052013-05-06T11:56:26.585-07:002013-05-06T11:56:26.585-07:00The Court website says the FOAH were returned to J...The Court website says the FOAH were returned to Julie Travers on 4/26 due to no signature of Respondent. If her letter was dated 4/30, then five days would've been yesterday, a Sunday. Do you mean you got this in the mail today? I'd save the envelope you got this in with the postmark. Do you have any disagreement that those were the findings? It isn't about whether you liked the order, just whether that was what was ordered. If you don't agree, respond to your ex-wife today and call the clerk to intercept any filing.<br /><br />She may be taking this step now in anticipation of filing a motion for a permanent change in custody at the two-year mark on the basis of no visitation during that time. On the other hand, you could probably file your own OSC and set a court date for August. You've previously expressed outrage at getting only supervised visitation, but isn't it in your and your children's best interest for you to avail yourself of that? Unlike many dads, you have the money. I'd go with Ruth Brittany, but get the rules of the supervised visits in writing and stay within them.<br /><br />If your ex-wife doesn't allow any visits, she'll look bad. But if you don't try for any visits, you'll look bad.<br />Anonymousnoreply@blogger.com