Judgement, DIY

[rodzilla]

Jurisdiction

California

Here is my situation: I was engaged and had a child with my daughters mother in 2019. The engagement was called off and we separated so we never married. After we separated, we agreed to co-parent but slowly, she started doing things without discussing them with me such as claiming her for tax purposes, claiming she has her 60% of the time, etc.

Timeline

1. 2022-12-08: Received serving FAMILY LAW CASE COVER SHEET AND CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO DISTRICT. The court is the superior court of California, county of Los Angeles (300 east walnut st, Pasadena, CA 91101
   
2. I sought advice and took this as an opportunity to learn about law and wanted to represent myself. I was informed to visit the self-help office of the court. I was advised to respond to her "wish list", serve by mail, and file with the clerk at the courthouse. After completing my response and filing with the court, I was advised that my options were to wait for a response, request mediation, or request court date.
   
3. 2022-12-27: I finalized my documents for the response (forms FL-105/GC-120, FL-311, FL-220, FL-270, FL-341(E), FL-341(D), etc.. I made 2 copies, mailed one copy to the petitioner's lawyer, and another copy to the petitioner's home address, and filed with clerk at Pasadena. My form was stamped and I assumed "filed". I was informed by the self-help staff that I had until 2023-01-08 to respond so I was glad to have responded early.
   
4. 2023-01-19 I received a mailed letter for a REQUEST TO ENTER DEFAULT. The document dated 2023-01-11
5. 2023-01-20: I received a NOTICE OF ENTRY OF JUDGMENT, and a JUDGMENT via email.

Here are my questions

1. Seems the lawyer did not get my response. Is that possible? I asked my x if she received it and she said yes. Shouldn't there be a follow up, mediation, or court hearing? It seems as if my response was ignored.
   
2. What is my recourse for the judgement? I've heard about appeals...
3. Is it too late to do mediation? Mediation is what I was hoping for.

I feel that I have a pretty good case against her.

 

[adjusterjack]

An appeal is not appropriate because the judge did nothing wrong.

A motion to set aside the judgment is appropriate. See Section 473(b) of the CA Code of Civil Procedure.

Law section (ca.gov)

If you can't figure out how to do that, you should probably have a lawyer of your own.

In the future, I suggest you hand carry paperwork to your enemy and get the secretary to stamp it in and stamp your copy as well.

PS. The reality in the US is that the mother is likely to get custody and the father pays child support. Don't be surprised if that happens, regardless of whatever "case" you think you've got.

 

[Zigner]

Here is my situation: I was engaged and had a child with my daughters mother in 2019. The engagement was called off and we separated so we never married. After we separated, we agreed to co-parent but slowly, she started doing things without discussing them with me such as claiming her for tax purposes, claiming she has her 60% of the time, etc.

Timeline

1. 2022-12-08: Received serving FAMILY LAW CASE COVER SHEET AND CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO DISTRICT. The court is the superior court of California, county of Los Angeles (300 east walnut st, Pasadena, CA 91101
   
2. I sought advice and took this as an opportunity to learn about law and wanted to represent myself. I was informed to visit the self-help office of the court. I was advised to respond to her "wish list", serve by mail, and file with the clerk at the courthouse. After completing my response and filing with the court, I was advised that my options were to wait for a response, request mediation, or request court date.
   
3. 2022-12-27: I finalized my documents for the response (forms FL-105/GC-120, FL-311, FL-220, FL-270, FL-341(E), FL-341(D), etc.. I made 2 copies, mailed one copy to the petitioner's lawyer, and another copy to the petitioner's home address, and filed with clerk at Pasadena. My form was stamped and I assumed "filed". I was informed by the self-help staff that I had until 2023-01-08 to respond so I was glad to have responded early.
   
4. 2023-01-19 I received a mailed letter for a REQUEST TO ENTER DEFAULT. The document dated 2023-01-11
5. 2023-01-20: I received a NOTICE OF ENTRY OF JUDGMENT, and a JUDGMENT via email.

Here are my questions

1. Seems the lawyer did not get my response. Is that possible? I asked my x if she received it and she said yes. Shouldn't there be a follow up, mediation, or court hearing? It seems as if my response was ignored.
   
2. What is my recourse for the judgement? I've heard about appeals...
3. Is it too late to do mediation? Mediation is what I was hoping for.

I feel that I have a pretty good case against her.

Please clarify these two items:

First: "I made 2 copies, mailed one copy to the petitioner's lawyer, and another copy to the petitioner's home address..."

Did YOU mail the documents (personally)?

Second: "My form was stamped and I assumed "filed"..."

What "form" - did you file a proof of service that was completed and signed by someone other than you?

 

[Zigner]

...such as claiming her for tax purposes, claiming she has her 60% of the time, etc.

I wanted to respond to this separately. Custody time is based on the number of overnights. It is impossible for each of you to have had the child for exactly half the overnights in a year. Can you prove that you were the one who should have claimed the child?

 

[rodzilla]

Please clarify these two items:

First: "I made 2 copies, mailed one copy to the petitioner's lawyer, and another copy to the petitioner's home address..."

Did YOU mail the documents (personally)?

No, I did not mail the forms personally. I had a friend mail it from her home mailing address and she sent it out.

Please clarify these two items:
Second: "My form was stamped and I assumed "filed"..."

What "form" - did you file a proof of service that was completed and signed by someone other than you?

FL-335 PROOF OF SERVICE BY MAIL was included in both copies in my response and I think the clerk stamped a 3rd copy I had. I will double check when I get home later.

 

[rodzilla]

An appeal is not appropriate because the judge did nothing wrong.

A motion to set aside the judgment is appropriate. See Section 473(b) of the CA Code of Civil Procedure.

Law section (ca.gov)

If you can't figure out how to do that, you should probably have a lawyer of your own.

In the future, I suggest you hand carry paperwork to your enemy and get the secretary to stamp it in and stamp your copy as well.

PS. The reality in the US is that the mother is likely to get custody and the father pays child support. Don't be surprised if that happens, regardless of whatever "case" you think you've got.

Thanks for this info. I do regret doing the service by mail and should have had someone personally serve.

 

[rodzilla]

Custody time is based on the number of overnights.

Where can I find this information?

Can you prove that you were the one who should have claimed the child?

I would try to argue that I have adjusted my work schedule to spend more time with the child and she is unable to spend time with her during her normal office working hours, 9-5 M-F.

 

[Zigner]

I would try to argue that I have adjusted my work schedule to spend more time with the child and she is unable to spend time with her during her normal office working hours, 9-5 M-F.

Where does the child sleep more?

 

[zddoodah]

I was engaged and had a child with my daughters mother in 2019. The engagement was called off and we separated so we never married. After we separated, we agreed to co-parent but slowly, she started doing things without discussing them with me such as claiming her for tax purposes

Was your paternity ever established and, if so, how was it established? Was this "co-parenting" agreement ever put in writing? Did you and/or she ever execute an IRS form 8332? If so, what did it say?

2022-12-08: Received serving FAMILY LAW CASE COVER SHEET AND CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO DISTRICT. The court is the superior court of California, county of Los Angeles (300 east walnut st, Pasadena, CA 91101

I assume what you're saying is that your child's mother initiated an action to establish orders for custody, visitation and/or support. Correct?

I was advised that my options were to wait for a response, request mediation, or request court date.

Advised by whom? Request a court date for what purpose?

and filed with clerk at Pasadena. My form was stamped and I assumed "filed". I was informed by the self-help staff that I had until 2023-01-08 to respond so I was glad to have responded early.

Stamped by whom? The clerk's filing stamp says "FILED," so there shouldn't be any mystery about this. However, if someone with "the self-help staff" told you that you had until 1/8/23 to respond, it doesn't sound like you filed your papers in the right place.

2023-01-19 I received a mailed letter for a REQUEST TO ENTER DEFAULT. The document dated 2023-01-11

A letter or one of these? Received from whom?

2023-01-20: I received a NOTICE OF ENTRY OF JUDGMENT, and a JUDGMENT via email.

Received from whom? Was there a judgment attached to the notice of entry?

Seems the lawyer did not get my response. Is that possible?

Of course it's possible.

Shouldn't there be a follow up, mediation, or court hearing? It seems as if my response was ignored.

If you filed a response, then the court would not have entered default or a judgment. Therefore, we have to assume that either your response didn't get filed or default and judgment were not actually entered. Without knowing which of those is true, it's not really possible to comment further (if you want to post your case number, I can take a look at the case record on the court's website, but I wouldn't recommend doing that). If, in fact, you hadn't filed a response, and if the lawyer didn't receive your response, then the filing of default papers was proper. There is no mediation or hearing if you don't file a response.

When you received the first document last Thursday, did you pick up the phone and call your child's mother's lawyer to find out what was going on? If not, that's your first call. Since this woman is represented by an attorney, you need to be communicating with the attorney.

• What is my recourse for the judgement? I've heard about appeals...

• Is it too late to do mediation? Mediation is what I was hoping for.

If a judgment has been entered (and I doubt it because the timing is WAY too quick), there is no mediation. Nor can you appeal a default judgment. Your recourse is a motion to vacate the judgment and the default pursuant to Code of Civil Procedure section 473(b).

 

[rodzilla]

I was engaged and had a child with my daughters mother in 2019. The engagement was called off and we separated so we never married. After we separated, we agreed to co-parent but slowly, she started doing things without discussing them with me such as claiming her for tax purposes

Was your paternity ever established and, if so, how was it established? Was this "co-parenting" agreement ever put in writing? Did you and/or she ever execute an IRS form 8332? If so, what did it say?

I was present during her birth and I think we signed a birth certificate. We were together for about 1 year before the engagement was called off. I made this 3 page document for co parenting from a template I found online and she revised it 3 or 4 times. We have a final draft but it was never signed. It covers custody, visitation, regular time share periods, holidays/special days, vacation/travel, transportation/exchanges, telephone / audio-video communication guidelines, provisions, restraints on conduct.

 

[rodzilla]

I assume what you're saying is that your child's mother initiated an action to establish orders for custody, visitation and/or support. Correct?

Correct. Last night, I received a hard copy of the "NOTICE OF ENTRY OF JUDGEMENT" and a "SUBSTITUION OF ATTORNEY" which I received last week via email. It looks like she's representing herself? But no JUDGEMENT copy? Will a copy of it arrive this week?

Advised by whom? Request a court date for what purpose?

I visited 2 self-help offices. One in Orange County and the other in Los Angeles where the case is. The Orange County self-help person informed me. I know it's a different jurisdiction, but how different can it be?

Stamped by whom? The clerk's filing stamp says "FILED," so there shouldn't be any mystery about this. However, if someone with "the self-help staff" told you that you had until 1/8/23 to respond, it doesn't sound like you filed your papers in the right place.

Actually, I the person behind the window at the clerks office took the form and stamped it.

A letter or one of these? Received from whom?

Form FL-165 https://dev.greenfiling.com/cadoc/data/CA-forms-unlocked/fl165.pdf I received it from her attorney or lawyer.

Received from whom? Was there a judgment attached to the notice of entry?

From a paralegal form the petitioner's law office. There were 2 pdf documents: FL-190 and FL-250. "Was there a judgment attached to the notice of entry?" It's form FL-250 https://www.courts.ca.gov/documents/fl250.pdf and it's 17 pages which includes FL-250, FL-235, FL-341, FL-341(C), FL-341(D), FL-341(E), FL-342, FL-192 - a bunch of things from the orignal serving papers.

When you received the first document last Thursday, did you pick up the phone and call your child's mother's lawyer to find out what was going on? If not, that's your first call. Since this woman is represented by an attorney, you need to be communicating with the attorney.

I did not call. I should have.

If a judgment has been entered (and I doubt it because the timing is WAY too quick), there is no mediation. Nor can you appeal a default judgment. Your recourse is a motion to vacate the judgment and the default pursuant to Code of Civil Procedure section 473(b).

[/QUOTE]

Yes, seems like it was very quick and I was a shocked. Is there a typical time frame when a judgement is made? On form FL-250, #1 is blank and #2 says "dfault or uncontested". I will be pursing the "motion to vacate the judgment" and am in talks with a paralegal that handles legal paper work filings.

Thank you for your info!

 

[zddoodah]

I was present during her birth and I think we signed a birth certificate.

Being present during the birth is of no legal significance, and the birth certificate is generated by the county several days after the birth. The only relevant document you might have signed at the hospital would be an acknowledgment of paternity. The good news here is that, if your child's mother filed an action for custody, etc., then she apparently concedes paternity. Once the court issues a ruling, it won't be an issue anymore.

I made this 3 page document for co parenting. . . . We have a final draft but it was never signed.

So, it's legally meaningless.

I visited 2 self-help offices. One in Orange County and the other in Los Angeles where the case is. The Orange County self-help person informed me. I know it's a different jurisdiction, but how different can it be?

The relevant law is the same, but every county has its own local rules, and every court and every judge in every court has different ways they handle things.

There are a lot of weeds to dive into here, and even though it happens that at least one person here lives and practices in the jurisdiction where your case is filed, there isn't a ton that we can do for you. I'd suggest speaking with your child's mother's attorney about stipulating to set aside the default (especially if you have a file-stamped response). However, if you can't get some agreement about that within the next couple weeks, you would be well-advised to retain legal counsel to file a motion to set aside the default. You have a VERY limited time to get this done (6 months after entry of default), so you need to act fairly quickly.

 

[rodzilla]

speaking with your child's mother's attorney about stipulating to set aside the default (especially if you have a file-stamped response).

Thank you so much for the information zddoodah. Just a couple more questions

1. Is it ok to talk to the attorney or lawyer even after the ""SUBSTITUTION OF ATTORNEY". Seems like after the judgement, the contract with the petitioner is over and the lawyer is done with the case. Is that right?
2. Can I contact the attorney and get that "motion to vacate the judgment" process going at the same time?
3. I just received a text from her this morning about the schedule she proposed. She says she's "ok with [her schedule]" and I replied "I'm not ok...". Do I need to follow the schedule now? I don't feel like I need to do anything.

 

[adjusterjack]

Is it ok to talk to the attorney or lawyer even after the ""SUBSTITUTION OF ATTORNEY".

Yes.

Seems like after the judgement, the contract with the petitioner is over and the lawyer is done with the case. Is that right?

Not necessarily. He could still be on retainer. There could still be additional work. And he would certainly be available for further work as needed.

Can I contact the attorney and get that "motion to vacate the judgment" process going at the same time?

I suggest you get that motion filed ASAP and serve him a copy. Then you can talk about getting him to stipulate. He's your enemy. He isn't likely to do anything to help you.

I just received a text from her this morning about the schedule she proposed. She says she's "ok with [her schedule]" and I replied "I'm not ok...". Do I need to follow the schedule now? I don't feel like I need to do anything.

Was the schedule made part of the judgment or court order? The answer to that question will tell you what your obligations are.

I suggest you get yourself down to the courthouse and get copies of every scrap of paper in the case file so you can figure out when, how, and what was presented to the court that resulted in the default judgment.

 

[rodzilla]

I suggest you get yourself down to the courthouse and get copies of every scrap of paper in the case file so you can figure out when, how, and what was presented to the court that resulted in the default judgment.

On it! Are there any forms I need or certain words to say?

 

[rodzilla]

I suggest you get yourself down to the courthouse and get copies of every scrap of paper in the case file so you can figure out when, how, and what was presented to the court that resulted in the default judgment.

The few times I've been there they seem to be stuck on insisting I attend a class instead of answering questions.

 

[army judge]

The few times I've been there they seem to be stuck on insisting I attend a class instead of answering questions.

Attending a class would be very useful.

Once you've acquired knowledge, you can become self sufficient and sustaining.

 

[rodzilla]

Where does the child sleep more?

Before the judgement, I had the child Tuesday evenings to Thursday evenings. The exchange was at a halfway point at 7:30 pm just when traffic was tolerable: Orange county to LA, roughly 55 miles apart. This judgement had my visitation down to Wednesdays and Thursdays for 4.5 hours (which is absolutely absurd) and alternating weekends. I stopped myself a few times from responding to her after her texting me that this new schedule is "legally enforceable", and that "both of us have to comply". So now I need to do everything by her residence.

 

[Zigner]

Before the judgement, I had the child Tuesday evenings to Thursday evenings. The exchange was at a halfway point at 7:30 pm just when traffic was tolerable: Orange county to LA, roughly 55 miles apart. This judgement had my visitation down to Wednesdays and Thursdays for 4.5 hours (which is absolutely absurd) and alternating weekends. I stopped myself a few times from responding to her after her texting me that this new schedule is "legally enforceable", and that "both of us have to comply". So now I need to do everything by her residence.

Tuesday evening to Thursday evening is 2 nights a week. Even if you count the days, you're looking at two days a week. Yours was/is not the primary residence of the child and you are not entitled to claim the child on your taxes.

 

[Zigner]

The few times I've been there they seem to be stuck on insisting I attend a class instead of answering questions.

Of course they are. The court clerks aren't allowed to answer questions except those of a very general nature. For example: "What forms do I need to file to do xyz?" and"How long do I have to answer the papers that were served?" are questions that court clerks cannot (by law) answer. If you want to know how many copies they will need, or if you need a certain cover sheet, then they can probably help.