Court order after hearing

[giftedsanta]

The proceedings are in California.

Opposing Counsel sent a letter to the Court clerk mentioning that I did not respond to his letter dated December 15, 2006 containing the Court order after hearing. Then he got the Court order filed on January 31, 2007 without my signature.

Opposing Counsel did this in spite of me sending the following two letters

1) Letter dated December 19, 2006 stating that his request for my signature to be dated by November 24, 2006 was not reasonable.
2) Letter dated December 25, 2006 pointing out the corrections that have to be made in the Court order paperwork prepared by him before I sign it.

The Court clerk told me that there are no forms to file rejecting this order and suggested that I could file a declaration.

My questions are as follows:

1) What do you suggest I do in this situation?
2) I filed the current motion. Opposing party is the petitioner. Who
gets the chance to prepare the Court order after hearing typically?

[socrateaser]

>My questions are as follows:
>
>1) What do you suggest I do in this situation?

The question you must answer first, is whether any of your objections would materially change the court's judgment. I don't know what your objections are, so I can't give you advice. If your objections are material, then you could have the judgment set aside, and perhaps have the other attorney cited for contempt.

>2) I filed the current motion. Opposing party is the
>petitioner. Who gets the chance to prepare the Court order after hearing typically?

The prevailing party, as usually determined by the court. But, if there's only one attorney, the attorney will always be instructed to prepare the judgment/final order.

[giftedsanta]

Many thanks for your responses.

My objections in this order would not change the Court's judgment and is not worthy of filing for Contempt. The previous time (two hearings before) it was. Previously, the opposing counsel wrote
the Court order in his favor and my previous attorney had rejected it.


1) Should I file the declaration stating the facts so that opposing
counsel would not repeat this kind of stuff in future?

2) Will this kind of manipulation worthy of filing a compliant with local bar association?

[socrateaser]

>Many thanks for your responses.
>
>My objections in this order would not change the Court's
>judgment and is not worthy of filing for Contempt. The
>previous time (two hearings before) it was. Previously, the
>opposing counsel wrote
>the Court order in his favor and my previous attorney had
>rejected it.
>
>
>1) Should I file the declaration stating the facts so that
>opposing
>counsel would not repeat this kind of stuff in future?

The only thing that will stop opposing counsel from playing games is for you to challenge the order as not conforming to the court's orders and prepared without providing the court with a copy of your objections (which is the minimum that the other attorney must do -- i.e., forward your objections with the proposed order).

>2) Will this kind of manipulation worthy of filing a compliant
>with local bar association?

Nope. Waste of time, unless you're the client complaining about your attorney. Your recourse is to the judge/court, not to the state bar association.

[socrateaser]

>My questions are as follows:
>
>1) What do you suggest I do in this situation?

The question you must answer first, is whether any of your objections would materially change the court's judgment. I don't know what your objections are, so I can't give you advice. If your objections are material, then you could have the judgment set aside, and perhaps have the other attorney cited for contempt.

>2) I filed the current motion. Opposing party is the
>petitioner. Who gets the chance to prepare the Court order after hearing typically?

The prevailing party, as usually determined by the court. But, if there's only one attorney, the attorney will always be instructed to prepare the judgment/final order.

[giftedsanta]

Many thanks for your responses.

My objections in this order would not change the Court's judgment and is not worthy of filing for Contempt. The previous time (two hearings before) it was. Previously, the opposing counsel wrote
the Court order in his favor and my previous attorney had rejected it.


1) Should I file the declaration stating the facts so that opposing
counsel would not repeat this kind of stuff in future?

2) Will this kind of manipulation worthy of filing a compliant with local bar association?

[socrateaser]

>Many thanks for your responses.
>
>My objections in this order would not change the Court's
>judgment and is not worthy of filing for Contempt. The
>previous time (two hearings before) it was. Previously, the
>opposing counsel wrote
>the Court order in his favor and my previous attorney had
>rejected it.
>
>
>1) Should I file the declaration stating the facts so that
>opposing
>counsel would not repeat this kind of stuff in future?

The only thing that will stop opposing counsel from playing games is for you to challenge the order as not conforming to the court's orders and prepared without providing the court with a copy of your objections (which is the minimum that the other attorney must do -- i.e., forward your objections with the proposed order).

>2) Will this kind of manipulation worthy of filing a compliant
>with local bar association?

Nope. Waste of time, unless you're the client complaining about your attorney. Your recourse is to the judge/court, not to the state bar association.