Legal Question in Family Law in California
For the past year and half I have served to discoveries and made many attempts to receive some important documents from my soon to be ex-wife and she has refused to comply. I filed a motion against her and now her attorney is saying that my motion is invalid because I failed to attach a meet and confer declaration with my motion. He Denise that I ever communicated with him to meet and confer but he is lying. We had communicated by phone and two letters were sent to them; however, my attorney made a mistake and just sent the letters by regular mail. My attorney also did not attach a declaration of meet and confer to the motion filed with the court.They are hiding money and assets and they have perjured themselves many times. So what should I do now. Her lawyer has asked me to withdraw my motion or he will file a sanction against me. He has given me only one day to do so. Tomorrow is my trail setting conference, what should I do now?
She has transferred money from our joint account into a joint account that she shares with her mother and she refuses to provide the bank account information. In addition she cleaned up and closed our safe deposit box while I was out of the country and then under oath she accused me of committing such act.
I am representing my self from now on.
2 Answers from Attorneys
I wish you the best on navigating through the complex world of family law litigation without counsel. Each court has local rules as well as the California Rules of Court that the litigants must follow or risk injuring their case by not properly following these court mandated procedures. I urge you to meet with an experienced family law attorney to assist you on assessing your legal options.
A motion to compel discovery does not require a meet and confer declaration. A motion to compel is used in a situation where no responses to discovery were ever provided.
A meet and confer declaration is required where a party files a motion to compel further responses. That is a situation where a party did respond, but the moving party feels the responses are inadequate, either because the responses do not answer the questions asked, or the objections are improper.
In my experience, family law attorneys generally lack experience with the normal civil discovery procedures. Have you discussed any of these issues with your attorney?
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