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Attorney took my Modification of Support Off Calendar, without my permission or authority. They were not retained in the matter

San Diego, CA |

Huge Problem!
I have several motions and actions currently in family court San Diego, and I retained an attorney(former SD city prosecutor) on a limited scope to handle a Contempt Complaint I brought. I have the retainer and a letter which both substantiate this attorney was only authorized for matters regarding contempt in which I was the moving party.

Separately, I had filed a Simplified Motion for Modification of Support (1/24/2012), in which I was Pro Per.

Unbeknownst to me and for some unknown and unexplained reason, this attorney took my Motion for Modification OFF CALENDAR...

I am now liable for almost 12 months of support @ $650/month despite a $120,000 shift in income favoring mother. I just want guideline, mother was unemployed and has been fully employed 2+ years

Attorney Answers 3


I have read your post twice but do not see a question. I assume you intended to ask: What do I do now?

The court has inherent power to correct clerical mistakes. Assuming the attorney had no authority to take the matter off-calendar, and the court should have known that, perhaps you can move the court for an order re-setting the matter for hearing, nunc pro tunc. You can also move for relief under C.C.P. section 473.

Good luck.

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Thank you very much. Knowledge of a nunc pro tunc judgement is exactly what I needed to competently draft the motion. You have been very helpful!


I have added Family Law to your categories so you can get more anwers.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Mr Daymude is correct ... but your first action should have been to ask this attorney why he did what he did. Perhaps he was acting in your best interest. If not, ask HIM to reset the matter for hearing.

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