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