I am not familiar with the local rules in Tustin. Each Court, and each Department within each Court can vary slightly in how and when it will accept documents. Because of this, I cannot speak to exactly how the Court may deal with your timing issues.
I can, however, tell you that as a general rule it's a good idea to bring multiple copies (one for the Judge, one for opposing counsel, and one for yourself). Just in case the documents are rejected as filed and served (or if not properly served) on the other side, the Court may allow improper or untimely documents to be considered at the OSC anyway, if everybody has one.
If the Court will not allow a declaration to be considered because it's not timely or proper, you may still discuss the issues verbally with the Court at the hearing. In that case, it might be helpful to make yourself a brief bullet-point outline of topics you want to remeber to present to the Court for consideration. This may help you not to forget the important stuff while in the (sometimes stressful) courtroom.
A final tip: "Your Honor" is how the Court is addressed. In Pro Per parties sometimes forget this.
Best of luck.
This communication does NOT create an attorney-client relationship. This communication is intended for general informational purposes only. This information should not be relied upon, and is not intended as legal advice. Furthermore, the general information provided may not apply to different or more elaborate facts.
There is nothing you can do at this point other than to hope the judge received the declaration (sometimes it takes a few days for the paperwork to reach the judge- this is more common in busy downtown LA, OC it probably got up there) and explain to the judge, if the issue comes up, as to why it was late. Most of the time, they will consider the arguments raised in the late filing.
Maryam Atighechi is a family law, real estate and civil litigation attorney in Sherman Oaks, CA. 818-647-1152. Please be advised that although Ms. Atighechi is an attorney, the comments posted does not constitute legal advice. You should not rely on any advice or suggestions written and seek outside, independent counsel. An attorney-client relationship has not formed by reading the post.