QUESTION

When a pre-trial conference is stricken from the court dock by the defendant may the plaintiff apply for new date?

Asked on Apr 26th, 2013 on Divorce - California
More details to this question:
Husband keeps stalling, wanting to wait until the last minute then change everything. Said this time was due to needing the vin numbers off the automobiles which one was a gift and the other I bought after we separated. I want this to be over. I filed in June of 2012 my pre-trial conference was April 23th. There is nothing to fight for, I left the our house and bought my own with money from the job I have. He has a house and everything he needs to care for our 3 children on his weekends. I want to be finish so I can move forward.
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3 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Talk to your attorney. If you don't have one, get one. Chances are that will speed things up right quick.
Answered on Apr 29th, 2013 at 4:16 AM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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Generally a continuance and not a drop is ordered. Did you ask that the case simply be continued rather than dropped? If it has been dropped you can get it reset for pre-trial and trial dates.
Answered on Apr 29th, 2013 at 3:56 AM

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Yes, you can file for a trial date to get him moving... Have your atty prepare a Stipulated Judgment incluiding the terms you believe are agreed upon by both of you. Send him a letter asking that he sign it or PUT IN WRITING what changes he would make. Bring your letter and the Stipulated Judgment to court, and ask for sanctions under FC 271 for not negotiating with you, and for unreasonably delaying the process.
Answered on Apr 28th, 2013 at 10:04 PM

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