OC dragging feet - CA

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OC dragging feet - CA

Unread postby gamingdad » Tue Aug 08, 2017 6:26 pm

OC has had my signed stipulation agreement for almost 6 weeks. Not sure if EX has signed her portion.
My lawyer is getting frustrated as well.
Can I do anything to move the process along? Any delays only benefit the ex.
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Re: OC dragging feet - CA

Unread postby BartSimpson » Tue Aug 08, 2017 6:54 pm

Motion to . . . Something something? Compel, Complete, Show Cognitive Inefficiency?
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Re: OC dragging feet - CA

Unread postby TJinCA » Tue Aug 08, 2017 7:02 pm

gamingdad wrote:OC has had my signed stipulation agreement for almost 6 weeks. Not sure if EX has signed her portion.
My lawyer is getting frustrated as well.
Can I do anything to move the process along? Any delays only benefit the ex.


I'm assuming that this stipulation is something your ex has already agreed to in principle/verbally.

Turn your stipulation into a Request for Order (or an At Issue Memo, if it's your entire settlement), file it and get a hearing on the calendar. Then she can either execute the stipulation she already agreed to or pay her lawyer to respond and argue about your RFO in court. Probably cheaper for her to get the stipulation done. Either way you've got the hearing as a forcing function.

I'm kind of surprised that your lawyer is frustrated but doesn't know how to kick this into gear.
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Re: OC dragging feet - CA

Unread postby gamingdad » Tue Aug 08, 2017 7:04 pm

Motion to complete. But that seems like it could be invalidated as duress?
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Re: OC dragging feet - CA

Unread postby TJinCA » Tue Aug 08, 2017 7:06 pm

gamingdad wrote:Motion to complete. But that seems like it could be invalidated as duress?


Yeah, I think stipulation = voluntary so she has the right not to sign it. But if she doesn't you can ask the court to address the issues in the stipulation, and she'll have to respond to that.

I had this situation with a modification to temp spousal support. We both agreed to a new number but her lawyer took months to get a draft stipulation done. I filed an RFO, got a hearing date about a month out, and had the signed stipulation from them within about a week. Hearing cancelled.
Last edited by TJinCA on Tue Aug 08, 2017 7:09 pm, edited 1 time in total.
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Re: OC dragging feet - CA

Unread postby gamingdad » Tue Aug 08, 2017 7:06 pm

Lawyer won't don't anything unless I say so, so I have to ask. Wasn't sure what to ask for.
Thanks.
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Re: OC dragging feet - CA

Unread postby BartSimpson » Tue Aug 08, 2017 8:27 pm

I think it is the RFO you want. Where is Jim Rockford, I think he has gone through this.
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Re: OC dragging feet - CA

Unread postby gamingdad » Tue Aug 08, 2017 9:24 pm

The stipulation agreement is what we hammered out in the hallway during our last settlement conference.
Had to kick it back a couple of times due to misspelled names and to change the verbage used. No core changes, just clarifying phrases added.
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Re: OC dragging feet - CA

Unread postby gamingdad » Tue Sep 05, 2017 10:34 pm

Ugh. Finally. Stipulation agreement has been filled.
Anyone in CA able to say what's next? Is it really just a rubber stamp and I'm done?
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Re: OC dragging feet - CA

Unread postby Outis » Tue Sep 05, 2017 10:45 pm

Usually just a rubber stamp. Mine was turned around very quickly.
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