Q: Can I file an RFO changing the dealer/broker the judge named to handle the sale of a classic car ?
Can I file an RFO changing the dealer/broker the judge named (during divorce trial) to handle the sale of a classic car due to a preexisting relationship between the dealer and the other party? I was ordered on 4-11-24 to transfer the car to the dealer within 7 days. I assume that the car must be transferred regardless of whether or not an RFO is filed?
A:
Under California law, you can file a Request for Order (RFO) to modify the court's previous order regarding the dealer/broker appointed to handle the sale of the classic car. However, filing an RFO does not automatically stay or suspend the court's original order.
If you believe that there is a preexisting relationship between the dealer and the other party that could lead to bias or unfairness in the sale process, you should:
1. File the RFO as soon as possible, explaining your reasons for requesting a change in the dealer/broker and providing any evidence supporting your claim of a preexisting relationship.
2. Comply with the court's original order to transfer the car to the designated dealer within 7 days, as ordered on April 11, 2024, unless your attorney advises otherwise or you obtain a stay of the order from the court.
3. Serve the other party with the RFO and supporting documents, following the proper legal procedures.
4. Attend the hearing on your RFO and present your case to the judge, who will then decide whether to modify the previous order and appoint a new dealer/broker.
It is crucial to consult with a family law attorney to discuss your specific situation and to ensure that you follow the proper legal procedures when filing an RFO and complying with the court's orders.
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