San Francisco, CA asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Landlord - Tenant for California

Q: Can a county clerk give the papers I dropped off for filing to a judge who then renders a decision without my knowledge?

I was attempting to get my papers filed to then serve on the other side. I dropped them off for filing. I was put off 3 days with the reason "they are not ready". When I explained I just wanted to have them filed to then serve the other side, they had no explanation. They gave them to a judge who denied my Motion for failure to give notice to the other side! Note: I had give 48 hrs notice before attempting to file in the first place!

1 Lawyer Answer
James R. Dickinson
James R. Dickinson
  • San Bernardino, CA
  • Licensed in California

A: It depends what it is. If you filed for a restraining order, then many counties will set a hearing re: temporary orders. I'd say however the most common practice is for the court to make a determination regarding issuing temporary orders based solely on the papers. Speak with a local attorney regarding your case. Good luck. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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