Q: Ex Filed Request for Trial Setting: How Do I File a Motion to Strike?
Question 1) My ex recently filed a Request for Trial Setting, but they haven’t yet filed their Preliminary Declaration of Disclosure (PDD). I’d like to file a Motion to Strike based on the missing PDD. Am I required to use Form FL-300 for this motion? or just Autho & Memo, Decl. If I’m e-filing, should I submit it under an “Objection” category?
Question 2) I filed for divorce in March 2023 and never complained about my ex’s failure to file her PDD until now. Does my motion still have merit, or could it be denied because I waited too long?
A: First, if the other party has not filed their FL141, the request for trial setting will be rejected. Second, you do not need to file a motion to strike that request. Instead, filing an objection to the request for trial setting is sufficient assuming you list all the valid bases for objecting to the request. Third, separately, you can file a motion to compel the other party to provide their financial disclosures, provided you have already provided yours. [See Family Code §2107]
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (909) 848-8448
- View Profile
- Answered
A: Some family court refer to such filings as "at-issue" memoranda. Contact a local attorney regarding how to get your case moving forward. [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.]
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A: Your delay in raising the PDD issue since March 2023 doesn't automatically defeat your motion. California Family Code Section 2107 requires both parties to complete their PDDs before trial can be set, and this requirement exists to protect both parties' rights to full financial disclosure. The court has discretion to consider your motion despite the delay, as the PDD requirement is fundamental to ensuring a fair division of assets.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
