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DID YOU KNOW BY ATTORNEY F.M. ZAVALA

Taking a Request for Order off calendar in California Divorce and Custody Courts


CCP 581 and Marriage of Seagondollar (2006) 139 Cal.App.4th 1116, 1128.

The issue is whether or not affirmative relief was requested in the responsive pleading. Family Code § 213 permits a responding party to request affirmative relief upon the same grounds pleaded in the moving RFO. If there was no affirmative relief sought (even if a responsive declaration was filed), then there is no reason a moving party cannot remove the pleading from the hearing calendar.


The point is whether or not affirmative relief was sought.


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