court employees to simply ignore the law, according to the source, who provided the information on the condition of anonymity because they could be subject to retaliation for the disclosure.
To continue reading Part 1 of our series Color of Law, click Read more >> below.
Omission of FL-190 Reduces Appeals by Family Court Parties Without Lawyers "This has been going on for years and judges, attorneys, the family law facilitator, the court of appeal, everyone is in on this. One objective is to reduce or eliminate appeals by the indigent and self-represented," the source explained. "The FL-190 is the first notification they get that they even have appeal rights. Without the notice, most pro per parties are completely unaware that they can appeal child custody, visitation, support and many other rulings from OSC and motion hearings." The mandatory Judicial Council form contains a notification about the right to appeal a court order, and a warning that exhibits may be destroyed or disposed of after 60 days from the expiration of the appeal time.
LAURIE M. EARL (10) NO CONTACT ORDERS (10) SHARON A. LUERAS (10) WHISTLEBLOWERS (10) CARLSSON CASE (9) RAPTON-KARRES (9) CHRISTINA VOLKERS (8) FERRIS CASE (8) JESSICA HERNANDEZ (8) JULIE SETZER (7) YOUTUBE (7) 3rd DISTRICT COA (6) CIVIL RIGHTS (6)
Indigent and self-represented Sacramento Family Court parties do not receive this notice about their right to appeal child custody/visitation, support and other orders.
California Supreme Court Confirms FL-190 Mandatory In a 2007 decision, Alan v. American Honda Motor Co., the California Supreme Court emphasized the importance of the mandatory Judicial Council FL-190 form, and that the requirement is unique and specific to family law proceedings. According to the Supreme Court, one critical function of the form is to establish the time frame within which an appeal of law and motion orders can be filed. "The clerk is required to give notice only in designated family law matters (Code Civ. Proc., § 664.5, subd. (a); rule 5.134)...In those family law proceedings in which the clerk must always give notice, rule 5.134 requires the clerk to use a Judicial Council form (FL-190) specifically drafted to ensure compliance with rule 8.104(a)(1). Obviously, problems are more likely to occur when no approved form of notice is available...The Judicial Council form (FL-190) that clerks must use in family law proceedings...avoids ambiguity...by bearing the title, "Notice of Entry of Judgement," and by including at the bottom of its single page a form for the clerk's certificate of mailing." Click here to view Alan v. American Honda Motor Co. Sacramento Family Court clerks not only do not file and serve the FL-190 form as required by law, they permit Sacramento County Bar Association Family Law Section lawyers to file a counterfeit version of the form which omits both the appeal rights notification and the clerk's certificate of mailing.The fictitious form also is served by a private sector lawyer - not a neutral public court clerk as required by both the Code of Civil Procedure and the state court rules. Using in place of the state mandated form an unauthorized, self-serving form that omits appeal rights and other important notifications required by law also raises moral turpitude and other ethical implications against attorneys who engage in the deception. Click here for our complete report on the counterfeit form issue.
CHRISTINA ARCURI (5) CONTEMPT (5) THADD BLIZZARD (5) FAMILY LAW FACILITATOR
(4) LUAN CASE (4) CANTIL-SAKAUYE (3) MIKE NEWDOW (2)
WE SUPPORT Electronic Frontier Foundation First Amendment Coalition Californians Aware
LAW BLOGS WE LIKE Family Law Professor Blog Law Librarian Blog Law Professor Blogs Thurman Arnold Family Law Blog Kafkaesq Above the Law The Divorce Artist
The clerks certificate of mailing at the bottom of the FL-190 form contains information critical to filing a timely appeal.
LEGAL NEWS & INFORMATION