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sample 1
Prepared for a Family Law Attorney
Issue 1:
Order-shortening request was not presented as a completed emergency-order package
Category:
Procedural defect
Judicial Council form issue
filing-readiness issue
Authority or Citation Involved:
Judicial Council form FL-300, items 8 and 9; California Rules of Court, rule 5.92(d)(1)-(3); Kern County Superior Court Family Law Emergency/Ex Parte Procedures
Quoted Language or Text at Issue:
The box for “TEMPORARY EMERGENCY ORDERS” is not checked, while item 8 on page 4 requests shortened service and an earlier hearing.
Supporting Authority:
Cal. Rules of Court, rule 5.92(d)(1)-(3); Kern County Superior Court, Family Law Emergency/Ex Parte Procedures (rev. July 2025).
Problem
A request to shorten the statutory service period is governed by the emergency/ex parte procedure. The received packet does not contain a completed FL-305 proposed emergency order or FL-303 notice declaration, and the FL-300 does not identify the filing as a temporary emergency request. The court may still act on an order-shortening request, but the presentation is procedurally incomplete and may delay or defeat the requested relief.
Recommended Correction
A request to shorten the statutory service period is governed by the emergency/ex parte procedure. The received packet does not contain a completed FL-305 proposed emergency order or FL-303 notice declaration, and the FL-300 does not identify the filing as a temporary emergency request. The court may still act on an order-shortening request, but the presentation is procedurally incomplete and may delay or defeat the requested relief.
sample 2
Prepared for a Family Law Attorney
Issue 16:
Typographical and duplicative wording errors
Category:
Spelling/grammar issue
publication-readiness issue
Authority or Citation Involved:
None cited
Quoted Language or Text at Issue:
“BWM”: “I do not agree to agree to Petitioner’s proposed terms”
Problem
The vehicle make is misspelled, and the duplicated phrase reads as an editing error.
Recommended Correction
Replace “BWM” with “BMW” and “I do not agree to agree” with “I do not agree.”
sample 3
Prepared for a Real Estate Defense Attorney
Issue 4:
Demurrer grounds are not separately and distinctly stated
Category:
Procedural defect
demurrer form
Form/Page/Item
Sequential pages 1–2, notice and stated grounds
Authority or Citation Involved:
Code Civ. Proc., §§ 430.10(e), 430.10(f), 430.60; Cal. Rules of Court, rule 3.1320(a)
Quoted Language or Text at Issue:
“the Complaint is uncertain and fails to state a cause of action against this defendant.”
Supporting Authority:
Code Civ. Proc., § 430.10; Code Civ. Proc., § 430.60; Cal. Rules of Court, rule 3.1320(a)
Problem
The notice combines two statutory grounds in a single general sentence and does not state, in separate paragraphs, whether each ground is directed to the entire pleading or to specified causes of action.
Why It Matters:
A demurrer may be disregarded when the grounds are not distinctly specified, and rule 3.1320 requires separate grounds and identification of the challenged pleading or cause of action.
Recommended Correction
Add a separately numbered “Demurrer” section that states each statutory ground in its own paragraph and identifies the exact causes of action—or the entire First Amended Verified Complaint—to which each ground applies.
sample 4
Prepared for a Family Law Attorney
Issue 2:
The home and gifted-property treatment conflicts with the client’s stated position and the operative forms
Category:
Property characterization
requested relief
internal consistency
legal-analysis error
Form/Page/Item
Case Activity, packet page 1: FL-100 items 9-10, packet pages 5-6; initial FL-160, packet pages 7-9; FL-120 item 10, packet page 19; amended FL-160, packet pages 31-33; October 1 email, packet page 55.
Authority or Citation Involved:
Family Code sections 760, 770, 852, and 2640; FL-100 items 9-10; FL-160.
Quoted Language or Text at Issue:
The case note says title is held in petitioner’s name as “married sole and separate property,” that her parents contributed approximately $7,000 and gifted furnishings, and that petitioner wants to keep the home. The filed petition says there is no separate property, and both FL-160 versions propose a 50/50 division of the home’s net value.
Supporting Authority:
Family Code § 760; Family Code § 770; Family Code § 852; Family Code § 2640; Official FL-100; Official FL-160 information
Problem
The client’s asserted facts and objective are not reflected in the supplied operative petition or property declarations. The respondent, meanwhile, alleges the home is community property. The packet therefore presents a material, unresolved characterization dispute rather than a consistent request.
Why It Matters:
The court generally cannot grant a property disposition that is not properly requested and supported. Incorrect characterization can affect title, reimbursement, equalization, settlement, evidence, and the proposed judgment.
Recommended Correction
Attorney/filer should verify the legal selection and requested relief; determine whether petitioner claims separate ownership, a community interest, reimbursement, or another allocation; identify the writings, deed, escrow records, source-of-funds evidence, loan history, and alleged agreement supporting the position; then ensure the operative pleading, disclosure schedules, settlement position, and proposed judgment use the same characterization and requested disposition.