Moreno Law Group

Initial Business Response /* (1000, 8, 2016/04/19) */
Thank you for providing us an opportunity to address Mr*** *** *** (hereafter Client) concernWe hope our response provides Client with a better understanding of the events which occurred in his case
Client retained us on
September 25, for representation on a requested Permanent Restraining Order against another partyClient had received a continuance at a September 24, hearing in order to hire an attorneyAt this hearing, the expiration date for an existing Temporary Restraining Order was extended to the next hearing date of October 28, At the October hearing, an amended Declaration was presented to the court and the court continued the matter to December 16, in order to have the opposing party properly servedThe court admonished client that it would not hear further consideration for a permanent restraining order without proof of service to the opposing partyClient mentioned after the hearing that he would continue working on locating the opposing party in order to properly serve herAt the December 16th hearing, Client again did not have proof of service and we requested of court another continuance in order to give client the opportunity to locate opposing partyThe continuance was granted to a new hearing date of January 21, At the December hearing, the Court again extended the temporary order to the next hearing dateUnder California law, a Judge cannot make permanent orders unless a temporarily restrained person is properly noticed and servedThe judge advised client that he would not continue extending the expiration date of the TRO past the next scheduled hearing and that it was incumbent upon him to provide proof of proper service at that hearing
Prior to appearing at the scheduled January hearing, our office spoke with Client regarding the mandatory Proof of ServiceClient stated that he was not able to locate the opposing party to be served, did not know her address nor how to obtain an address to serve herOur office recommended that he consider retaining the services of a private investigator experienced in locating people but he refused to do so, stating that he would continue looking for the party on his ownWe reminded Client that if he could not properly serve the opposing party, the Court would not hear the matter of the requested Permanent Restraining Order and would take it off calendar
On the date of the January hearing, client informed our office that he had not located opposing party and had not served herOur office also informed Client that the Attorney was running late from a court hearing in San Francisco the morning of January 21, and that he would probably be late for his hearing in VisaliaWe advised client to ask the court that the matter be trailed until the attorney arrived
Client informed our office that the Judge had called his case and ordered the matter taken off calendar as there was no evidence of proof of service in the file nor one presented at the court hearing that dateThe client made no mention to the court that the matter be trailed until the attorney arrivedEven so, with or without our presence at that moment, the court would have taken the matter off calendar absent the proof of service to opposing partyThe court had made this clear
On this same date, Attorney spoke with ClientClient informed attorney that the Judge ordered that the matter not be heard absent the Proof of ServiceThe judge had previously advised client that he would do soOn route to the hearing, the attorney turned back to our office
We informed the client that even though the matter was taken off calendar, there was nothing preventing him from filing a new request for restraining order and that should he find the opposing party's address, our office would prepare and assist Client with the preparation, filing, and representation on the new requested orderWe also informed client that we would also assist in preparing and filing a small claims petition against the opposing party, but again on the basis of him having a new address where the opposing party could be properly servedTo date, our office has not received any information from client regarding the opposing party's new address and/or his wishes to move forward in preparing and filing a new petition for restraining order and/or small claims
Our representation to client then and now is the same, as soon as he can provide our office with a good address or location of the opposing party, we will gladly prepare and file a new request for Restraining Order and/or small claimsAs we further represented to client, he will not owe our office any new fees for such service (minus any court filing fees or other outside costs)
A copy of our Contract is included with this submittalIn relevant part, a provision of contract provides that, "Client also understands and agrees to provide help and assistance in securing all the information necessary and required to provide the most effective service..."
We hope this provides for a better understanding of the circumstances related to Client's concernShould there be a need to provide any additional response and/or clarification for resolution purposes, we ask you provide us such opportunityOur office continues ready to assist Client in those matters discussed above