What happens if case is taken off calendar?

[Nicci_E]

The petitioner and respondent live in different counties, in California.

If the petitioner for an Order to Show Cause does not appear at the hearing and the case is taken off calendar, can the respondent then file his own dissolution papers in the county where he resides? So far, the petitioner has filed OSC and Summons, respondent has filed a response, but this hearing will have been the first.

Thanks

 

[seniorjudge]

You cannot split your cause of action.

That means you can only have one lawsuit going.

 

[Nicci_E]

So, what exactly does it mean to have a case taken off calendar? I assume it's more than a continuence, yes? The lawsuit is still pending, then? Does the respondent have any means of resetting the hearing, or is he at the petitioner's mercy?

Thanks for your help.

 

[seniorjudge]

Sounds like a general continuance to me.

If you want something set, then you have to do it.