Javidi v. Superior Court, Family Court Contra Costa County

Background

Massoud Javidi, proceeding without a lawyer, sued the Superior Court, Family Court Contra Costa County, and Shirin Farokhian. He filed his initial complaint on July 14, 2021, and an amended complaint on November 9, 2021. On December 1, 2021, the Superior Court moved to dismiss the amended complaint.

Under the applicable local rule, Javidi’s response was due by December 15, 2021. He did not file a timely response. On December 22, the Superior Court asked the court to grant its motion as unopposed. That same day, Javidi filed a document stating that he opposed the request, and he filed an amended version on December 28. The court said those filings did not appear to be a proper opposition, although they contained some comments that appeared to address the motion to dismiss.

Court’s Action

The court explained that its standing order allowed it to treat the failure to file a timely response as consent to the requested relief. It also noted that it was required to consider less severe alternatives and that Javidi had recently expressed an intent to oppose the motion. The court therefore did not grant or deny the motion to dismiss at this stage. Instead, Judge Saundra B. Armstrong ordered Javidi to file and serve his opposition by January 21, 2022.

The order warned that if Javidi failed to respond on time or failed to follow applicable procedural rules, the motion could be granted and/or the action could be dismissed without further notice. If Javidi filed a timely response, the Superior Court could file a reply by January 28, 2022. The court also vacated the January 12 hearing and stated that it would decide the motion without oral argument.