Lammers

This writ proceeding asks us to rule on the constitutional validity of San Diego County Superior Court, Local Rules, Family Law, rule 5.12.J (Rule 5.12.J or the Rule), the family law court “pre-read” rule. Petitioner Michael J. Lammers contends that Rule 5.12.J, on its face and as applied to him in an interim support order to show cause (OSC) proceeding, violated his right to due process under the Fourteenth Amendment of the United States Constitution and article I, section 7, subdivision (a) of the California Constitution. As we shall explain, we hold the Rule is facially constitutional. As to petitioner, we conclude it was misapplied denying him due process; however, any resulting prejudice was cured by the later hearing and modification order. Accordingly, we deny the petition.

Factual and Procedural Background

On November 19, 1999, real party in interest Mischelle K. Lammers applied for an OSC regarding child support, spousal support and child custody. Hearing was set for February 15, 2000. She filed a supporting income and expense declaration on February 2. Michael timely filed his income and expense declaration on the next day, as well as his responsive papers on…