Annulment Process Starts at Court Office

Q. My husband and I have been married for two years and are now separated. We were married in a quick ceremony in Tijuana, Mexico. Do I file for annulment in Mexico or in the United States? How do I go about filing for an annulment?

T.C.,

Irvine

A. California will recognize the legality of any marriage performed in a foreign country as long as it is valid in that country.

You do not have to file for an annulment in Mexico. You can file for one in California if either one of you lives in this state.

Which county you file in will depend upon several factors. If you file for the annulment, you must file in the county in which your husband lives. If he does not live in California or if you do not know where he is in this state, you may file in any California county.

As with a divorce, you must file certain papers with the Superior Court and serve them on your husband. For the proper papers to begin the proceeding, you should contact the clerk’s office of the Superior Court in the county in which your case would be heard.

Q. A few days ago I was driving on the freeway when a small rock flew from a gravel truck and hit my windshield. It chipped the windshield and put a small crack in it. I was able to get most of the license plate number off the trailer (the rest was covered with mud) and the name of the company from the driver’s door. I called the company and was told it was not responsible. Is it?

E.L.,

Irvine

A. The company would be responsible if you could prove that the gravel came from the truck. Your chances of winning the case would be reduced if it can be shown that the gravel was already on the road and it hit your windshield after the truck ran over it.

If the damage to your vehicle is less than $2,000, you could sue the company in small claims court. You would have to testify as to what you saw and why you believe the company’s truck caused the damage to your windshield.

If you decide to pursue a small-claims suit, you can obtain the proper forms from the clerk’s office of the Municipal Court. Deciding which Municipal Court you should file in would be determined by where the incident occurred or where the company’s principal place of business is.

Q. What can an ordinary citizen do to appeal the refusal of a local police department to enforce the laws of California? I have made two complaints against a certain person to the police. The first was for keeping some money that I had entrusted to him to make a mortgage payment for me. The second was for forging my signature to a check that was made out to me and cashing it. In both cases, the police refused to do anything about it. What can I do?

W.E.,

Buena Park

A. The normal procedure is for the police to investigate a citizen’s complaint and refer the matter for criminal filing to the district attorney’s office if the police believe that there is enough evidence to support a charge. The district attorney then decides whether charges will actually be filed.

Generally, the police will not refer the matter to the district attorney if the police think that there is not enough evidence. Frequently, citizens in positions such as yours will make direct contact with the district attorney’s office themselves, but doing so still does not guarantee that the district attorney will be persuaded to file any charges.

You can always sue in civil court for any money you believe you have lost.

B. Tam Nomoto, an Orange County Municipal Court judge, answers readers’ questions about the law. Ask the Judge runs every other Saturday in Orange County Life. Have a question for Judge Nomoto? Write to: Ask the Judge, Orange County Life, The Times, 1375 Sunflower Ave., Costa Mesa, Calif. 92626. Questions of broadest interest will be answered in her column.