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Meet and Confer California


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We have a case management conference coming up and there is a mandatory meet and confer requirement thirty days before the cmc. The thirty days have passed and we haven't heard anything from the plaintiffs. We called them four times yesterday to try to amicably meet and confer over the phone and they never returned our calls.

How many more times should we call them or write a note before we file a motion to get sanctions?

BTW: Have any of you guys been through a meet and confer before?

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I would send them a quick letter saying you have called four times to try to M&C but they have not returned the phone call.

Then you can say that they did not respond to your calls or letter. You will not get sanctioned if you try and they refuse.

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The attorney called and we set a date for the meet and confer via telephone. He asked if there was anything in particular he should look at to prepare, I told him that I didn't know and that he should just look over the papers relating to the case. I am nervous and don't know what to expect. He wasn't discourteous or anything, but still I was unnerved after talking to him.

Have any of you gone thru a meet and confer prior to a case management conference? If so what should we expect?

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I have done it many times. Nothing to be worried about. Your County may have local rules about what to discuss. There is also a California Rule of Court:

Rule 3.724. Duty to meet and confer

Unless the court orders another time period, no later than 30 calendar days before the date set for the case management conference, the parties must meet and confer, in person or by telephone, to consider each of the issues identified in rule 3.727 and, in addition, to consider the following:

(1)Resolving any discovery disputes and setting a discovery schedule;

(2)Identifying and, if possible, informally resolving any anticipated motions;

(3)Identifying the facts and issues in the case that are uncontested and may be the subject of stipulation;

(4)Identifying the facts and issues in the case that are in dispute;

(5)Determining whether the issues in the case can be narrowed by eliminating any claims or defenses by means of a motion or otherwise;

(6)Determining whether settlement is possible;

(7)Identifying the dates on which all parties and their attorneys are available or not available for trial, including the reasons for unavailability; and

(8)Other relevant matters.

Which items are relevant will depend upon your case. For example, if the plaintiff has not responded to discovery, this would be a great time to discuss why or agree on a timetable for your motion to compel. Depending on your case, you may be able to stipulate to certain facts (date of last activity?) which would make it easier to resolve an issue such as the SOL.

Good luck.

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Thanks for your response CaLawyer. Yes I saw the local rules of court for what we are supposed to talk about, but am still nervous. This is because we haven't sent any discovery requests to them other than a request for a bill of particulars and that was unsatisfactory. Our local rules say we have to meet and confer before we try to file a motion, which be for a more definite statement. They haven't sent us any discovery requests or anything. This is a slow moving process. I think the slowness of it is driving me mad!

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After setting up a phone appt with plaintiffs attorney for this morning, he totally flaked; we even left a msg. We have to submit our case management questionairre and I am wondering what to say. I am also wondering if we do a motion to say that their failure to mandc prejudiced us significantly?

Any advice on this would be greatly appreciated.

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Don't forget to send a certifed letter to the plantiffs atty stating that an appointment had been set for the meet and confer and that the party failed to comply. Just in case their attorney has a laspe of memory and want to use that as an excuse for a continuance.xdancex

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Say that you had to call 4 times to get a response and then they did not meet at the scheduled time. Tell the Court that is too bad because you wanted to discuss the deficient response to the Bill of Particulars. List the problems with it and attach it to your CMC statement. Suggest to the Court that if the plaintiff isn't interested in litigating the case, it should be dismissed now because it is a lot of work for a pro per to follow all of the rules and it is difficult when the party bringing the claim does not comply with its obligations.

In other words, have some fun with it...

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thanks for responding guys. wouldn't you know that the attorney called. the meet and confer was short and somewhat unproductive. he said that he didn't have our file in front of him and asked if we had any questions. we agreed for a bench trial in a couple of months, but not much else. we didn't bring up the bill of particulars and are wondering if how we should approach that.

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