chiquita55 Posted March 16, 2011 Report Share Posted March 16, 2011 I have my first case management hearing is next Friday. I filed my case management papers a couple of weeks ago. I have never heard a thing from the other side. I wend online and I notice there are dozens and dozens and dozens of these cases all heard at 9am that day (same time as mine). Do I have to sit there thru all that til they get to my name??? Does anyone know what the judge will do when they finally get to me? I suspect I will be the only one or one of a very few that are there to fight their case. What if the lawyer from the other side doesn't show up? Can I ask that the case be dismissed if he doesn't show? That lawyer hasn't said a word since I filed a response to their lawsuit. Is that normal? They haven't asked for anything. I am ready to ask for some discovery or advanced questions (I forget the term for that) but was told not to file anything until I hear from the other side first. Just wondering what I can expect there now. thanks for any info. Link to comment Share on other sites More sharing options...
Chapel Hill Posted March 17, 2011 Report Share Posted March 17, 2011 The initial case management conference is simply a show up hearing to handle routine items. Have all defendants been served or dismissed, where are you in the discovery process, what that the outstanding issues, what is the estimate of the time to try the case. This first case management conference is also the time where a good jurist will try to get the case settled via alternative dispute resolution ie mediation. He or she may also send the case over to a commissioner for non-binding arbitration.Did you receive the other side's case management statement? Why haven't you initiated your discovery? What research have you conducted at the local law library? Did that research help you to uncover a cause of action for a cross complaint? With respect to Friday, show up early. Speak clearly, look the jurist in the eye and simply state what you filed. You should have an idea how many days your defense your take you. If you're gonna put on a counter claim you should know if you can do that in a short cause hearing or if you will need days to make your case. You're not dealing with anything more than anyone else is dealing with. Spend your time in the law library and you will get the result your work deserves. Most judges won't kick a case simply because the other side doesn't show. If that does happen however you can use it to begin your process of showing the judge why he or she should rule in your favor in a bench trial. Simply put, if the other side does not show it speaks to a tremendous disrespect for the rule of law and the particular jurist. You would want to capitalize on that. Your actions, your demeanor and your pleading will exploit a careless plaintiff's counsel. If fact if you have marginally competent lawyer representing the plaintiff the incentive to file a cross would jump 2000%. Good luck. Review the plaintiff's statement sooner rather than later. Make your disagreements to anything filed by the other side known to the judge in a clear and concise manner. Link to comment Share on other sites More sharing options...
chiquita55 Posted March 17, 2011 Author Report Share Posted March 17, 2011 Thank you for your comments. However I am very green at this. I have never been sued. I have no idea how long the case would last. I left that part blank. I am taking this case 1 step at a time and come here with my questions. The other side has sent me no case management form. They have 1 week to do so as the hearing is in a week.What if they send me no copy of the case management form they were suppose to file? Is that a penalty? Anything I should do about that? I have never heard 1 word from them. I was told to wait til they made a move to ask for discovery. Is that the wrong thing to do? When it is my time to make a move I will be asking for discovery. Proof that they have the right to sue, proof that there was ever a contract, proof of how much I owe, an accounting of every dollar they claim I owe etc. They have provided nothing. No proof I owe anything. To my knowledge I have no reason to file a claim against them. They claim they sent me a letter demanding payment but I never received anything to my knowledge. That would be the only thing. My only defense is to see if they have proof of this bill, their right to sue (do they have standing), if they have a copy of the contract and a listing of all the charges they claim I owe. Link to comment Share on other sites More sharing options...
chiquita55 Posted March 17, 2011 Author Report Share Posted March 17, 2011 Any more responses from here? This place looks a little quiet these days Link to comment Share on other sites More sharing options...
donqII Posted March 17, 2011 Report Share Posted March 17, 2011 I did not have a case management hearing in my court, but the day I went to be sure to be there was the day they were scheduling for judgment motions and needing the court to sign off on alternative service.They called each of those by name, and they were alphabetical order.Then they called the names for the scheduling ones. Again in alphabetical order.For myself, I was glad I was not called first because it gave me a chance to see and hear what was going on before I was called. Link to comment Share on other sites More sharing options...
Chapel Hill Posted March 17, 2011 Report Share Posted March 17, 2011 Thank you for your comments. However I am very green at this. I have never been sued. I have no idea how long the case would last. I left that part blank. I am taking this case 1 step at a time and come here with my questions. The other side has sent me no case management form. They have 1 week to do so as the hearing is in a week.There should be standing orders with respect to when the case management conference statement is due. Refer to the document from the court you were served. It will say specifically when due. What if they send me no copy of the case management form they were suppose to file? Is that a penalty? Anything I should do about that? If you dont get a copy of their CMC statement I'd file a declaration talking about how important it is to follow the rule of law and how busy the court's calendar is. Basically I would really lay it on thick how not having their document is an absolute insult to the court. This would be part of an overall strategy. You have to come up with your own legal strategy and play this out that way. I would not let their non-compliance go unchecked. I have never heard 1 word from them. I was told to wait til they made a move to ask for discovery. Is that the wrong thing to do? The plaintiff in your case has a process. You should to. Their lack of prosecution of their case has nothing to do with your defense. At the very least you should use the standard judicial council form discovery just to get engage. Your engagement of them may be enough for them to dismiss without prejudice against you. You have to bring the pain if you want a dismissal with prejudice and cash. When it is my time to make a move I will be asking for discovery. Proof that they have the right to sue, proof that there was ever a contract, proof of how much I owe, an accounting of every dollar they claim I owe etc. They have provided nothing. No proof I owe anything. To my knowledge I have no reason to file a claim against them. They claim they sent me a letter demanding payment but I never received anything to my knowledge. That would be the only thing. My only defense is to see if they have proof of this bill, their right to sue (do they have standing), if they have a copy of the contract and a listing of all the charges they claim I owe.You don't have the burden of proof in your case, the plaintiff does. In California they can not try the case by ambush. Conduct your discovery so that at trial you can say I never saw that document. I was never presented this evidence. If you can not afford an attorney you should spend time researching this type of case in the local law library and at the local court house. Pulling cases online won't get you human contact with folks who have actually stood in open court and had a judge be really mean to them. The thick skin is required it you intend to prosecute claims to verdict. Link to comment Share on other sites More sharing options...
Chapel Hill Posted March 21, 2011 Report Share Posted March 21, 2011 I did not have a case management hearing in my court, but the day I went to be sure to be there was the day they were scheduling for judgment motions and needing the court to sign off on alternative service.===========================================In your jurisdiction no case management conference robbed you of the first at bat for the trial jurist to clear his/her calendar. You see dong II when a case is poorly defended the California result is always a loss by the consumer even when the claim brought is weak. Good jurist know this and therefore use CMC as a means to close out a case with ADR. Now with hundreds of these cases filed in the metropolitan areas of California every day by less than a dozen law firms how many good jurists are pushing ADR is anyone's guess. Socal is different from the bay area which is different from the rural or ag areas of California. Link to comment Share on other sites More sharing options...
Chapel Hill Posted March 25, 2011 Report Share Posted March 25, 2011 In California's metropolitan areas the very first case management conference is an excellent opportunity to handle administrative things. These collection law firms hate to give up email addresses. California courts prefer that ex parte matters come to the clerk in the court assigned via email. Well the first best chance to knock the other side back is to posture in open court that the cross-defendant's trial counsel has yet to supply both the court and the cross-plaintiff their email address thereby impeding the business of the court. No way to walk back from. So the other side gets an early clear message that every time you're in court you're going to come at them very hard and most of the time you're gonna WIN. Link to comment Share on other sites More sharing options...
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