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Missed Case Management Conference hearing!


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I mistakenly missed my Case Management Conference hearing (CA) on 3/11/11 (I thought it was 3/21/11), and the plaintiff served me with a

"Notice of Case Management Hearing and Hearing on an Order to Show Cause Why Answer Should Not Be Stricken"

What is this, exactly? At the Case Management Conference hearing I went to for a different case all I did was sign in, told the judge I was indeed representing myself and ready for trial and that was it. How will this new hearing differ from the original Case Management Conference hearing that I missed?

The plaintiff had tried too hard to get me to settle - an indication they're doing their best to avoid trial; my guess is they don't even have proof as they told me they would send it to me and never did. I am counter suing for FDCPA violations and have witnesses, including my own employer. Perhaps that's why. Nevertheless, I don't want them to get a default judgment.

Can I still serve them with discovery requests? I'd like to include a list of admissions, such as "Plaintiff admits Plaintiff has not provided Defendant with debt validation" etc. Then again, from what I've read they never bother answering.

Help appreciated.

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And see if you can reschedule the hearing and OR submit your case management statement. Usually mistakes are made by both parties and one mistake can be forgiven. It's not like you missed trial...check out your local rules of court and also see about responding to their motion.

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I agree. Call the court and do something about this or the judge may dismiss your answer and they will get a default judgment. The judge at my CM hearing threatened everyone with dismissing their answer and giving a default judgment if they missed any hearings and said it was up to them to show up etc etc. I would answer those papers you got and call the court and ask about the missed CM and get your form in too. Thats where they give you a trial date, at least here in Calif.

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  • 2 weeks later...

The clerk said that because I didn't show up at the Conference Management hearing they scheduled this new hearing. My question is, how will it differ from a Conference Management? What should I tell the judge to show why he shouldn't throw out my answer?

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Yes, I would be honest too and tell the judge you mistakenly wrote the date on your calendar wrong and you will be much more careful in the future and that you are ready and willing to move forward with the case toward trial. Whatever you do, if the judge allows the case to go on, don't miss anything else.

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The clerk said that because I didn't show up at the Conference Management hearing they scheduled this new hearing. My question is, how will it differ from a Conference Management? What should I tell the judge to show why he shouldn't throw out my answer?

You mentioned an OSC. Does it tell you that you must respond or your answer will be striken? Is there a hearing on the OSC?

If so, you need to file a written "Response to OSC". Tell the Court that you made a mistake and thought it was 10 days later. Say you are committed to vigorously defending this case and will do you utmost to attend any and all future hearings. Ask that the OSC be discharged and no sanction levied. Make sure you show up at the OSC hearing if it is held and all future hearings.

Good luck.

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You mentioned an OSC. Does it tell you that you must respond or your answer will be striken? Is there a hearing on the OSC?

If so, you need to file a written "Response to OSC". Tell the Court that you made a mistake and thought it was 10 days later. Say you are committed to vigorously defending this case and will do you utmost to attend any and all future hearings. Ask that the OSC be discharged and no sanction levied. Make sure you show up at the OSC hearing if it is held and all future hearings.

Good luck.

The notice I received in the mail didn't say I needed to file a written response, let alone give me a deadline to do it. Would the notice say so explicitly that I need to file a written response? Is there a form for this response that I need to file, or does it need to be on pleading paper format? Do I submit to court clerk along with proof of service?

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Is there a form for this? Or should I just use pleading paper? Does it have to be served to the plaintiff as well?

No form. Use pleading paper. Call it Defendant's Response to Order To Show Cause Re___ (whatever the order was called). It can be very short. I posted above what I think you should say. You need to get it in ASAP so the Court can read it before the hearing.

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Do I need to have it served to the plaintiff? Thanks again for all the info and suggestions.

I think Calawyer is more concerned about the judge seeing it - what do the rules of civil procedure say? When in doubt, it prolly wouldn't hurt to have it served to the plaintiff.

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Do I need to have it served to the plaintiff? Thanks again for all the info and suggestions.

yes. Almost everything that is filed in Court in California should be served on the other side. But you just have to have someone drop it in the mail for you and fill out a simple form (or you fill it out and have them sign). A form with the full text and instructions can be found here: http://www.courtinfo.ca.gov/forms/fillable/pos030.pdf

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So the hearing is tomorrow, what should I expect?

I would show up early so you can see other cases. No telling what will happen in your case. Just be sincere, apologize to the Court and to your opposing counsel and promise not to do it again. Also, be prepared to give the Court an update on the status of the case (what discovery has been served, what still needs to be served) and when it will be ready for trial.

Good luck.

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