My Meet & Confer ignored so far. Pretrial date coming up

[whattodocacourt]

Okay, it's been 19 days since I mailed the 2nd M&C letter. The first was the initial M&C BOP. The 2nd was a M&C for the responses were inadequate.

I was served with requests for POD, RFA & FI which I answered on 3/8th.

I haven't heard from JDB's Atty's since.

As far as I understand, I should file a MTC now. Is there time, since the Pretrial is 4/16th? Today, I wrote out my Time Line, which I totally advise to any Newbies. Start your timeline and date Collate your paperwork, staple your signed receipts to your documents as they come in. It's a headache putting it all together after your file is an 1 1/2 inches thick!

Also, I've read you need a statement for MTC, but do you still need this statement for a MTC BOP? Any examples?

Signed,

Me

[rikkivs]

You are cutting it very close and need to check your local rules of court AND your local rules of civil procedure for timelines on filing motions. You have sent them two meet and confer letters, but have you called and left a message for them? I understand how you feel because the attorneys for plaintiff in our case keep blowing our requests off too. But you need to show diligence in trying to meet and confer before motions are filed. Different cases reveal that there is a notion of 'sufficiency of meet and confer efforts.'

Sending out two letters doesn't necessarily fit the bill. HOWEVER if you sent them two meet and confer letters and have left voice mail messages for the attorney of record to call you back, then that would be seen as sufficient in the eyes of the court. Because you are limited in time, the only thing I could see is if you filed an ex parte motion to compel since they've been nonresponsive. However, you will need to show that you tried contacting them a couple more times imho. It just doesn't seem like any judge ever honors the ten day deadline set up in the law, which confuses many pro se litigants. For some reason more courts treat the requirements of CCP 454 like discovery, so they want litigants to file Motions to compel.

Lastly you say pretrial conference, is that a case management conference or settlement conference? Different counties seem to have different lingo on these types of hearings.

[whattodocacourt]

You are cutting it very close and need to check your local rules of court AND your local rules of civil procedure for timelines on filing motions. You have sent them two meet and confer letters, but have you called and left a message for them? I understand how you feel because the attorneys for plaintiff in our case keep blowing our requests off too. But you need to show diligence in trying to meet and confer before motions are filed. Different cases reveal that there is a notion of 'sufficiency of meet and confer efforts.'

Sending out two letters doesn't necessarily fit the bill. HOWEVER if you sent them two meet and confer letters and have left voice mail messages for the attorney of record to call you back, then that would be seen as sufficient in the eyes of the court. Because you are limited in time, the only thing I could see is if you filed an ex parte motion to compel since they've been nonresponsive. However, you will need to show that you tried contacting them a couple more times imho. It just doesn't seem like any judge ever honors the ten day deadline set up in the law, which confuses many pro se litigants. For some reason more courts treat the requirements of CCP 454 like discovery, so they want litigants to file Motions to compel.

Lastly you say pretrial conference, is that a case management conference or settlement conference? Different counties seem to have different lingo on these types of hearings.

Thanks rikkivs. I'm going to call the CA Court tomorrow again to find out exactly what type of date it is. I'm almost positive it's called Pretrial Conference which I believe is the same as Case Management.

Maybe I should also call the attorney. Can I record? or will they record?

[calawyer]

Thanks rikkivs. I'm going to call the CA Court tomorrow again to find out exactly what type of date it is. I'm almost positive it's called Pretrial Conference which I believe is the same as Case Management.

Maybe I should also call the attorney. Can I record? or will they record?

Has the Court set a trial date yet? If not, this may just be a conference to ask the parties what the status is and whether the case can be set for trial. Did the Court ask you to submit a CMC statement?

In any event, if the Court asks whether the case is ready, you want to tell the Court that plaintiff has failed to serve a proper response to your BOP and you will need to file a motion to compel (if, in fact, that is what you want to do). So ask the Court to set it far enough in advance so you can have it heard before trial.

[whattodocacourt]

Thanks Calawyer. Well, of course I wait to call the court house on a day it's closed! Now I have to wait until Monday to see exactly what type of date it is.

[legaleagle]

I'm curious as to why you want to compel someone to produce evidence that will only serve to lose your case. The meet and confer, motion to compel, etc, are optional, not required. Usually these are used when the information sought will help you win, not lose. CAlawyer? What do you think? I'm a bit put off by CA procedure.

[johnbing75]

This is just general litigation summary (as usual varies by state):

Generally, as a defendant, you really want to know what evidence plaintiff possess to prove their case. This will at least assist you in defending the case. During discovery, you may find out information that may help you in your defense. For example, if in the credit card agreement, there was a provision stating the applicable state law. This could be used for a statute of limitation defense if the state law in the credit card agreement had a 3 years statute of limitation as opposed to the defendant's state law that had a 4 years statute of limitation. This may apply if the complaint was filed after 3 years, but before the 4 years time period.

In addition, the burden is on the creditor/collection agency to prove their case. In California, if plaintiff fails to produce requested information during discovery and intends to produce that evidence at trial, then the defendant may move before trial (by way of a motion in limine) to preclude the non-disclosed information/evidence based on unfair and prejudicial suprise at trial.

As stated above, this is just general information and is only a couple of reasons why you want to know what information/evidence plaintiff possess.

[calawyer]

This is just general litigation summary (as usual varies by state):

Generally, as a defendant, you really want to know what evidence plaintiff possess to prove their case. This will at least assist you in defending the case. During discovery, you may find out information that may help you in your defense. For example, if in the credit card agreement, there was a provision stating the applicable state law. This could be used for a statute of limitation defense if the state law in the credit card agreement had a 3 years statute of limitation as opposed to the defendant's state law that had a 4 years statute of limitation. This may apply if the complaint was filed after 3 years, but before the 4 years time period.

In addition, the burden is on the creditor/collection agency to prove their case. In California, if plaintiff fails to produce requested information during discovery and intends to produce that evidence at trial, then the defendant may move before trial (by way of a motion in limine) to preclude the non-disclosed information/evidence based on unfair and prejudicial suprise at trial.

As stated above, this is just general information and is only a couple of reasons why you want to know what information/evidence plaintiff possess.

Plus it costs JDBs money to get docs from the OC. Many won't do it even when a Court orders a further Bill (or won't have time because the Court usually orders compliance in 10 days). So you will likely end up with a preclusion order. And a judge that is not happy with the plaintiff.

[whattodocacourt]

I'm curious as to why you want to compel someone to produce evidence that will only serve to lose your case. The meet and confer, motion to compel, etc, are optional, not required. Usually these are used when the information sought will help you win, not lose. CAlawyer? What do you think? I'm a bit put off by CA procedure.

Hi Legaleagle!

Actually I just found this on the LA Civil Court website:

DISCOVERY DISPUTES:

Prior to bringing a discovery motion, counsel are requested to meet and confer and see if some or all of the issues can be resolved. The preferred method is to either have a face to face meeting or a telephone conference. If the parties need help in resolving the issues informally, they are welcome to set up an informal discovery conference with the Court.

To set up an informal discovery conference, the parties need to all agree that the Court may have such a conference. Once that is done, please call the Courtroom to select a date and time. These conferences whether in person, or by conference call, can be arranged on short notice.

[whattodocacourt]

Okay, I found out it's called a "Case Management Review", the date is April 16th. What can I expect? At this time do they bring anything they are going to present in court? Do I get copies of everything they present? If they still don't have payment proof, contract, etc. Do I file a Motion to Confer?

Thanks in advance!

[calawyer]

Okay, I found out it's called a "Case Management Review", the date is April 16th. What can I expect? At this time do they bring anything they are going to present in court? Do I get copies of everything they present? If they still don't have payment proof, contract, etc. Do I file a Motion to Confer?

Thanks in advance!

Nothing. THe Court wants to make sure everyone has been served and has appeared and that discovery is going OK. You are supposed to file a case management statement before the conference. Here is the form: http://www.courts.ca.gov/documents/cm110.pdf

Search my posts for CMC or case management conference for more info.

[whattodocacourt]

Nothing. THe Court wants to make sure everyone has been served and has appeared and that discovery is going OK. You are supposed to file a case management statement before the conference. Here is the form: http://www.courts.ca.gov/documents/cm110.pdf

Search my posts for CMC or case management conference for more info.

Thanks CALAWYER,

Wow, I had no idea I had to file something. If I have to, then Plaintiff also has to correct? I accidently stumbled upon this date by calling the court, What if the Plaintiff doesnt show up? Or, can they show up by phone? I havent had a chance to do research yet on CM. Ive been dealing with prior year taxes and dealines and offers in compromise with the GOV. Never ends. Just want to bury my head. Which I cant do, because Ive done that for too long!

[calawyer]

Thanks CALAWYER,

Wow, I had no idea I had to file something. If I have to, then Plaintiff also has to correct? I accidently stumbled upon this date by calling the court, What if the Plaintiff doesnt show up? Or, can they show up by phone? I havent had a chance to do research yet on CM. Ive been dealing with prior year taxes and dealines and offers in compromise with the GOV. Never ends. Just want to bury my head. Which I cant do, because Ive done that for too long!

Yes they are supposed to file something (Title Three Rules)

Look at 3.720 and the following sections for more info:

Title Three Rules

They will probably send a rent-a-lawyer, although sometimes they don't show at all. Be sure you are there. Get there early so you can see what other people do. It is no big deal, but after you watch one or two, you won't be nervous when it is your turn.

[whattodocacourt]

Yes they are supposed to file something (Title Three Rules)

Look at 3.720 and the following sections for more info:

Title Three Rules

They will probably send a rent-a-lawyer, although sometimes they don't show at all. Be sure you are there. Get there early so you can see what other people do. It is no big deal, but after you watch one or two, you won't be nervous when it is your turn.

Thanks.

Now I'm wondering if I even need to go. I'll go, but I was never notified to go by the court. According to the following:

(e) Option to excuse attendance at initial conferences in limited civil cases

By local rule the court may provide that counsel and self-represented parties are not to attend an initial case management conference in limited civil cases unless ordered to do so by the court.

[Seadragon]

The court will sanction if you or they don't file the case management statements, the court likes to make people pay for the case management statement non filing.

also a case management hearing is also a good oppurtunity to ask the court to rule on discovery objections. and you could also ask to set the trial date like 60 days out from the hearing that is a nice way to f the temp attorneys day up.

push trial to preclude filing MSJ ie 75 days before. It also f's the plaintiff's computer controlled suit trial timing. so you should attend you can do alot of damage to them.

[notlawyer]

DISCOVERY DISPUTES:

Prior to bringing a discovery motion, counsel are requested to meet and confer and see if some or all of the issues can be resolved. The preferred method is to either have a face to face meeting or a telephone conference. If the parties need help in resolving the issues informally, they are welcome to set up an informal discovery conference with the Court.

To set up an informal discovery conference, the parties need to all agree that the Court may have such a conference. Once that is done, please call the Courtroom to select a date and time. These conferences whether in person, or by conference call, can be arranged on short notice.

Does anyone know if the Defendant can have a non-lawyer friend/advisor on the phone during a "meet and confer" telephone conference or informal face to face conference?

[calawyer]

Does anyone know if the Defendant can have a non-lawyer friend/advisor on the phone during a "meet and confer" telephone conference or informal face to face conference?

Depends what they are doing. You will not be meeting in person, so we are talking about a phone call. The person could listen in to help you later. But if they talk and advocate for you, it is starting to sound like the unauthorized practice of law.