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Case Management Hearing - Amex

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I received a notice of Case Management Hearing in the mail for a $29,000 Amex suit. I have already filed my answer and affirmative defenses. I am going to do my best to fight this, but I am worried I don't know what to do at the hearing. Can I still file for discovery? I DV'd the attorney ages ago and received only partial statements from them. After I filed my answer, I heard nothing until now.

What are my options? And, what happens at a case management hearing?

Any input is greatly appreciated.

Thanks.

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Post the complaint. No pictures of it, type it and take out your name and round off the amount. For 29 large, they will pursue this.

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I received a notice of Case Management Hearing in the mail for a $29,000 Amex suit. I have already filed my answer and affirmative defenses. I am going to do my best to fight this, but I am worried I don't know what to do at the hearing. Can I still file for discovery? I DV'd the attorney ages ago and received only partial statements from them. After I filed my answer, I heard nothing until now.

What are my options? And, what happens at a case management hearing?

Any input is greatly appreciated.

Thanks.

Case Management hearing is no big deal. Actually, a nice way to make your first appearance in Court since nothing at all will happen and there is no reason what. The Court just wants to make sure that every defendant has been served and that unserved defendants have been dismissed. Also wants to find out whether there are any discovery problems, etc. You can do discovery now and after the conference.

You will need to meet and confer with plaintiff beforehand and file a CMC statement. (see California rule of Court Rules 3.724 and Rule 3.725):

http://www.courts.ca.gov/7260.htm?title=three

Call the plaintiff about a month before the CMC to meet and confer. Frequently, the plaintiff won't return your phone call. That is good for you because, in your statement, you can say that you tried to meet and confer but the plaintiff refused.

Here is a copy of the form you will need to fill out and file 15 calendar days before the hearing: http://www.courtinfo.ca.gov/forms/fillable/cm110.pdf

I would send a Bill of Particulars immediately. Might not be too hard for an OC to respond (if it is an OC here) but they may not respond on time. Then, you can also complain about the plaintiff's failure to respond in your CMC statement.

Good luck

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