djrazr

California - Mandatory Appearance Case Management Conference?

Recommended Posts

I'll go through this quickly

 

I am being sued, and was wrongfully served. No summons were left at my residence or work place

I went online to look up who was suing me. The company is a prop. mgmnt company and they mispelled my last name

I filed an answer which was a basic general denial

When the clerk too my payment for the answer, she seen that they had mispelled my last name and then added me to the case

 

I just looked on the website and see "Mandatory Appearance Case Management Conference" set for december  this year

 

What is  this about?

 

Thanks

 

Share this post


Link to post
Share on other sites

I'll go through this quickly

 

I am being sued, and was wrongfully served. No summons were left at my residence or work place

I went online to look up who was suing me. The company is a prop. mgmnt company and they mispelled my last name

I filed an answer which was a basic general denial

When the clerk too my payment for the answer, she seen that they had mispelled my last name and then added me to the case

 

I just looked on the website and see "Mandatory Appearance Case Management Conference" set for december  this year

 

What is  this about?

 

Thanks

What county are you in. This usually means you have to meet with the plaintiff regarding your case

Share this post


Link to post
Share on other sites

Welcome:

 

A Case Management Conference is scheduled in nearly every case.  It is simply an opportunity for the Court to make sure that all parties have been served and have entered an appearance in the case.  You will be in front of the Judge for about a minute.

 

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.courts.ca.gov/documents/cm110.pdf

 

I would send a BOP immediately.  Then, you can also complain about the plaintiff's failure to respond in your CMC statement.

 

Good luck

Share this post


Link to post
Share on other sites

Welcome:

 

A Case Management Conference is scheduled in nearly every case.  It is simply an opportunity for the Court to make sure that all parties have been served and have entered an appearance in the case.  You will be in front of the Judge for about a minute.

 

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.courts.ca.gov/documents/cm110.pdf

 

I would send a BOP immediately.  Then, you can also complain about the plaintiff's failure to respond in your CMC statement.

 

Good luck

what is a BOP?

Share this post


Link to post
Share on other sites

Bill of Particulars- it's a demand on them to account for all the activity and how they arrived at the dollar amount you're being sued for. 

 

 

The beauty is that they get 10 days to respond - if they fail to do so, you can get any "evidence" of that dollar amount precluded. 

 

If they do respond, it's often going to be incomplete... 

  • Like 1

Share this post


Link to post
Share on other sites

First of all you say you were not served. How exactly did you learn that you may have a suit in court? What prompted you to look and see? Since you answered the case the court will assume you were served you will have to prove you were not. Now, even if you waste all that time proving you were not served correctly the court will dismiss the case so they can serve you again. Since the case is in court you may as well go ahead and defend it.

 

What counts did they sue you under, breach of contract, account stated,,,? each one of these counts requires a different approach. BOP is correct unless they are suing you for account stated. But if they included breach of contract along with account a Bill of Particulars is correct. If it is only account stated you need a different approach. You will ask them for an accounting statement of the alleged debt starting from a zero balance. They will not have nor will they be able to produce this, unless they are the original creditor.

 

You send a BOP to the attorney. You send everything to the attorney.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.