Case Management Conference

[Missy2r2]

Hello. I need some help. Not sure  if I am out of luck regarding my case, but just wanted to ask for advice. I posted in May about Midland suing me in California. I filed my answer and sent them my answers to the documents  and discovery they asked for. I just got a document in the mail today from Midland. It was a case management statement. It says there is one scheduled for October 28th. I never received notice of one, so I am just finding out this. I read that I am supposed to file the statement 15 days prior, but that time has already ran out. When I send out my answers to their requests I mailed them certified mail with a signature. The signature on the little green card I got is different than the signature on the complaint and case management statement. The person didn't even print their name like it asked, but another signature that is unreadable. I am not sure this will help me in anyway or if because the 15 days ran out, I am out of luck beating this.  Any help would be appreciated. Thanks so much in advance.

 

Also, on the case management statement it was checked that "the party of parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court."  I don't quite understand this, but I never met and conferred with the other party or parties in person or by telephone. Unless sending them my answers to their requests satisfies that? Thanks again.

[RyanEX]

Quite a few of us have been late filing/serving the CMC Statement, it may not even be noticed by anyone. Being late on it shouldn't impact your case at all. But do go ahead and complete it  and get it filed & get it served upon the plaintiff. As far as the differences in signatures go, there's nothing to that, don't worry about it.

Did the plaintiff call you at some point after filing their suit? To try and offer a settlement? They might be counting that as satisfying Rule 3.724. You can always call them to satisfy it, tell them you'll accept a dismissal - of course they'll decline. I think I wrote in my CMC that we didn't satisfy it. Judge never brought it up, in fact I don't think my judge even reviewed the CMC statement.

The CMC is easy. I'll write more on that later. Does concern me that you didn't receive notice about the CMC - it should have arrived in the mail. Also, are you keeping up with your case file online? The CMC would have been updated on the case file. You should be checking that once or twice a week to make sure nothing gets by you.

 

[Missy2r2]

Hi Ryan. Thanks for replying. That makes me feel better about the CMC Statement. I will try and get it done ASAP.  The plaintiff did not call me at all or leave any messages on my voicemail. They might have sent me a settlement offer in the mail, but that was right around when the case was started. I am not sure why I never received the notice. I had been keeping up with the case file online, but hadn't really checked this past month or two, since I didn't see any activity and I read where it can take awhile, especially in California. I wish i would have looked sooner. I will be sure to check it more often now. Thank you once again for your advice.