Legal Question in Business Law in California

I am a defendant in a unlimited civil case. An answer of General Denial was given and I did not appear at the Further CMC as required by the local rules of court.

I just got a letter on a notice of hearing on OSC:RE: DISMISSAL to show cause why the case should not be dismissed for my failure to appear at the CMC.

It also states: def's failure to appear may result in answer bing stricken. any written opposition to the dismissal must be filed at least 5 days prior to the above hearing date.

I have not received any letter from the plaintiff regarding the opposition.

Does this mean that the judge wants to dismiss the case? Should I appear on this hearing? why or why not.


Asked on 8/06/14, 12:40 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You're in deep trouble. Being your own attorney is proving to be a disaster.

You are required to appear at all Case Management Conferences, and any other hearings ordered by the court. The court has set an Order to Show Cause (OSC) and is looking for a written explanation of your failure to attend or participate in the previously scheduled CMC. If you fail to file a response and/ or fail to show up, the court will more than likely order your answer stricken and your default will be entered.

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Answered on 8/06/14, 12:49 pm
Terry A. Nelson Nelson & Lawless

For pete's sake, the court sends you notice that the case will be dismissed upon the occurrence of some event, and you ask if that means the case will be dismissed.

YES, it will be dismissed if proper action is not taken. What that action is can be determined from your post and the court notice. You said you are a defendant, that you filed an Answer, but did not appear at CMC, leading the court to give you clear notice that your Answer will be stricken and YOUR side of the case will be dismissed, thus allowing a default judgment to be issued against you, unless you straighten this out.

It is clear you do not understand any of the court rules and procedures. You should promptly hire an attorney who does, to avoid a default judgment against you.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these litigation cases for many years.

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Answered on 8/06/14, 12:55 pm


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