Legal Question in Credit and Debt Law in California

A friend of mine received a Notice of Hearing regarding a "Notice of Case Assignment for all Purposes Notices of Case Management Conference and Order to Show Cause Regarding Service of Summons and Complaint". It mentioned something about why the case shouldn't be dismissed for failure to serve summons & complaint. He is the defendant & is being sued by Citibank.

A date scheduled for Order to Show Cause re: summons service is set next month. What does this mean? Is my friend required to appear in Court? What happens if he's a no-show?

Can you explain it in simple basic layman's terms?

A Case Management Conference has also been set for May 2011. What does it mean for the defendant? I


Asked on 1/10/11, 5:28 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Your friend does not have to go to the OSC hearing. In fact, it might come off calendar because, apparently, your friend was served with the summons and complaint. Your friend must file a responsive pleading (answer, demurrer, motion to strike) within 30 days of service. Then your friend should complete, file and serve a form case management statement at least 15 days before the CMC and plan on attending. The judge will want to know whether and when the case will be ready for trial, the estimated time for the trial, and whether mediation will help resolve the case.

Read more
Answered on 1/15/11, 6:35 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California