Legal Question in Civil Litigation in California
At a CMC conference I attended, the judge stated that Plaintiff was to give notice concerning trial dates. This notice was never sent by Plaintiff nor filed. What are the potential consequences of failure to give notice?
2 Answers from Attorneys
The potenital consequences are too situation specific and too numerous to mention, and would depend on things such as whether the other parties had actual notice, and whether they object. The main consequence would be that if the parties who did not receive notice fail to meet pretrial deadlines or show up for trial, the plaintiff would not be able to enforce the deadlines or get a default.
The most likely result is that the plaintiff or the plaintiff's attorney will be sanctioned monetarily for failing to comply with the court order.
If you are already aware of the trial dates, I would not sit on your haunches and miss important deadlines such as demanding and exchanging expert witness information, and preparation and submission of trial documents.