Legal Question in Civil Litigation in California
I have filed an unlimited civil suit against multiple defendants and have just received a notice of case management hearing from the court which it I need to serve.
My questions are may I serve that by mail? And there is some vague language about "conferring with all parties of record of the matters to be discussed 30 days prior.
I am trying to get more specifics about what is meant by my contacting the attorneys and conferring.
Thanks
2 Answers from Attorneys
You may serve the notice of case management conference by mail on any defendant who has already been served with the summons and complaint. You can serve the notice with the summons and complaint on the remaining defendants.
You need to confer with opposing counsel about the various matters to be discussed at the case management conference. Also, be sure to file your case management statement on time.
You need to be focused on having the summons and complaint served first, and filing proofs of such service with the court. If you have not have the summons and complaint served, there is no reason for the court to have a case management conference. Instead, the court will be setting an order to show cause as to why your case should not be dismissed for a failure to serve. Your process server can serve the notice of the case management conference at the time the summons and complaint are served. That service should be personal, and not by mail.
Once the parties have been served and have retained attorneys or appeared in the action, you can do all the meeting and conferring you want.
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