Legal Question in Civil Litigation in California

Night before court -haven't been able to reach lawyer

I have court tomorrow FOR INITIAL STATUS CONFERENCE& OSC in a civil suit.

I am being sued for $160k by someone who claims that I hit him (bicyclist), when in actually he ran into me. No witnesses. A He-said, She-said type of case.

I'm not entirely sure that my lawyer is going to show up tomorrow - because I have not gotten confirmation.

If he does not show up – what happens?


Asked on 3/13/06, 1:12 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Night before court -haven't been able to reach lawyer

If he doesn't show up the court will reschedule the hearing for a later date, and will also issue an order to show cause why he should not be sanctioned for missing the original hearing. In other words, your lawyer may get into a bit of trouble for missing the hearing but your case will not be in jeopardy.

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Answered on 3/13/06, 4:27 pm
Phyllis Voisenat Phyllis Voisenat, Esq.

Re: Night before court -haven't been able to reach lawyer

You must show up for court. If attorney does not, ask for continuance to get new attorney. Also, an initial conference is more of an administrative type hearing so the judge can put your case on schedule. Did you file cross complaint against biker since you say he hit you? You will need time to do this, so make sure you are not set for trial too soon.

Also, if you have filed an answer and you have an attorney of record, your attorney will have to answer to the judge if he/she fails to appear. Just don't let the court set any deadlines until you have counsel.

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Answered on 3/13/06, 6:25 pm


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