Legal Question in Personal Injury in California

Re: help with case management statement

The case management statement provides information to the judge as to the nature of the case, the status of the case and other procedural items. Depending on the court you are in, there should be a place to describe your case in general and your defense. Please note though, that this is not a evidentiary hearing, so no decision are made. Finally, I would reccomend that you seek the counsel of an attorney, as being in pro per is a difficult task. If you are in the area and desire further consultation, please feel free to contact our office.

Re: help with case management statement

Thanks for your posting.

Case management statements rely heavily on the local rules of the county courts where your case is being heard.

For example, in Los Angeles, the rules require as follows:

"(b) Conduct of Case Management Conference/Review.

(2) No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement using Judicial Council Form CM-110, and serve it on all parties in the case. (CRC 212(g))

(Rule 7.9(b)(1)&(2) newly added and effective 1/1/2003.)"

I strongly urge you to check the local rules to make sure you are using a mandatory form or at least giving the court the information requested.

Regarding your question about dismissing the case, the purpose of the case management conference, or the statement, is only to give the judge an indication of whether or not the parties are ready for trial, or whether or not alternative settlement procedures are appropriate. Nothing in the case management conference alone will dismiss your case.

If you are past the stage for a demurrer of the complaint, you may need to bring a motion for summary judgment.

I hope this helps, but if you need more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.

Re: help with case management statement

If you're filling out this form, it tells me you're already knee-deep in litigation. You should have gotten help earlier to knock out the lawsuit at an earlier stage.

For now, file the statement on time but you might want to see a paralegal to do a motion to dismiss you as a defendant. Or, prepare a letter yourself with all the facts, attach copies of your documents and bring it to the next court hearning and make an oral motion to the judge to dismiss you "with prejudice on the court's own motion." If you are in Orange County, I'd be glad to give you further help. Sam Eagle 714-963-5123.

Re: help with case management statement

It is not the CMC statement that you want to worry about (other than to say you will be filing summary judgment). You need to do discovery to be able to prove your case and possibly file summary judgment. I do not know, based on what you said, what your defenses are, but you will need to address them properly and hopefully you stated the proper affirmative defenses in your answer.

www.SelikLaw.com

Joel Selik

800-894-2889