Legal Question in Real Estate Law in California

Re: California Rule 3.725

You already asked this question. This ain't internet law school. If you don't know what you are doing, either hire a lawyer, or stop trying to play amateur lawyer and tell the other side you want to settle.

Re: California Rule 3.725

Nobody was required to provide you with a CM 110 and nobody was required to tell you when it was due. Assuming you got notice of a Case Management Conference, you were supposed to know that a CM 110 was due. Litigation (like surgery) is INCREDIBLY difficult without the help of a licensed professional.

It can be done, it just takes a tremendous amount of research and patience.

Re: California Rule 3.725

Many courts, perhaps all California superior courts, require that plaintiffs serve more than just a summons and complaint when initially service process on defendants. This required package often includes an ADR (alternative dispute resolution) packet a notice of the time, date and location of the first case management conference, and a blank CM-110 for the convenience of the defendant. You didn't furnish your Zip code, so I can't look up the service requirement under your local rules, but I'll bet that's why you received a blank CM-110, if you did.

The summons does indeed give you 30 days to respond, but your response needs to be an ANSWER (or demurrer, etc.) and NOT a CM-110. I hope you understood this.

The proper use of the CM-110 form is to fill it out, file and serve a copy on all other parties (which can be done by mail, by someone who isn't a party to the case), at least 15 calendar days before the first Case Management Conference (and each subsequent CMC as well).

All the other parties should also file and serve CM-110s at least 15 days before each CMC. Some judges will order monetary sanctions against parties (or attorneys) who fail timely to file and serve their CM-110.

The first CMC is usually held about four months after the suit is filed. On a suit I filed about a week ago in Sonoma County Superior Court, the first CMC will be on June 2nd. So, very likely the reason your opponent has not served you with a CM-110 is that it won't be due for three months or so.

If it's important to you to win this case, I join with Messrs. Stone and Berger in recommending that you retain counsel.