Legal Question in Real Estate Law in California

I filed my answer (Pro Per)to a contract suit where I was named as a defendant. The case is a Fraud case and I am being named in a cause of action in this case for General Negligence. When I filed my answer at the courthouse the woman at the counter told me I had a Case Management Hearing to go to the following week. Do I need to file a Case Management Statement and do I need to go to this hearing? I was never served any notice of this hearing except when the woman at the courthouse mentioned it to me


Asked on 8/18/09, 5:32 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Yes, file and serve a completed CMC statement, even if it's late. Put an explanation in the "other issues" box. And, attend the CMC hearing.

Read more
Answered on 8/18/09, 5:48 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

That's one of the failings of being your own attorney....a lawyer would know that almost all newly-filed lawsuits will have a CMC set at the time of filing or by court order a short time later, and upon first involvement in a case, the lawyer will take the initiative to determine the date, time and courtroom.

You can get and fill in a CMS form (Judicial Council Form CM-110) on the Council's Web site.

A Case Management Conference is usually a very brief session on a crowded calendar with lots of lawyers from other cases sitting around waiting their turns. When the judge or clerk calls your case, you'll stand at the counsel table, introduce yourself, and then be prepared to answer a few simple questions from the judge. Typical questions a judge might address to the attorneys and self-represented parties might include (a) whether all parties have been brought into the case by being served or appearing; (b) whether the parties will agree to some form of alternative dispute resolution such as mediation; (c) whether a jury trial is wanted and when the case might be ready for trial; and (d) anything else the court wants to know regarding management of the case so as to conserve the judge's time and move the case to resolution by settlement or trial as expediently as possible.

No one is sworn in, no evidence is received, and no one testifies. Represented parties seldom attend, unless from sheer curiosity; it's an event for the attorneys and pro-pers.

Incidentally, this case seems to be "all over the map" - you say contract suit, then mention fraud, then general negligence. This is not unusual, but what is the main factor driving the suit?

Read more
Answered on 8/18/09, 7:59 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California