Do I file a motion? What is the motion called. How does everyone involved get notified. Does everyone have to agree?
You may not want to. In the Case Management Conference, the Court interacts with the parties, find out what they need to proceed, and then decides when and where to hold a trial. The Court may also entertain significant motions at that time. If you need more time to prepare, ask the other side to stipulate to a continuance. That solves your issues.
If this response is helpful, please mark it as "best" and/or "helpful." It helps me learn what information is the most helpful for Avvo users. This response is for general informational purposes only, and it is not intended to be specific advice to any individual, nor does it create an attorney-client relationship. It is based on California law only and does not purport to apply to any other jurisdiction. I am licensed only in the State of California. All cases turn on their own unique facts and law, and need to be carefully considered on their own merits.
In San Francisco Superior Court, trial/settlement conference dates are set by the Presiding Judge. These dates can be changed by stipulation (a written agreement with the other party) or by a motion. Start by communicating with the opposing party's attorney to see if the opposing party agrees to the proposal. If you can get an agreement about new dates (or range of dates), you would prepare a stipulation, have opposing counsel sign it, file it with the court and make an ex parte appearance in the Presiding Judge's department. The Presiding Judge should then approve the new date(s). If you cannot get an agreement you would need to file a motion to ask the court to change the date(s).
This answer is for general information purposes only and is not legal advice. No attorney-client relationship is intended or formed by the posting of this answer. Law Office of Lisa J. Espada * San Francisco, CA *
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