Mr. Chen has provided an excellent response. However, I will add the observation that the court normally does not set a trial date if the case is not at issue. If not all parties have not yet been served and appeared, the case is not at issue. If I were you I would file a declaration with the court apologizing to the court for missing the conference and explaining that not all parties have appeared yet and therefore the case is not at issue. The court may vacate the trial date and set a new status conference date down the line. Good luck.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.Ask a similar question
Proceduraly, you would not be requesting "another" Case Management Conference because the court apparently already conducted the CMC without you. Rather, if you believe a trial continuance is necessary, you need to file a motion to continue trial. See California Rules of Court, Rule 3.1332.
The court may grant a continuance only upon an affirmative showing of good cause. “The court must look beyond the limited facts which cause a litigant to request a last-minute continuance and consider the degree of diligence his or her efforts to bring the case to trial, including participating in earlier court hearings, conducting discovery, and preparing for trial.” (Oliveros v. County of Los Angeles (2004) 120 Cal.App.4th 1389, 1395, citing Link v. Cater (1998) 60 Cal.App.4th 1315, 1324-1325.)
California Rules of Court, Rule 3.1332 defines the circumstances that may indicate good cause to include:
(1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances;
(2) The unavailability of a party because of death, illness, or other excusable circumstances;
(3) The unavailability of trial counsel because of death, illness, or other excusable circumstances;
(4) The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice;
(5) The addition of a new party if:
(A) The new party has not had a reasonable opportunity to conduct discovery and prepare for trial; or
(B) The other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party's involvement in the case;
(6) A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or
(7) A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.Ask a similar question
In any event, you need to get all your defendants served and start discovery ASAP. You should not count on the Court granting you an extension of the length you seek, or indeed, granting you any extension at all. As the plaintiff, you have the obligation to move the case forward.Ask a similar question