Our small company has sued another company for contractual fraud in the amount of $26,000+. The case went to default and we obtained a default judgment last year in September. The opposing party finally answered and successfully set aside the default in January. After looking at our online case summary on lasuperiouscourt.org, we have found that a "Conference-Case Management (OSC RE SERVICE/TRIAL SETTINGCONFERENCEPER M/O 01-20-12)" is scheduled for this Wednesday Feb 22. Our attorney has not contacted us about this hearing. Should we be worried? What should we have prepared?
Your attorney should have filed a Case Management Statement 15 calendar days prior to the Case Management Conference. There is really nothing else you need to do. Your attorney will most likely just get a trial date on February 22nd, and the judge may possible refer the case to mediation. No need to worry.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
I agree with Mr. Chen. The Case Management Conference is where the court makes sure everything is on track, then the court sets the dates for discovery and motion cut-off, the trial readiness conference, and the trial. There is no legal argument, no witnesses, and no other evidence. Clients rarely attend these conferences. These whole thing usually lasts five to ten minutes -- closer to five than to ten.
Your attorney should keep you informed about significant events in your case. However, there is no reason to tell you in advance about this hearing as it is not substantive, unless there are dates you and your witnesses will not be available for trial as the court will need to consider this in setting the trial date. I assume you've already discussed your availability with your attorney. If not, contact your attorney and make sure he or she knows your availability. Also, confirm your interest in being informed about events in the case.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
Is is not necessary for you to appear, and if you are represented by counsel, even if you did appear you would not be allowed to address the court. Your attorney will almost certainly keep you advised of any dates which are assigned by the court at the hearing, such as trial date.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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