I'm new to legal proceedings. Here is briefly what letter states: Case Management review not held. The court issues the following case order: other issues A order to show cause hearing is set for 7/25/08 at 9:00 AM in Department 108 Notice to be mailed by clerk. The court further orders as follows: RE: DISMISSAL FOR FAILURE TO FILE CASE MANAGEMENT STATEMENT. Date: 6/20/08 Name of Judge So as I understand it; the attorney and myself are to appear in courtroom 108 at said time to have case heard and ruled upon...is that right? The 'RE' statement is interesting though. Does that statement means that the court itself has determined that the plaintiff/Attorney did not follow proper case proceedings and may dismiss case? Or would this statement be just a report of my counter argument that I listed in my affirmative defense of my summons answer? Of which I asked for dismissal because being time- barred debt...and questionable amount owed. Again please explain court proceedings jargon as stipulated here. And more importantly, that RE staement. Note: I have recently found out that the debt is not really time-barred as far as California SOL goes. The attorney list 9/04/04 as the last current status...which makes it fall short of the 4YR CA. SOL. So I do not really have a strong case for dismissal. Question: should I still show up in court or what other stategy? I really do not want to default. But I may not have any other choice since I lack a strong argument now. Please give advice on this also.
You're relying on the enemy for your information. What do YOUR records show as the date of last payment? When did the account go delinquent and never again became current? Does a payment reset the SOL in your state, or is the SOL figured from the delinquency date? And, what does "last current status" mean? Does that mean the account was current then? Was it? If not, can you prove it?
follow-up to court letter The last current status is my own lingo for interpretation. Sorry, I didn't mean to confuse. My own records have been trashed...I thought the SOL was passed. I requested copies of my payment records from Attorney...no response. Called Cap 1. My acct # sent me to their legal dept. Whereupon they gave me the same last payment date. I looked at my credit report and that date falls under the heading 'date of status'. I see in my credit report that I have been passed due for 60 days on a number of times; including as far back as 2003. Again, please...I need help on two issues. 1. If the SOL does not benefit me (my only defense other than needing proof of amount owed) should I bother showing up in court? How should I proceed? 2. Does the RE statement mean anything? Or is this just the court letter stating my submitted request and reason for a dismissal?
Hi Rawlbl The RE statement means that the Court has scheduled a hearing to decide if the case will be dismissed because the parties did not file a Case Mangagement Statement. The parties are required to file this. From reading your previous post in another thread it looks like the case is in the Superior Court of California, Van Nuys, LA County. If I were you, I'd file the Case Management Statement this week, if possible. If you file this, the Court MAY vacate (cancel) the hearing on 7/25. If the court isn't too far from you, I'd file it in person. The court has a fillable Case Management form online at courtinfo.ca.gov under the Forms section. Once you file the Case Management Statement you can check the status of the case online at the courts website under Case Summary to see if the hearing is cancelled lasuperiorcourt.org under the Civil section and click Case Summaries. Good luck!
O.K. I'll go fille. But first, would it not be to my benefit not to file; since a dismissal would favor me. Ater all, I am the defendant. Thus it is the plaintiff's worry. Please comment as soon as possible.
Hi rawbl, Yes, it would be to your benefit if it was dismissed. I thought about that, but didn't want to suggest that. It's up to you. If you don't file one you will for sure have go appear for the Order to Show Cause hearing before the Judge on 7/25/08. If you don't file one and don't go, the Judge may schedule another hearing to possibly impose sanctions for not complying with the Court's orders. I really wouldn't want that to happen. If you file one in time, the hearing MAY (most likely) be vacated. Usually, shortly after a case is filed the Plaintiff should have served you with the Court's "Case Management Order" ordering the parties to file the Case Mgmt Statement. Did you receive one? From your previous posts regarding this, it appears that the Plaintiff's Atty is working the case, i.e. have sent you Discovery, and mentioned a Motion to compel a while back. So I would think the Plaintiff's Atty knows that they can still file their Case Mgmt Order now, and they might, or may already have. You may want to look up your case on the court's website today to check the status, see if they have filed a statement, and to see whether or not the 7/25/08 date is still on. honeycomb NOTE: THIS IS MY OPINION. I AM NOT AN ATTORNEY.
I looked at the case manangement statement form. It appears to me that this solely favors or applies to plaintiff/Attorney. In fact I'm not sure if I lose anything by not filing this form. Or even lose anything by not going to the hearing. Does anyone know what happens to defendant if he does not attend this hearing. Because it seems that that burden lies with the plaintiff. I do need advice on this. Cause I do not want to go to hearing only to have it serve as a benefit to plaintiff's Attorney.
You need to show up for that hearing. If you're right, and the judge is inclined to dismiss the case because the plaintiff has not filed the paperwork, that is a good thing for you. When the judge says he is dismissing the case, you need to speak up and politely ask, "Your honor, could you make that 'with prejudice?'" If you're lucky, he will. And that will keep the plaintiff from re-filing against you.
Generally speaking if you don't file an answer and you don't attend, courts will look at whatever the plaintiff provided and give them a default judgment if certain minimum requirements are met. These requirements might often be summed up as the legal equivalent of jumping over a limbo stick at its lowest setting. I would show up.
I think I really need help in understanding my responsibility in the case management statement. I am the defendant answering a summons/complaint. I filed my answer within which my affirmative defense asked for dismissal (being a time-barred debt). Done...no? If not done (and I do have to file a case management statement), is it because I have that counter claim for dismissal? Has anyone done a case mangement statement as a defendant? If so I gravely need your help in filling out the form. Thank You.
Rawbl, You received your Summons and you've filed your Answer, and one of your defenses was that it is time-barred. That part is done. The Case Mgmt Statement that the Court orders both parties to file is separate from the Answer. Both parties are required to file a Case Mgmt Statement, which can be filed separately, or jointly. The Case Mmgnt Statement lets the Court know what the progress (status) is on case, etc. I am in California and I have filed several Pro Se cases against original creditor and collection agencies and I have served the Defendants the Court's Case Mgmt Order and the Defendants have ALWAYS filed a Case Mgmt Statement as ordered, and I did too. When you go to the hearing, if the Plaintiff did not file their Statement, and don't show up the Judge will still be very inclined to dismiss their case at that point because they are not pursuing it, and you can ask the Judge to do so "with predjudice". What questions do you have about completing the Case Mgmt Form? This Case Mgmt Statement will help you because you will again state in there that it is time-barred, and when you go to the hearing you can tell the Judge that too. honeycomb
Thanks Honeycomb. You made quite clear the resposibilities of parties involved; regarding case management statement. Now, question 1:am I still the defendant and plaintiff still the plaintiff, as listed in summons? Q2: on pg1 #2b I listed 2/15/08 as cross-complaint filing action; which is really the affirmative defense statement in answer that was filed and copy sent to Attorney. Is that applicable? Q3: thus pg1 #4a would be checked cross-complaint? Q4: #5 jury or non-jury (which one is better?). Q5: #9 are there any preferences I should seek? Q6: #13 Under other I specified that my income is judgement proof. Is that applicable/appropriate here? Q7: #16 should I list my move for dismissal? Finally, is there a filing fee for the case management statement?
Hi Rawbl, You're welcome. I need you to clarify a couple of things: You just filed an Answer stating your defenses, correct? Did you file a Cross-Claim or Counterclaim, titled as such, along with your Answer? honeycomb
Honeycomb, No I did not file a C-C or Counter. I just answered summons in which I stated my affirmative defense and argument for case dismissal. That is why I thought the case management statement did not concern me. I.E., I am only the defendant. But I'm afraid now that you are going to tell me that I should have filed a C-C and counter along with my answer contract; in order for issues in my answer to be considered by court?
Hi Rawbal, That's fine, I just needed to know before I answered your questions. I will answer your questions in a bit. honeycomb
Rawbl, Yes, you are still the Defendant. Form # CM-110 #2b No â?? remove that because you didnâ??t file a cross-complaint (nor did you have to) (states that is to be answered by Plaintiff or Cross-Complainant only) # 3 Leave blank (states that is to be answered by Plaintiff or Cross-Complainant only) # 4A No, check â??Complaintâ? and describe their Complaint, their causes of action, i.e. that the Plaintiff seeks to collect on an ALLEGED debt â?¦..etc. # 5 Select what you prefer â?? trial or non-jury. (My preference would be jury trial â?? it probably wonâ??t get that far, but it would give me more time) # 9 None, leave blank # 13 Jurisdiction - This doesnâ??t have to do with your income exemption. Do you live within the courtâ??s jurisdiction, close to Van Nuys? If so, leave this blank. #16 Yes. Defendantâ??s Motion To Dismiss - This alleged debt is time-barred. The statute of limitations has run out. There should be no fee for filing the case management statement, but check with your court to make sure. honeycomb
Honeycomb, Fantastic! I must say...you are so very clear, precise,and informative in your conveyance of information. Thank You! Thank You!. I will now pull up my Case Management Statement form. And with a better understanding, make the necessary correctons and insertions. Thanks Again!
Rawbl, You're very welcome! I'm happy to help, as others have been a great help to me when I needed it! Good luck! I hope your case gets dismissed. honeycomb
I filed the CMS on 7/21/08. Went to 7/25/08 OSC hearing (no vacate info online). Court clerk (she also checked with Judge) informed me that I did not not have to come down. This was because I filed my CMS before the OSC date. So I left. Next day...looked online -says: 7/25/08 OSC HELD; MINUTE ORDER FILED. 7/25/08 NON-JURY TRIAL SET FOR _AT _ IN DEPT_. BTW, Plaintiff's Attorney has yet to file CMS. I was told to bring this up at trial...quick dismissal maybe? Comments?
Hi Rawbl,Now you should file a Motion to Dismiss on the grounds that statute of limitations has passed, etc. (and if they didn't file a cm and didn't show up for the hearing) also on the grounds of plaintiff's failure to prosecute the case. I haven't filed one, but if you search here there should be some examples.honeycomb
