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Anne_C
Anne_C, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2302
Experience:  California Attorney, Litigator, 15 Years' Experience
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I need help filling out case management statement, Im the defendent

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I need help filling out case management statement, Im the defendent with no council. I have already filed the answer contract and went to court on 01/08/2010, but was sanctioned $25.00 dol for not filing this cm110. at that time I did not know what this was.. can you help me? I have another court date on 03/08/2010.

Kristin
Submitted: 4 years ago.
Category: Consumer Protection Law
Expert:  Anne_C replied 4 years ago.
What state are you in?
Customer: replied 4 years ago.
Im in California, back in 07/07/09 I enrolled in Freedom Debt Relief Program, and included Household Financial Corporation in it. I recieved the summons on 09/27/09. I went to court on 11/10/09 to waive court,file and attorney fee's and was granted that all fee's be dismissed..I then had an court date on 01/08/10, I showed up, but like I said did not file an cmc, had no idea what this was, until I surfed the internet. again I have another court date on 03/08/10, Im hoping to file this statement asap..The court house is San Bernardino Superior Court of Rancho Cucamonga, CA. I owe the plaintiff 10,000 plus interest of 2,000 dollars, which in good faith I intend on paying back thru the Debt Relief Program, in which the plaintiff (HFC) I believe is not willing to negotiate at this time. just for your information, I have been paying HFC monthly for 2yrs until 3/2009, due to financial hardship thats when I enrolled in the Debt Program.
Expert:  Anne_C replied 4 years ago.

Thank you for the additional information.

 

You need to file a Case Management Conference Statement, which is available here: http://www.courtinfo.ca.gov/forms/fillable/cm110.pdf. The form is "fillable", which means you can type in the information it requests. However, it's not savable, so make sure that the form is correct when you print it.

 

You will serve the form on the Plaintiff's counsel using a Proof of Service, which is here: http://www.courtinfo.ca.gov/forms/fillable/pos040.pdf

 

You need to file the CMC Statement with the Court at least 10 Court days before the hearing. Here is a California Court date calculator: http://www.lasuperiorcourt.org/CourtDateCalculator/

 

You can file the form by taking to the Filing Window at the Court - I believe it's on the first floor of that Courthouse. File the original with the Court, and bring a copy with you for the Clerk to "Conform". A conformed copy is proof that you filed a document with the Court. Make sure you keep that with you in your files when you go to Court. San Bernardino Courts as a whole are notorious for losing filed documents, although Rancho Cucamonga is generally pretty good. You can also mail in the CMC statement to the Court for filing and enclose a post-paid envelope with a copy for of the CMC statement for the Clerk to conform. Taking it to the Court is preferable, though.

Anne_C, Lawyer
Satisfied Customers: 2302
Experience: California Attorney, Litigator, 15 Years' Experience
Anne_C and other Consumer Protection Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank-You Anne C for your answerSmile ., but please I need additional help in filling out the CM-110..page #1 thru page #4 if possible.. am I the party submitted by this statement? and am I the cross-complaint? and the Service which do I fill out? please Help! Im completely in the blind on filling this statement out, for this is not my line of work.. I would greatly appriciate more information from you in this matter.. this is very scary and frustrating as well, I hope I get this case resolved on the next court date..

 

Thank-you very much!

Expert:  Anne_C replied 4 years ago.

The purpose of the CMC statement is to let the Court know what's going on with the case.

 

When filling out a CMC Statement, you put your own contact information at the very top; and you copy the caption from other pleadings in the case. The CMC date and time and location goes in the box.

 

A party submitting it on their own behalf checks 1a and puts in their name.

 

2a is available on the Court's docket. 3 a is checked, unless more parties are being sued.

 

4a is the type of case.

 

4b describes what the parties are asking for from the court.

 

5 is whether or not a jury is requested.

 

6 is available on the docket.

 

7 is an estimate of trial time.

 

8 is where the parties state if they can't be at court on certain dates, for a good reason.

 

9 is preference, which is where the Court is told if the case has to be heard quickly.

 

10 is whether or not the parties have tried to work out the problem through mediation.

 

10d tells the court if you are willing to go to dispute resolution, if you haven't already.

 

11 is whether or not you will let the court try and help you resolve the case before trial

 

12 is insurance.

 

13, 14 and 15 are self-explanatory and often not applicable.

 

16 is whether the Court is going to hear motions by any party.

 

17 talks about discovery (please see the Code of Civil Procedure Section 2018.010 to 2038 for what this is).

 

18 tells the Court the value of the case.

 

19 tells the Court anything else that might affect trial.

 

20 talks about a joint meet and confer, which happens if you have discussed the CMC Statement with the other side.

 

21 is self-explanatory.

 

22 indicates that you are ready to talk to the Court about the case.

Anne_C, Lawyer
Satisfied Customers: 2302
Experience: California Attorney, Litigator, 15 Years' Experience
Anne_C and other Consumer Protection Law Specialists are ready to help you

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