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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87565
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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the defendant cancelled the Mandatory Settlement Conference

Resolved Question:

the defendant cancelled the Mandatory Settlement Conference because the medical reason.
can they do that?
thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

What do you mean by "cancelled" it - did they not show up, or, did they send notice that they have contacted the court and cancelled it ahead of time?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


they call my attorney, and my attorney call me to cancell


thank you. the Mandatory Settlement Conference is 1:30 pm and my attorney called me around 10am to cancel


thank you

Expert:  Ely replied 1 year ago.
Thank you, D.

The Court at its discretion can agree to cancel a Mandatory Settlement Conference. It is not that it is cancelled, but simply "moved" to later. A new date may or may not have been established.

Some courts will require a full MOTION FOR CONTINUANCE to do this, and some will allow it simply by a telephone call.

So yes, I am afraid that this is allowed.

However, if the other party has LIED about the reason, and you have proof, they may be sanctioned/held in contempt by the Court.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87565
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

if the defendant die, will this case be over


thank you

Expert:  Ely replied 1 year ago.
D,

What is the case about? Can you please tell me what you are suing them for? Some claims may be attached to the estate...
Customer: replied 1 year ago.

it is a civil case and suiting for money. if the defendant, than there will be no more trial, and no judgment

thank you

Expert:  Ely replied 1 year ago.
What is the basis of the suit?

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

What is the cause of action?
Customer: replied 1 year ago.

breach of contract.unjust enrichment

Expert:  Ely replied 1 year ago.
Apologies for the wait.

Generally, all causes of action survive provided they are not based on tangible property, on physical injury to the person or on injury to intangible personal or property interests.

In NY, there is a case about this: see Cangemi v. Russomanno, 12 Misc.3d 1191(A), 824 N.Y.S.2d 768, at *3 (N.Y. Sup. Ct. 2006) (finding that plaintiffs claims for breach of contract, unjust enrichment, and fraud were not extinguished by defendant's death).

California is more subjective, but it SHOULD survive the death.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87565
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Family Law Specialists are ready to help you

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