After a lawsuit has been filed, the Plaintiff will receive a Notice of Case Assignment and Case Management Conference. The Notice will include the name, location, department number, and judge to whom the case has been assigned. The Plaintiff/Cross-complainant must serve defendants with a copy of the Notice. See San Diego County Court Rules for specifics regarding local Case Management rules.
Once a lawsuit has been filed, the court must review the case no later than 180 days after the initial complaint has been filed. California Rule of Court 3.721. At the Case Management Conference, the court will review the case and decide whether to assign it to Alternative Dispute Resolution (ADR), set it for trial, or take other action. Rule of Court 3.722(a). A Case Management Conference is not the same as a Mandatory Settlement Conference.
Not less than 30 days before the initial Case Management Conference, all parties must meet and confer about the case. This meeting may be in person or by phone. Issues to be considered at the meet and confer are listed in California Rule of Court 3.724. See box labeled "Duty to Meet and Confer." Refer to California Rule of Court 3.727 for additional issues the parties need to address at the meeting.
The Case Management Statement is a required document submitted to the court in preparation for the Case Management Conference. California Rule of Court 3.275 requires:
When parties agree, the Case Management Statement may be filed jointly by the parties. Unless there is a noted exception, the Judicial Council Case Management Statement CM-110 form is a mandatory form for all California Superior Courts. Be sure to check the local rules of the court where your case is filed for exceptions. For instance, San Diego Superior Court has a separate Probate Case Management Statement form for Probate cases.
Sacramento Law Library has a Research Guide, and an instructional video with step-step instructions, for filing out the Case Management Statement CM-110 form. See How to Fill Out a Case Management Statement in Sacramento, or watch the video Completing Your Case Management Statement. Use the Sacramento Law Library's instructions as a guide, but fill in the information specific to your case.
During the Case Management Conference, you will discuss the items presented in your Case Management Statement. At the end of the conference, the judge may order the case for trial, order additional Case Management Conferences, or order a Mandatory Settlement Conference. The Court's orders are spelled out in the "Case Management Order."
Rule 3.724. Duty to meet and confer
Unless the court orders another time period, no later than 30 calendar days before the date set for the initial case management conference, the parties must meet and confer, in person or by telephone, to consider each of the issues identified in rule 3.727 and, in addition, to consider the following:
(1) Resolving any discovery disputes and setting a discovery schedule;
(2) Identifying and, if possible, informally resolving any anticipated motions;
(3) Identifying the facts and issues in the case that are uncontested and may be the subject of stipulation;
(4) Identifying the facts and issues in the case that are in dispute;
(5) Determining whether the issues in the case can be narrowed by eliminating any claims or defenses by means of a motion or otherwise;
(6) Determining whether settlement is possible;
(7) Identifying the dates on which all parties and their attorneys are available or not available for trial, including the reasons for unavailability;
(8) Any issues relating to the discovery of electronically stored information, including:
(A) Issues relating to the preservation of discoverable electronically stored information;
(B) The form or forms in which information will be produced;
(C) The time within which the information will be produced;
(D) The scope of discovery of the information;
(E) The method for asserting or preserving claims of privilege or attorney work product, including whether such claims may be asserted after production;
(F) The method for asserting or preserving the confidentiality, privacy, trade secrets, or proprietary status of information relating to a party or person not a party to the civil proceedings;
(G) How the cost of production of electronically stored information is to be allocated among the parties;
(H) Any other issues relating to the discovery of electronically stored information, including developing a proposed plan relating to the discovery of the information; and
(9) Other relevant matters.
Rule 3.724 amended effective August 14, 2009; adopted effective January 1, 2007.