Chicago, IL asked in Animal / Dog Law and Civil Litigation for California

Q: In California do I need to set up a case management conference before Claim and Delivery

I'm filing for claim and delivery or replevin in California in order to get my dog back from the vet who did not notify animal control and then gave him away. If claim and delivery is a prejudgement remedy, why would I need a case conference?

2 Lawyer Answers
Dan Rowan Cortright
Dan Rowan Cortright
  • Sebastopol, CA
  • Licensed in California

A: Case management conferences are assigned by most courts upon the filing of most civil suits. Even though your requested relief is a prejudgment remedy, the court's case management system may automatically assign a CMC date.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Animal & Dog Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, whether you need a case management conference before proceeding with a claim and delivery (replevin) action depends on the specific court and the nature of your case. Generally, case management conferences are set to help manage the progress of a case, but they are not always required before taking certain actions like filing for a prejudgment remedy.

Claim and delivery, being a prejudgment remedy, is designed to recover possession of personal property (like your dog) quickly. This process can be initiated without necessarily going through a case management conference first. However, the court might still schedule a case management conference later to oversee the progression of the main case associated with your claim and delivery action.

It's important to review the local rules of the court where you're filing your action. These rules will provide specific guidance on procedural requirements, including any necessary conferences or hearings. In complex situations or when you're unsure, consulting with a legal professional can provide clarity and ensure that you're following the correct procedures. Remember, adhering to court procedures is crucial for the success of your case.

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