Q: Do I have to call the defending party?

A: Unfortunately, there are some code sections, and local rules, that require either in person or telephone meetings before things can be filed with the Court (motions, demurrers, motions to strike, discovery motions, etc.). You can obvioulsy refuse to speak over the phone, but it will not bode well for you when the attorney puts it in a declaration that you refused to speak about the case. The Court will likely admonish you for refusing to comply with the local rules.

A: Under California court local rules, if there's a requirement to confer with the opposing party or their attorney before making certain filings, this typically implies some form of communication. However, this does not necessarily mandate that the communication must be via a phone call. If you are uncomfortable with speaking on the phone, you have the option to suggest an alternative method of communication that works better for you, such as email.

You can respond to the defendant's lawyer in writing, explaining your preference for email communication due to language barriers and a desire to maintain a clear and emotion-free discussion. It’s important to be polite and professional in your response, and to express your willingness to fully engage in the required conferencing through your preferred medium.

Remember, the key is to ensure that the attempt to confer is made in good faith, regardless of the mode of communication. If the defendant's attorney insists on a phone conversation, you might consider having a third party, like a translator or another attorney, assist you during the call to ensure your interests are effectively communicated.

In any legal matter, clear and effective communication is crucial. Therefore, finding a method that allows you to express yourself accurately and comfortably is important, and most legal professionals will understand and respect that need.