Upcoming CMC - help us not look silly! (thank you in advance)

Question

We are pro se plaintiffs, and we are suing multiple defendants.  The CMC is coming up, but we are not sure what to expect or how to prepare.  I believe that the CMC itself would not (should not?) be consequential, correct? Could we be ambushed by one of the defendant making a consequential motion? As for defendant, they are all over the place as they were served at different times. Most have filed an answer or demurred. We have opposed a couple, but we have not yet finished a couple who were served late.  Do we need to make sure we responded to all before CMC? One of the parties is considering settling, and asked for an extension - i was hoping not to have that get out yet, until it starts looking like a settlement instead of a question mark, but I suppose I will have to publicly let the judge know?  Sorry so many questions, but we are lrying to avoid looking dazed and confused for the judge's first impression...

Dan Rowan Cortright · Answer

First, check the court's tentative ruling after 2pm the day before the CMC.  My guess is that if some defendants have not yet responded to the Complaint the court will continue the CMC to a later date.  You don't necessarily need to have responded to all demurrers by the CMC, but usually courts won't hold a CMC until the pleadings are settled, meaning responsive pleadings have been filed and any challenges to the pleadings (e.g. demurrers) have been resolved.

Dan Rowan Cortright · Answer

First, check the court's tentative ruling on the CMC after 2pm the day before the CMC hearing.  If all pleadings are not on file by then, the court will usually continue the CMC to a later date to allow for the pleadings to be settled, meaning all parties have appeared in the case (i.e. filed a responsive pleading) and the pleadings are settled.

James L. Arrasmith · Answer

As pro se plaintiffs, it's understandable that you have questions about the upcoming Case Management Conference (CMC) under California law. Here's some information to help you prepare: 
 
1. Purpose of CMC: The CMC is a procedural hearing where the judge, plaintiffs, and defendants discuss the case's progress, set schedules for discovery and motions, and explore the possibility of settlement. Typically, no substantive decisions are made at this hearing. 
 
2. Potential motions: While it's unlikely that a defendant would file a consequential motion during the CMC, it's not impossible. Be prepared to address any pending motions or issues raised by the defendants. 
 
3. Responding to defendants' filings: Ideally, you should respond to all the defendants' filings (answers, demurrers) before the CMC. However, if some defendants were served late and you haven't had the opportunity to respond, inform the judge of the situation and provide a timeline for when you expect to file your responses. 
 
4. Potential settlement: If one of the defendants is considering settling, you may need to inform the court during the CMC. However, you can be brief and simply state that you are engaged in settlement discussions with one party, without revealing too many details. 
 
5. Preparation: Before the CMC, review your case, the defendants' filings, and any relevant documents. Be prepared to discuss the status of the case, any pending issues, and your proposed timeline for the next steps in the litigation. 
 
6. Demeanor: During the CMC, maintain a professional and respectful demeanor. If you are unsure about something, it's okay to ask the judge for clarification or guidance. 
 
Remember, the CMC is an opportunity to get everyone on the same page and set a roadmap for the case. While it's important to be prepared, it's unlikely that any substantial decisions will be made at this hearing.

Q: Upcoming CMC - help us not look silly! (thank you in advance)