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Understanding Your California Case Management Conference

August 12, 2013

Posted in Business Litigation, Litigation Strategies

Case Management ConferenceBusiness litigation consists of a number of different phases.

  • Filing a Complaint
  • Filing Answers
  • Discovery Preparation
  • Alternative Disputes Resolution
  • Etc.

It’s a systematic process whereby each stage is designed to make progress on the case by potentially eliminating one or all of the legal issues at hand, with the ultimate goal being to avoid a costly trial altogether.

In a California State Civil Matter, part of the litigation process is the Case Management Conference. The court is required to schedule a CMC no later than 180 days after the initial complaint is filed. The purpose of your CMC is to ensure that all parties to the matter are equally prepared for trial dates, discovery deadlines, and other critical milestones in order for the outcome of the case to be as fair and judicious as possible.

I will repeat.

A Case Management Conference is designed to uniformly prepare you and the opposing party for the litigation boundaries and trial timeline. That means a CMC is NOT a place to plead your case to the judge. It is not a deposition where you can tell your side of the story. And it is not the place to bring your witnesses to prove why you are right.

If you properly prepare for your CMC, understand its purpose, and know what to expect of it, then you’ll be able to reap as much benefit as possible out of this worthwhile stage of civil litigation. If you aren’t properly prepared, though, you could waste a valuable opportunity to make the most of your case.

CRC 3.727 identifies a number of explicit issues that must be addressed during the CMC. These are the critical concerns that will be given measured attention at the conference attended by you, the judge, the opposing party and your attorney, if you prefer. One vital goal of the conference is to give the judge an opportunity to review the elements of the case and determine if an alternative form of dispute resolution is appropriate. Remember, the ultimate goal of litigation is to settle all of the legal matters at hand and avoid a lengthy and expensive trial.

Other items on the CMC agenda might include;

  • Setting a discovery schedule and resolving any discovery disputes
  • Identifying the uncontested facts of the case
  • Identifying the disputed facts and determining if the list can be narrowed
  • Addressing the possibility of settlement
  • Tackling the issue of electronic discovery preparation
  • And more

At least 15 days prior to the CMC, you will be required to file a Case Management Statement using mandatory form CM-100. This statement does two things for you. First, it is your opportunity to provide a brief statement about the case, in your own words and from your point of view.  Additionally, the statement allows you to provide the courts with crucial and un-debatable facts of the case such as the status of your discovery preparation, contact information for your legal counsel, and any issues that you have particular questions or concerns about. It is advised that you review this statement with your business litigating attorney prior to submitting it to the courts.

Note that you are required by law to be represented at your CMC. If you don’t plan on being there yourself, then you must arrange for an attorney to be there in your place – and not just any attorney; a qualified one. Your representative must be familiar with the elements of your case, knowledgeable of the legal issues to be discussed and prepared to negotiate alternative resolutions with confidence. Failure to appear yourself and/or provide proper representation could result in substantial fines or even dismissal of your case.

Finally, preparation for your case management conference should not be complete without the advice of exceptional legal counsel because litigation is a vital time when having an experienced attorney means the most. Contact the Law Offices of Tony T. Liu. We’ll guide you through the Case Management Conference – and every other step of the litigation evolution.

FAQ Breach Of Contracts In Business Litigation

Many companies encounter challenges related to breaches of contract when dealing with business litigation. These issues can significantly impact operations and relationships. We want to address some common questions about breaches of contract in the business context to help clarify these matters. As your Orange County, CA business litigation lawyer, we’re here to provide straightforward answers to these important questions.

What Is The Difference Between Corporate Law And Transactional Law?

The difference between corporate law and transactional law often comes up in discussions about business legal matters. Corporate law focuses on the governance, structure, and compliance requirements of a company. It deals with issues like shareholder rights, mergers and acquisitions, and corporate responsibilities. Transactional law, on the other hand, pertains to the specific transactions and agreements a business enters into, such as contracts with clients, suppliers, or partners. When a breach of contract occurs, it typically falls under transactional law because it involves disputes over specific agreements rather than corporate governance.

What Are The Types Of Contract Breaches In Business Law?

In business law, there are several types of contract breaches: minor breaches, material breaches, anticipatory breaches, and actual breaches. A minor breach, also known as a partial breach, happens when one party fails to perform a small part of their obligations, but the overall contract can still be completed. A material breach is more serious and occurs when one party’s failure to perform allows the other party to terminate the contract. An anticipatory breach happens when one party indicates they will not fulfill their contractual duties in the future, giving the other party grounds to take legal action immediately. An actual breach is a straightforward failure to perform contractual obligations when they are due.

How Is A Breach Of Contract Determined In A Business Context?

It’s important to examine the terms of the agreement and the actions of the parties involved when determining a breach of contract in a business context. We look at whether a party failed to perform their obligations as specified in the contract. Evidence such as communications, documentation, and actions are analyzed to see if they align with the contractual duties. An Orange County business litigation lawyer can assist in reviewing the contract and circumstances to establish whether a breach has occurred and advise on the appropriate steps to take.

What Legal Actions Can Be Taken For A Breach Of Contract?

When a breach of contract occurs, there are several legal actions that can be pursued. We can attempt to resolve the issue through negotiation or mediation, aiming for an out-of-court settlement that satisfies both parties. If that isn’t successful, filing a lawsuit may be necessary to seek remedies such as damages, specific performance (requiring the breaching party to fulfill their obligations), or contract rescission (canceling the contract). The choice of action depends on the specifics of the breach and the desired outcome.

What Are The Potential Damages For Breach Of Contract In Business?

Potential damages for a breach of contract can vary based on the situation. Compensatory damages are common and are intended to cover the direct losses suffered due to the breach. Consequential damages may also be awarded for indirect losses if they were foreseeable at the time the contract was made. In some cases, punitive damages might be imposed to punish wrongful conduct, though these are less common in contract cases. The goal is to put the non-breaching party in the position they would have been in if the breach had not occurred.

Protecting Your Business In Breach Of Contract Disputes

Consulting with an experienced Orange County business litigation lawyer can make a significant difference in protecting your business interests in situations that involve breaches of contract. We are here to help you understand your options and guide you through the legal process. Joh Oh has been a member of the State Bar of California since 1999, and is prepared to represent you. Don’t let a contract dispute hinder your business’s success—reach out to us for assistance. At Focus Law LA, we’re committed to providing the support you need to overcome these challenges, call for a consultation today.