Legal Question in Credit and Debt Law in California

The plaintiff's attorney filed their Case Management Conference statement late. Mine was on time (15 days prior to CMC). Can I use this against the Plaintiff? If so, how?

Asked on 8/29/13, 10:26 am

4 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

Filing any document late is not good. The Court likely has already noted for the judge that the filing was late.

On the other hand, the late filing is not something you likely can use against the other side, barring evidence that it is part of a pattern of late filings. Unless you suffered any prejudice from the late filing, it is likely the judge will do anything about it. One-time errors like this are usually not subject to sanctions. You are much better off focusing on the merits of your case than trying to capitalize on errors that have caused you no prejudice or harm.

Best of luck to you.

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Answered on 8/29/13, 10:34 am

Joel Selik

Depends on the judge. I have never seen a Judge care with a late filed Cmc as long as the judge has a copy.

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Answered on 8/29/13, 10:56 am
Timothy McCormick Libris Solutions - Dispute Resolution Services

Mr. Selik is right. I have never seen a judge care one whit if the CMC statement is late as long as it gets in the court's file in time for the judge to review it before the CMC. Since judges are usually overworked, that generally means if the statement gets in the file two days or even a day before the CMC the judge won't care. Many times the judge doesn't even care if the statement is filed at all, if the party's attorney appears at the CMC prepared to address the issues. And in any case, it is a matter between the judge and the other party, not you. The statement is for the court's convenience. So other than the fact that the judge may be irritated if they are one of the judges who actually cares about the CMC statement, the late CMC statement is of zero advantage to you.

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Answered on 8/29/13, 11:12 am
John Laurie Gertz and Laurie

I agree with the above

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Answered on 8/29/13, 10:16 pm

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