Legal Question in Personal Injury in California
Do I have to attend a mandatory settlement conference? I am the plaintiff and need a continuance because I am getting surgery for the injury I am suing for. My attorney took himself off the case when I refused to settle earlier. I refused because I am still working with my doctor to determine the exact nature of my injury in order to prove it in court
3 Answers from Attorneys
Normally, all parties must appear at a Mandatory Settlement Conference. If you are unable to attend due to your surgery, get a letter from your doctor confirming your inability to attend due to the surgery and have a representative appear for you and ask for a continuance. There is no guarantee the judge will accept this, but if you cannot attend, tjey may be your best option. If you would like a free consultation on your case, please feel free to contact me at (949)218-6600.
The term "Mandatory" implies that you had better be there. If you miss the Mandatory Settlement Conference the judge will most likely set a hearing (called an OSC) regarding the contempt. At that time the court could 1) dismiss the case; 2) sanction you; or 3) do nothiing. The most likely result would be sanctions which would rquire you to pay money to the court and/or the other side.
If you are truly having surgery on the day of the Mandatory then you should consider a motion to continue the Mandatory Settlement Conference. This way you are not disobeying the court's order to appear.
Good luck,
If the other side will agree, you can do a stipulation and order to continue the Conference. Attach the letter from your doctor as an exhibit so the Court knows you have good cause.
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