Legal Question in Real Estate Law in California

Is it necessary to state dollar figures for damages at this time? Instructions for Mandatory Settlement Conference Statement requests a list of all economic & non-economic damages claimed in this case & whether there is a claim for punitive damages. I do not want to state figures yet because opposition is an HOA & if HOA discovers the amount for which I am suing then HOA members will probably become adverse to testifying on my behalf. Although I will claim economic & punitive damages, a dollar figure has not been calculated. I will need assistance on such. Can amount of damages be deferred to trial?


Asked on 6/04/14, 4:05 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

California Rules of Court 3.1380 states that the amounts are required:

(c) Settlement conference statement

No later than five court days before the initial date set for the settlement conference, each party must submit to the court and serve on each party a mandatory settlement conference statement containing:

(1)A good faith settlement demand;

(2)An itemization of economic and noneconomic damages by each plaintiff;

(3)A good faith offer of settlement by each defendant; and

(4)A statement identifying and discussing in detail all facts and law pertinent to the issues of liability and damages involved in the case as to that party.

The settlement conference statement must comply with any additional requirement imposed by local rule.

So also look at the local rules. Settlement is an important issue to the Courts and therefore you will likely be required to provide that information.

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Answered on 6/04/14, 4:53 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The purpose of a mandatory settlement conference is to give the parties, with the assistance of the judge or other neutral who will conduct the conference, the best possible shot at reaching a voluntary settlement of the case without the need for going to trial. If a party withholds or misrepresents its true position with regard to settlement by a substantial margin, this reduces the chance of reaching a settlement, and might subject the party to the judge forming an opinion that the party was unreasonable. Mandatory settlement conference proceedings are not confidential (see Advisory Committee note to California Rules of Court 3.1380(d)), but I think the chance of what you fear happening, and its consequences, presents less of a risk to your litigation position than being candid but realistic in presenting a settlement demand. Your settlement demand in an MSC does not limit what you can ask for at trial, if one becomes necessary.

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Answered on 6/04/14, 5:12 pm


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