Notice Of Case Management Conference {CV003}

ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME, ADDRESS, PHONE, BAR NUMBER) FOR COURT USE ONLY Attorney for: SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS Street Address: City Towers Bldg., 801 10th St, 4th Floor, Modesto, CA 95354 Civil Clerk's Office: 801 10th Street, 4th Floor, Modesto, CA 95354 Plaintiff/Petitioner: Defendant/Respondent: NOTICE OF CASE MANAGEMENT CONFERENCE CASE NUMBER 1. NOTICE is given that a Case Management Conference has been scheduled as follows: Date: _____________________Time: ___________AM/PM This case is assigned to Judge ________________________, Dept _________, for all purposes, including trial. *Departments 21 & 22 are located at 801 10th Street, 6th Floor, Modesto, CA 95354 *Departments 23 & 24 are located at 801 10th Street, 4th Floor, Modesto, CA 95354 All filings shall be filed in the Clerk's Office at the City Towers, 4th Floor address. .......................................................................................................................................... You have 30 calendar days to file a written response with this court after the legal papers and the summons were served on you. You must also serve a copy of your written response on the plaintiff. 2. You must file and serve a completed Case Management Conference Statement at least fifteen (15) calendar days before the case management conference. 3. You must be familiar with the case and be fully prepared to participate effectively in the case management conference. 4. At the case management conference the Court may make pretrial orders, including the following: a. An order establishing a discovery schedule. b. An order referring the case to arbitration. c. An order dismissing fictitious defendants. d. An order scheduling exchange of expert witness information. e. An order setting subsequent conferences and the trial date. f. Other orders to achieve the goals of the Trial Court Delay Reduction Act (Gov. Code, § 68600 et seq.). Date: CV003 by __________________________________________Deputy Clerk --SANCTIONS-If you do not file the Case Management Statement required by local rule, or attend the case management conference or participate effectively in the conference, the court may impose sanctions (including dismissal of the case, striking of the answer, and payment of money). 11/10 American LegalNet, Inc. www.FormsWorkFlow.com Rule 3.110. Time for Service of Complaint, Cross-Complaint, and Response (a) [Application] This rule applies to the service of pleadings in civil cases except for collection cases under Rule 3.740 (a), Unlawful detainer actions, proceedings, under the Family Code, and other proceedings for which different service requirements are prescribed by law. (b) [Service of complaint] The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint. When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint. (c) [Service of cross-complaint] A cross-complaint against a party who has appeared in the action must be accompanied by proof of service of the cross-complaint at the time it is filed. If the cross-complaint adds new parties, the crosscomplaint must be served on all parties and proofs of service on the new parties must be filed within 30 days of the filing of the cross-complaint. (d) [Timing of responsive pleadings] The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint. (e) [Modification of timing: application for order extending time] The court, on its own motion or on the application of a party, may extend or otherwise modify the times provided in (b) - (d). An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. The application must be accompanied by a declaration showing why service has not been completed, documenting the efforts that have been made to complete service, and specifying the date by which service is proposed to be completed. (f) [Failure to serve] If a party fails to serve and file pleadings as required under this rule, and has not obtained an order extending time to serve its pleadings, the court may issue an Order to Show Cause why sanctions shall not be imposed. (g) [Request for entry of default] If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed. The court may issue an Order to Show Cause why sanctions should not be imposed if the plaintiff fails to timely file the request for the entry of default. (h) [Default judgment] When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time. The court may issue an Order to Show Cause why sanctions should not be imposed if that party fails to obtain entry of judgment against a defaulting party or to request an extension of time to apply for a default judgment within that time. (i) [Order to Show Cause] Responsive papers to an Order to Show Cause issued under this rule must be filed and served at least 5 calendar days before the hearing. CV003 11/10 American LegalNet, Inc. www.FormsWorkFlow.com