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my case in unlimited division los angeles superior court

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rmknox

Member
What is the name of your state (only U.S. law)? California

We had a thread going - I see it was closed - here is a progress report and a question

I had my Case Management Conference the other day.
I was very intimidated - for no good reason. It was easy and pain free. Basically the judge gave me a trial date in August 2015.

I am up against an insurance co atty

I requested Production of Documents. He submitted 165 pages unnumbered, mostly copies of emails. I suspect that his submittal may not be complete. If I later find that there is something missing I want to establish that I did not remove it from what he submitted, and thus I numbered the pages and sent them back with a request that he verify that I had everything he intended to send me.

He responded that he had no obligation to do so, and suggested that I might have removed one of the pages he sent and if so it was not his duty to determine that I had done so, and asked me to cite either code or case law that required either that he number the pages or respond to my request that he verify that the copy I sent him was what he intended to send.

Can anyone point me to some source that deals with this matter -preferable California code or case law or some discovery practice document?

Also - does someone know whether I can get a transcript of my Case Management Conference - and if so how I do so?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

We had a thread going - I see it was closed - here is a progress report and a question

I had my Case Management Conference the other day.
I was very intimidated - for no good reason. It was easy and pain free. Basically the judge gave me a trial date in August 2015.

I am up against an insurance co atty

I requested Production of Documents. He submitted 165 pages unnumbered, mostly copies of emails. I suspect that his submittal may not be complete. If I later find that there is something missing I want to establish that I did not remove it from what he submitted, and thus I numbered the pages and sent them back with a request that he verify that I had everything he intended to send me.

He responded that he had no obligation to do so, and suggested that I might have removed one of the pages he sent and if so it was not his duty to determine that I had done so, and asked me to cite either code or case law that required either that he number the pages or respond to my request that he verify that the copy I sent him was what he intended to send.

Can anyone point me to some source that deals with this matter -preferable California code or case law or some discovery practice document?

Also - does someone know whether I can get a transcript of my Case Management Conference - and if so how I do so?
You are in WAY over your head and they're going to wipe their shoes with you. You need an attorney.
 
What is the name of your state (only U.S. law)? California

We had a thread going - I see it was closed - here is a progress report and a question

I had my Case Management Conference the other day.
I was very intimidated - for no good reason. It was easy and pain free. Basically the judge gave me a trial date in August 2015.

I am up against an insurance co atty

I requested Production of Documents. He submitted 165 pages unnumbered, mostly copies of emails. I suspect that his submittal may not be complete. If I later find that there is something missing I want to establish that I did not remove it from what he submitted, and thus I numbered the pages and sent them back with a request that he verify that I had everything he intended to send me.

He responded that he had no obligation to do so, and suggested that I might have removed one of the pages he sent and if so it was not his duty to determine that I had done so, and asked me to cite either code or case law that required either that he number the pages or respond to my request that he verify that the copy I sent him was what he intended to send.

Can anyone point me to some source that deals with this matter -preferable California code or case law or some discovery practice document?

Also - does someone know whether I can get a transcript of my Case Management Conference - and if so how I do so?
Has your case withstood any motions to strike or dismiss at this juncture? If so, you are on good ground. As far as Discovery, don't worry about documents that were submitted by the Defendant(s) that may have gotten lost. If you need something, simply request it by using the legal procedures to do so.

It is great that you have a trial date. It wouldn't hurt to spend time observing actual trials taking place so that you have an idea about how to act on your behalf (if the time should come for you to handle your own trial).

Has there been any offers to settle the matter by the Defendants? Let us know how you continue to progress or regress. Good luck!
 

rmknox

Member
Has your case withstood any motions to strike or dismiss at this juncture? If so, you are on good ground. As far as Discovery, don't worry about documents that were submitted by the Defendant(s) that may have gotten lost. If you need something, simply request it by using the legal procedures to do so.

It is great that you have a trial date. It wouldn't hurt to spend time observing actual trials taking place so that you have an idea about how to act on your behalf (if the time should come for you to handle your own trial).

Has there been any offers to settle the matter by the Defendants? Let us know how you continue to progress or regress. Good luck!
Hi Nellibbelle

Great idea - I've got a few months - will do - the judge seemed like a nice fellow at my case management conference. I'd like to see him in action.
No motions by me or by them - I proposed a settlement - they have not really responded

It is an interesting case since my first cause of action is a request for declaratory relief.

I bought a copy of the ALI restatement - third - property - servitudes and sure know a lot about equitable servitudes and easements - considering that by formal training I'm a rocket engineer.

I don't want to say too much in this open forum but I I think this is going to turn out ok

Defendant got his insurance co to step in - but they are there "with reservation of rights"

The insurance co atty is the kind of guy that makes laymen not like attorneys - he has posted objections to many of my discovery requests - objections that I could demonstrate are flawed - but I chose not to file motions since the facts speak pretty well for themselves.

Thanks for asking - and i found a work around for the question I asked about numbering the pages.
 
Hi Nellibbelle

Great idea - I've got a few months - will do - the judge seemed like a nice fellow at my case management conference. I'd like to see him in action.
No motions by me or by them - I proposed a settlement - they have not really responded

It is an interesting case since my first cause of action is a request for declaratory relief.

I bought a copy of the ALI restatement - third - property - servitudes and sure know a lot about equitable servitudes and easements - considering that by formal training I'm a rocket engineer.

I don't want to say too much in this open forum but I I think this is going to turn out ok

Defendant got his insurance co to step in - but they are there "with reservation of rights"

The insurance co atty is the kind of guy that makes laymen not like attorneys - he has posted objections to many of my discovery requests - objections that I could demonstrate are flawed - but I chose not to file motions since the facts speak pretty well for themselves.

Thanks for asking - and i found a work around for the question I asked about numbering the pages.
It is good that you have a good vibe about your judge. Although many judges are biased against pro se litigants, I believe that there are judges who appreciate the pro se litigants who are actually doing a pretty good job of representing themselves.

I also had a very nice judge down there in L.A. Superior Court as well, and I can very well see why they get disturbed with some of the pro se's. I've had the experience to actually watch a couple horrible self-litigants in action. The judge was beside himself. On the other hand, I've seen how appreciative the judge was when a good self-litigant really did their homework and made motion hearings actually run smooth.

Please keep us posted on your very interesting case.
 

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