Case management and alternative dispute resolution

Question 1

Case management conference(s) - meet and confer

Answer 1

Meet and Confer

1. parties must meet and confer and file a case management statement addressing issues to be reviewed before conference
   i. similar to Rule 26(f) conference, but no need to form or submit a discovery plan to court

Question 2

Case management conference

Answer 2

2. court holds initial case management conference within 180 days after filing of complaint
3. at the conference, the court reviews:
   i. service, pleadings
   ii. discovery issues, potential problems with discovery of electronically stored info (ESI)
   iii. appropriateness of alternative dispute resolution (ADR)
   iv. settlement, trial date, etc

Question 3

Case management conference– additional conferences

Answer 3

1. court may order or parties may request settlement conferences
2. parties submit settlement conference statement in advance, detailing the demand or offer
3. additional conferences may be held as needed

Question 4

Case management conference– Fast track

Answer 4

4. court reviews each case to determine suitability for “case management program”
5. such cases are actively managed to meet goals of disposition
   i. unlimited cases:
   a. 75% to be disposed of within 12 months of filing
   b. 85% within 18 months of filing
   c. 100% within 24 months of filing
   ii. limited cases:
   a. 90% within 12 months
   b. 98% within 18 months
   c. 100% within 24 months.

Question 5

Case managemnt conference – sanctions

Answer 5

1. court may sanction party or attorney for failing to comply with rules or orders (ex. may dismiss defendants not served within 60 days of filing)
2. sanction terminating the case only if the party, not attorney, is at fault

Question 6

Case management conference– ADR – judicial arbitration

Answer 6

1. each county’s Sup. Ct. has own ADR rules

Judicial Arbitration

1. applies if
   i. unlimited civil case
   ii. judge believes plaintiff will obtain $50,000 or less
   iii. not a consumer class action or probate case
2. court refers the case to an arbiter who decides
   i. arbiter holds hearing, evidence rules do not apply
   ii. parties have discovery rights
3. parties can contest arbiter’s judgment by requesting de novo trial
   i. if the requesting party does not get a better result at trial, may be liable for other side’s costs (expert witness fees, interest on the claim) from the date of rejection of the ruling (not date of the judgment)

Question 7

Case management conference– ADR – contractual arbitration

Answer 7

1. contractual agreements to arbitrate
   i. valid under FAA unless unconscionable
   ii. valid arbitration agreements can be enforced by a federal or state court
2. parties can ask a court to confirm the arbitrator’s decision, but limited grounds for vacating:
   i. yes for fraud, no for legal error, and no for disregard of law in CA (but yes in fed. courts)
3. CA: class waivers are not permitted (but permitted by FAA)