What is a Case Management Conference in a Partition Action?

In a California partition action, the case management conference promotes timely resolution through an open hearing involving the attorneys and judge. Its purpose, as mandated by California Rules of Court, is to facilitate communication among parties and ensure essential issues are exposed early in the litigation process.

However, contrary to what many co-owners may believe, the court does not issue rulings on the merits of the partition action at these case management conferences. Instead, those rulings are decided on motion practice or, in rare cases, at trial.

What is a Case Management Conference?

A case management conference is a meeting that occurs during the litigation timeline, after you file a partition action. The purpose of California Rules of Court 3.750 “to expose at an early date the essential issues in the litigation” and “to avoid unnecessary and burdensome discovery procedures in the course of preparing for trial of those issues.” ^[1]Case Management System, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 12(I)-B.

Indeed “it is the court’s responsibility to ‘actively manage’ each case and ‘to compel attorneys and litigants to prepare and resolve all litigation without delay.'”^[2]Case Management System, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 12(I)-B.

Pursuant to California Rules of Court 3.722(c) “counsel for each party and each self-represented party must appear in person or by remote technology and must be … familiar with the case; [and] prepared to discuss and commit to the party’s position on the topics to be covered at the conference.”^[3]Case Management System, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 12(I)-B.

What Happens During a Case Management Conference?

“In any case management conference or review under CRC 3.727, the parties must address, if applicable, and the court must take appropriate action with respect to, the following: related cases, party status, jurisdictional issues, settlement conference, discovery issues, jury trial, trial date, damages, and … ‘other matters that should be considered by the court or addressed in its case management order.’”^[4]Case Management System, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 12(I)-B.

“In appropriate cases, the court at the initial case management conference may … issue protective orders; provide for the creation of form interrogatories, requests for admission; specify dates and conditions for site inspections; [and] coordinate multiple motions to strike and demurrers.” ^[5]Case Management System, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 12(I)-B.

How to Prepare for a Partition Case Management Conference?

“The parties must meet and confer in person or by telephone prior to the case management conference. This conference must take place not less than 30 calendar days before the date set for the case management conference, unless the court orders a different time. During this conference, the parties must consider each of the subjects to be considered at the case management conference.”^[6]Case Management System, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 12(I)-B.

Pursuant to Rule 3.725 of the California Rules of Court every party has to file a case management statement at least “15 days before the first case management conference.” This is done by using Judicial Council Form CM-110 entitled “Case Management Statement.”

Specifically, the party in the case will complete the Case Management Statement as follows:

1. Fill in the information in the box at the top, including the party or their attorney as well as the case number;
2. In a partition action, the subject property in California will generally be worth more than $35,000 so check the box entitled “Unlimited Case” if the amount demanded by the party exceeds $35,000;
3. Provide the date, time, department, division, room number, and address of the courthouse where the case management conference is scheduled;
4. Check the box entitled “Notice of Intent to Appear by Telephone” if that will be your method of attendance;
5. On Line 1(a), provide your name;
6. On Line 2(a), fill in the date that the complaint was filed. If applicable, on Line 2(b), fill in the date that the cross-complaint was filed;
7. On Line 3(a-c), provide the court information on the Service of the complaint and cross-complaint;
8. On Line 4(a), describe your case, which is partition action;
9. On Line 4(b), provide a brief description of your partition by noting key information and damages;
10. On Line 5, you may specify whether you would like to request a jury trial or a nonjury trial;
11. On Line 6(a), you may provide the court with information on the trial date if that has been set. If you do not have a trial date set, check Line 6(b);
12. On Line 6(c), if you do not have a trial date set, you may provide the dates where you are out of town or specifically unavailable for a trial and briefly describe your reasons for unavailability;
13. On Line 7, you may provide your estimate for the length of the trial;
14. On Line 8, you will provide the information of the attorney representing this case during a trial;
15. On Line 10(a)(1) or Line 10(a)(2), you may note whether counsel or a self-represented party has received and reviewed an information package on Alternative Dispute Resolution;
16. On Line 10(c), provide the Alternative Dispute Resolution process or processes you are willing to participate in, ranging from Mediation, Settlement Conference, Non-binding Judicial Arbitration to Neutral Evaluation;
17. On Line 13, provide case name, court name, case number, and the status of any related cases;
18. On Line 15, articulate the motions that may be filed from now until the start of trial;
19. On Line 16(b) list out the discovery that should be anticipated in the case and outline the issues that will be addressed during discovery on Line 16(c). If discovery is complete, check the box on Line 16(a);
20. On Line 18, note any additional matters that should be considered at the case management conference;
21. On Line 19(a), provide the date when the parties met and conferred.
22. On Line 19(b), provide the agreed steps that parties would take following during the meet and confer appointment.
23. On Line 20, note the additional pages that have been attached to the CM-110.

Does the Court Decide the Partition Action at the Case Management Conference?

No, the court does not decide critical issues in a partition action at the case management conference. For example, co-owners may believe that the court will enter an interlocutory judgment of partition and appointment of a partition referee. This is not the case. Rather, co-owners are required to bring matters to the court’s attention by motion practice, thereby giving all co-owners written notice of the hearing date, the relief being requested, and the authority for why such relief can be granted. If no such motion is filed, the matter will linger until the matter proceeds to trial, which can be a time-consuming process as many courts are backed up. A skilled partition attorney can ensure that a partition action is decided promptly by motion practice.

How Can a Partition Attorney Help?

During the case management conference, a partition attorney will effectively represent your interests and advocate for your preferred approach to discovery, jury trial requests, and other critical decisions. Partition actions are governed by California’s partition statutes and an experienced attorney will ensure compliance with all applicable rules, including meeting and conferring requirements, timely filing of documents, and organizing evidence for offsets.

The partition attorneys at Talkov Law can help you resolve co-ownership disputes by filing a partition and employing litigation strategies to ensure the case is decided by motion practice in advance of case management conferences. With eight, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 430 partition actions throughout California. For a free consultation, call (844) 4-TALKOV (825568) or reach out online today.