Effective Case Management for City Attorneys

Effective Case Management for City Attorneys

Purposes of Presentation Assist city attorneys and their contract counsel comply with the rules High expectation of public lawyers by the bench Issue an invitation to participate in the coming debates

Fast Track Rules Legislative initiative in 1986 to cope with Rising 1980s caseload without growth in court system Civil trial backlog as criminal trials clogged urban court dockets Up to 5 years to dispose of cases in urban courts Sponsor: State Attorney General Based on: Model Case Management Standards developed by ABA

Purpose of CM Rules Promote good case management Give courts control of process Perception that parties controlled & prolonged litigation Provide uniformity of civil practice Reduce cost of litigation

Rules Apply to General civil litigation Limited and unlimited But not Cases designated complex litigation Unlawful detainer Family law Probate Other special proceedings

Where the Rules are Found California Rules of Court (CRC) Rules on Service (201.7 201.9) Rules on Court Case Management and Differential Case Management (204.1 210) Rules on Case Management (212 214) Rules on Settlement & Pretrial (222 226) Other Trial Court Rules (298) Rule on Alternative Dispute Resolution (1580)

Service - Deadlines CRC 201.7 201.9 Plaintiff serve Complaint & file POS 60 days Cross-Complaint adding new parties service & file POS within 30 days Court allows one 15-day extension for response Court may modify Request default 10 days Court may issue order to show cause for noncompliance

Designation as Complex Litigation CRC 1810 allows plaintiff to designate an action as complex on civil case cover sheet If cover sheet has been served/filed, defendant may file/serve a counter civil case cover sheet that designates case as not complex or as complex Court has not ordered case designation No later than defendant s first appearance

Internal Management Procedures Rule 204.2 Each court has its own rules for calendaring & case flow management Court must determine if time for deposition is Plan 1 (12 months), Plan 2 (18 months), or Plan 3 (24 months) Court estimates maximum time to disposition on basis of factor analysis

Time to Disposition Estimate Factors Action type/subject matter Number of causes of action/affirmative defenses Number of parties with separate interests Number of crosscomplaints Complexity of issues Ease of identifying & serving parties Number/location of percipient/expert witnesses Arbitration potential

Time for Disposition Estimate Factors cont d Statutory priority of issues Length of trial Anticipated discovery Likelihood of writ/appeal Amount in controversy & remedy sought Other actions pending Anticipated law & motion Nature/extent of damages & injuries Pendency of underinsured claims Any other fact that would affect time for disposition

Lawsuits Involving Cities Most lawsuits filed by or against cities will be Plan 1 (12-month cases) Some actions, particularly collection actions, may be exempt

Rule 212 Case Management Conference Initial case management review within 180 days of filing complaint Does not apply to complex & exempt cases Court to give at least 45 days notice of CMC Counsel must appear in person or by phone (if allowed) unless court orders otherwise Court/parties may request CMC at any time

CMC Subject Matter Are there related cases? Have all parties been served, appeared, or been dismissed? Will parties be added or pleadings amended? For limited cases, should economic litigation procedures apply? Do any other matters affect the court s jurisdiction? Have parties stipulated to or should case be referred to arbitration or ADR? Should early settlement conference be scheduled? When? When will discovery be completed?

CMC Subject Matter cont d Should case be bifurcated? Should cross-complaints be severed? Is case entitled to preference? Which party, if any, demands jury trial? If no trial date, when will case be ready for trial? Available dates? Estimated length of trial Nature of injuries Amount of damages Additional relief sought Will insurance coverage issues affect resolution? Any other matters the court should consider

Rule 212 Meet & Confer Requirements 30 calendar days prior to CMC Parties to meet & confer in person or by phone to discuss issues to be addressed by the court and Resolution of discovery disputes & schedule Identify & resolve motions Identify uncontested facts & issues Identify disputed facts & issues Determine if claims can be eliminated Possible settlement

Rule 212 Case Management Statement File no later than 15 days prior to CMC Must use CM Statement form (CM 110) In lieu of separate statements, any two or more parties may file joint statement Parties who agree to use an ADR process must jointly complete & file the ADR stipulation provided under Rule 201.9

Rule 212 Case Management Order Court must enter a CMO CMO should include Referral to ADR/date for completion Trial date if appropriate/ jury or non-jury Identity of party demanding jury trial Disposition of service & appearances/dismissals Identity of trial attorneys Date/time/place of MSC Date/time/place of final CMC before trial (if needed) Date/time/place of further CMC or review

Know What Order You Want The city attorney should attend the CMC knowing what order(s) are in the city s best interest Review new msj rules Set CCMCs and MSCs with the court having applicable closed session notice requirements in mind

Miscellaneous CM Provisions Rule 213 Court may assign, or a party may request upon motion, assignment to a single judge for all or limited purposes Rule 214 Short causes are cases that will take 5 hours or less to try; upon stipulation of parties or upon court s own motion, short cause matter may be exempt from requirements of case management review and be set for trial; if not tried in 5 hours, court can order mistrial

Settlement and Pretrial Rules Rule 222 Mandatory Settlement Conferences Set on court s own motion or at request of party Trial counsel, parties, persons with full authority to settle case MUST ATTEND unless excused by court order

Settlement & Pretrial Rules cont d Settlement conference statement required No later than 5 court days prior to MSC Statement to contain Good faith settlement demand Itemization of economic/non-economic damages Good faith offer by defendant All facts & law pertinent to issues of liability & damages Comply with any other local rule requirements

Settlement & Pretrial Rules cont d Rule 225 Duty to notify court & others of settlement If case settled/disposed, plaintiff must file written notice of settlement/disposition with court serve written notice on arbitrator or ADR neutral Give oral notice to all parties if hearing/conference or trial is imminent File request for dismissal within 45 days of date of settlement

Settlement & pretrial rules cont d Court must dismiss case 45 days after notice of settlement unless good cause shown If there are conditions that will not take place in 45 days, the rule is extended to a specific dismissal date & plaintiff has 45 days from the date specified in the notice to serve/file notice of conditional settlement

Settlement & Pretrial Rules cont d Rule 225 Filing Notice of Stay Applies to stay from order of federal or higher state court; contractual arbitration (CCP 1281.4); arbitration of attorneys fees/costs (B&P Code) or automatic stay by a filing in another court Party requesting stay must file notice of stay & attach order When stay vacated, party requesting must file notice that stay is vacated or no longer in effect

Forms Civil Case Cover Sheet (note: additional cover sheets may be required per local rules) Certificate of Progress; Inability to Respond; Inability to Default Certificate of Service Certificate of Progress Notice of CMC local rule Case Management Conference Statement Case Management Order local rule

Sanctions 13. Sanctions: Proof having been made to the satisfaction of the court that has failed to, sanctions are ordered as follows: A. Monetary sanctions in the sum or are ordered and are 1. Payable to the clerk of the court within calendar days 2. Stayed pending further order of the court 3. Stayed until the next Case Management Conference B. Other sanctions: C. A copy of this order will be forwarded to the State Bar of California.

Invitation to City Attorneys Monitor both The Chief Justice s Blue Ribbon Panel Proposed legislative revisions Participate in discussions City attorneys uniquely positioned to offer valuable insights And will be uniquely credible in the debate