Complaint is based on a fraudulent deed that I (Plaintiff) am requesting be declared null and void. I want to get a sense of the format of the demurrer hearing and how I should prepare. Simultaneously, a case management conference is also scheduled. Please advise on how these typically go. Thanks much!
When you arrive at the courthouse, find the department where the hearing will be held. At some point prior to the opening of the courtroom doors there will be a list of matters to be heard that day posted for everyone to see. Find your case on the list and note its number on the calendar.
When the courtroom doors open you will check in with the clerk or bailiff. You will have to provide them with either one or two business cards and on those cards write the calendar number of the case (from the posting) and who you represent. It is best to do this before you enter the courtroom. If you do not have business cards, you can fill out a small paper the courtroom will provide for you on which you can write your identifying information.
Some judges prepare tentative rulings and publish them on the web the afternoon before the hearing. Others will print them and place them on the counsel table for you to take and review before you matter is called. Still others give you no clue about their thinking until you are called. If you get a tentative, read it carefully and do not waste your time in argument discussing matters other than the issues raised in the tentative decision, unless you need to for the judge to understand what you believe to be his or her error.
When you are called, approach the counsel tables. As plaintiff you stand at the counsel table closest to the jury box. Look at the judge and make your appearance by saying "Good morning your honor, John Doe appearing in pro per as the plaintiff." Defense counsel will do the same. Speak clearly and loudly.
At that point, the judge will take over and many things could happen. Bottom line is understand your case and your arguments. If the tentative is in your favor and it looks like the opposition is not making any ground, it is fully appropriate to submit on the tentative. If the tentative is against you, or it looks like opposing counsel has possibly turned the positive tentative around on you, you need to respectfully but confidently argue your case.
Demonstrations of anger never help. Innuendo suggesting bias or unfairness never helps. Remain professional throughout. You will be appearing in front of this judge again.
NEVER say "with all due respect your honor." A judge will translate that as a derogatory statement. NEVER interrupt the judge. Wait for him or her to stop talking. Do not interrupt opposing counsel. Do not talk to opposing counsel while you are arguing. Direct all comments to the judge, not opposing counsel. Do not cast aspersions on opposing counsel. Judges do not like a lack of civility between "counsel." Avoid personalizing your arguments. Arguments can be meritless, frivolous and even ridiculous, but it is never appropriate to characterize opposing counsel in that manner. Answer a judge's question directly - judges dislike a meandering answer
Remember a demurrer challenges the sufficiency of your pleading. If this is the first demurrer to your complaint, and it looks like you are going to lose, be sure to ask for leave to amend the complaint. At a first demurrer is it very common to be granted at least on attempt to amend the complaint to state a proper cause of action. Only if your complaint is totally unsupported by the law such that no amount of amending would solve your problem will a court sustain a demurrer without leave to amend on the first demurrer.
The CMC is a time for the judge to speak to the attorneys about case status. Often the judge will set times for trial, a settlement conference, sometimes a ADR completion date, and a pre-trial conference. If the demurrer is overruled, these calendaring dates are likely. If the demurrer is sustained, it may be that the court will continue to CMC to a later date.
Know what discovery you intend to propound, including depos. Be ready to select dates for each of the above events, i.e., bring a calendar.
Good luck.
After you check in, wait for your matter to come