The Derek Dixon v. Tyler Perry, et al. Lawsuit Moves Toward Case Management Conference as October Court Date Nears
America ı By Samuel Lopez
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Are Dixon or Perry required to attend?
Typically, parties need not personally appear if represented by counsel.Ā The rules allow a court, after reviewing the written submissions, toĀ issue a case management findings without any appearance at all. Practically speaking, the lawyers handle the CMC; the court will notify if in-person or remote appearances are required.Ā California Courts
The disclosure rule that can reshape leverage
BeginningĀ January 1, 2024, California addedĀ initial disclosuresĀ to its Civil Discovery Act (broadly mirroring federal practice).Ā If any party serves a demand, each side must make initial disclosures within 60 daysĀ (or as ordered by the court). These disclosures typically include:
- Names/contact information of individuals likely to have discoverable information;
- A descriptionāor copyāof relevant documents and ESI within the partyās possession;
- A computation of damages and supporting materials; and
- Insurance agreements that may satisfy a judgment.
The requirement applies toĀ civil actions filed on or after Jan. 1, 2024, andāabsent legislative changeāis scheduled to sunset Jan. 1, 2027. Because the rule is comparatively new, it can fly under the radar. ButĀ failure to comply after a proper demandĀ can become a live issue at the CMC, and judges retain authority to imposeĀ monetary, issue, evidence, or terminating sanctionsĀ for discovery misuse Duane Morris
Practice note:Ā If one side is lagging, seasoned litigators oftenĀ serve (or complete) initial disclosures before the CMCĀ and use the hearing to document their diligence while highlighting any opponentās noncompliance in a measured, rule-based way.
How each side can gain leverage at the CMC
Arrive with a credible schedule.Ā Propose realistic discovery cutoffs, motion deadlines, and aĀ trial lengthĀ grounded in witness counts and exhibits. Judges appreciate specificity, and it frames your case as organized and trial-ready.Ā California Courts
Meet-and-confer like it matters.Ā TheĀ Rules requireĀ a substantive meet-and-confer at leastĀ 30 days before the initial CMC, covering the subjects in Rule 3.727. Arrive prepared to report genuine progressānarrowed issues, agreed discovery search terms/ESI formats, and any ADR window.Ā California Courts+1
File a crisp CM-110.Ā The court leans heavily on theĀ Case Management Statement; an accurate, complete filing can persuade the judge to adopt your proposed schedule and ADR path.
Use the disclosure rule judiciously.Ā If the other side is āplaying keep-away,ā aĀ timely initial-disclosure demand followed by a documented follow-up can set up CMC discussionāand, if necessary, motion practice withĀ sanctions under the Discovery Act.Ā Justia Law+1
Make ADR work for you.Ā If your case benefits from early mediation (e.g., witness stress, reputational risk, or heavy e-discovery burn), a party can propose aĀ firm mediation dateĀ and mediator shortlist in the CM-110.
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