Department 63 Policies and Procedures - Honorable Joel R. Wohlfeil
Rev. January 19, 2013
Honorable Joel R. Wohlfeil, Presiding
1 Conformity with Local Rules.Unless otherwise indicated herein, Department 63 adheres to the San Diego Superior Court Local Rules, Division II.
2.1 General. Counsel are expected to appear timely for all scheduled hearings. If for any reason, you will be late for an appearance, please contact the courtroom clerk in advance at 619-450-7063.
2.2 Ex Parte. Ex Parte appearances are by reservation only. Counsel may obtain reservations by contacting the Courtroom Clerk at 619-450-7063. If you will not be appearing after reserving your date, please immediately contact the department to cancel. Parties must provide ex parte pleadings in compliance with the California Rules of Court with every ex parte application. Ex Parte papers are to be filed with the appropriate fee by 12:00 noon the day before the hearing.
Petitions for appointment of a Guardian Ad Litem and Applications for Orders for Publication of Summons may be made ex parte without the necessity of an appearance. The moving papers shall be submitted for review by the court and the court may set a hearing if such a hearing is deemed necessary.
2.4 Telephonic Appearance. The California Rules of Court shall govern telephonic appearances.
2.5 Joint Trial Readiness Conferences. Joint Trial Readiness Conferences. Are pursuant to the local rules, counsel shall bring the Joint Trial Readiness Conference Report to the hearing. A copy of the Advance Trial Review Order is available in Department 63.
2.6 Trial Call. Trials are called on Fridays at 8:30 a.m. and at such other times as the Court may designate.
2.7 Trials. Trial hours are Monday through Thursday, 9:00 a.m. until 12:00 noon and 1:30 p.m. until 4:30 p.m., unless otherwise ordered.
3 Law and Motion
3.1 Reservations Required. This department hears motions by reservations only. Counsel must reserve a date for each motion to be filed, by contacting the Courtroom Clerk at (619) 450-7063.
3.2 Tentative Rulings. This department issues tentative rulings pursuant to the California Rules of Court. Counsel may obtain tentative rulings after 3:30 p.m. on the day immediately preceding the noticed hearing date, via the internet at: www.sdcourt.ca.gov.
If neither party appears on the date and at the time noticed for the hearing, the tentative ruling will be adopted as the final ruling of the Court. Parties wishing to argue before the Court must appear on the date and at the time noticed for the hearing. Failure to file timely motion and/or opposition papers may constitute a waiver of the right to orally argue.
3.3 Motions/Applications for Good Faith Settlement. A proposed order must accompany an application for Good Faith Settlement pursuant to the Code of Civil Procedures. The order should state "This determination bars any other joint tortfeasor or co-obligor from any further claims against the settling parties for equitable comparative contribution or partial or comparative indemnity based on comparative negligence or comparative fault." The application and order will be held the requisite 25 days, and if no motion in opposition to the application for good faith settlement is filed, the order will be signed and processed. The clerk will return a conformed copy of the application at the time of filing only if counsel provides two messenger-slips or self-addressed stamped envelopes. Otherwise, the clerk will return conformed copies of the application with the order signed by the judge after the 25-day period has elapsed.
4 Orders The Court's minute order is the final order of the Court. No further order need be prepared unless the Court directs counsel to prepare and submit an order.
5.1 Filing Required. This Court adheres to the time limits as set forth in the Code of Civil Procedure regarding the time in which to answer, demur, cross-complaint, etc. Stipulations to extend statutory time to respond must be in writing and filed with this Court in order to be effective.
5.2 Approval Required. No procedure or deadline or date established by this Court may be modified, extended or avoided by stipulation or agreement of the parties or counsel, unless the stipulation is approved by this Court in advance of the date sought to be altered. Stipulations to extend discovery cut-off dates should contain the following language:
"This order shall not form the basis to extend any other cut-off dates, to add any new parties, causes of action or defenses, or to continue the trial date."