Department 67 Policies and Procedures - Honorable Eddie C. Sturgeon
Central - Hall of Justice
Rev. October 5, 2014
Honorable Eddie C. Sturgeon, Presiding
- Courtroom Clerk:††††††††† (619) 450-7067
- Research Attorney:††††††† Kathryn Marienau
- Court Reporter:†††††††††††† NO REPORTER PROVIDED
- (I.C.) Calendar Clerk:†† (619) 450-7304 †
This is a civil independent calendar (IC) department. Upon filing, cases are assigned randomly to either one of IC Departments (Department 14 or Department 15) and normally remain with that department until disposition.
Scheduling of motions and ex-parte hearings is accomplished by calling the IC Clerk at 619-450-7304.
CALENDARS, CONFERENCES AND HEARINGS
Ex-parte Hours: Ex-parte matters are heard by reservation only on Tuesdays and Thursdays at 8:30am and on such other days and times as the Court may allow by special reservation. Reservations are made by telephoning the calendar clerk by 10:00am the day prior to the hearing. Papers in support of the application and proof of notice should be placed in Department 67ís box located in the Civil Business Office on the 2nd floor of the Hall of Justice by 10:00 am on the day prior to the hearing with the appropriate fees paid.
Request to appear by phone: Prior approval from the Court to appear telephonically is not required. No telephonic appearances are allowed at the Trial Readiness Conference and Trial Call. Requesting party is to notify a Teleconference Provider and arrange for the appearance. If more than one party request telephonic appearance, parties are to use the same provider.
Order for publication: Paperwork requesting an order to publish may be submitted for review without an appearance. Obtaining an order to publish does not toll dates, e.g. certificate of service dates. The Court will scrutinize the jurisdictional affidavit to see whether the applicant has taken "those steps a reasonable person who truly desires to give notice would have taken under the circumstances" and has complied with CCP 415.50 and CRC 379.
Guardian Ad Litem: Petition for appointment of guardian ad litem may also be submitted for review and approval without an appearance. The guardian ad litem cannot be someone who also has an interest in the action. Petitions to compromise minors' claims are governed by the San Diego County Superior Court Local Rules.
Trial continuances: Ex-parte requests for trial continuances (and all related dates) require all counsel to be present and to know availability of clients, witnesses, experts and trial counsel for possible resetting of trial dates.
Cases ordered to mediation/arbitration at the time of CMC: Counsel are required to select the arbitrators (2 names) or mediators (2 names) from the list provided in the courtroom prior to leaving Department 67. Additionally, trial dates will be set.
Reappointment of arbitrator/mediator: Requests for reappointment of arbitrator or mediator must state the agreed date certain for the continued arbitration or mediation hearing.
Law and Motion: Noticed motion hearings are by reservation only and are set on Fridays at 9:00am for appearance hearing. Counsel may obtain reservations by contacting the IC Clerk at (619) 450-7304. This department issues rulings pursuant to CRC Rule 324 (b). Tentative rulings will be posted on the San Diego Superior Court website (www.sdcourt.ca.gov) on Thursday at 4:00pm or by calling the telephonic ruling line at (619) 450-7381.
(a) Summary Judgment/Summary Adjudication of Issues: Motion for summary judgment being very labor-intensive, the Court limits the number of such motions which can be heard in any week. Even though the motion is timely filed, it is often very difficult to schedule the hearing within the 30 days before trial requirement. Counsel are urged to prepare and schedule summary judgment motions as soon as possible. Counsel are also urged to take into consideration that summary judgment motions require longer notice than ordinary motions.
Default Judgment by Court: Papers must comply strictly with "Requirements for Default Judgments" in Appendix A to Division II of Local Rules (Civil Litigation). Non-complying papers will be returned with a notation of defects. If personal testimony is required, counsel will be contacted by the IC Clerk in order to schedule a prove-up hearing.
The following documents should be placed in the D-67 drop box for processing if the clerk is not in the department:
- Ex parte applications for hearings set within 3-5 days
- Motions in limine for trials set within 3-5 days of trial date
- Trial briefs
- Oppositions / replies to formally noticed motions
- Joint Trial Readiness Conference Reports
- All other Civil documents must be filed at the Civil Business Office on the 2nd floor of the Hall of Justice.
DEPT 67- ADVANCE TRIAL REVIEW ORDER
Eddie C. Sturgeon
Judge of the Superior Court