Department 67 Policies and Procedures - Honorable Eddie C. Sturgeon
Central - Hall of Justice
Rev. November 8, 2017
Honorable Eddie C. Sturgeon, Presiding
This is a civil independent calendar (IC) department.
Scheduling of motions and ex-parte hearings is accomplished by calling the Calendar 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 8:30 a.m. Reservations are made by telephoning the Calendar Clerk at 619-450-7304. Papers in support of the application and proof of notice should be placed in Department 67’s box located in the Civil Business Office on the 2nd floor of the Hall of Justice by 10:00 a.m. 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. 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. No written stipulations will be permitted.
Reappointment of arbitrator / mediator: Requests for reappointment of arbitrator or mediator must state the agreed date certain for the continued arbitration or mediation hearing by way of written stipulation and order.
Law and Motion: Noticed motion hearings are by reservation only and are set on Fridays at 9:00 a.m. for appearing hearing. Counsel may obtain reservations by contacting the Calendar Clerk at (619) 450-7304. This department issues tentative 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 4:00 p.m.
(a) Summary Judgment / Summary Adjudication of Issues: Motions for Summary Judgment, being very labor-intensive, the Court limits the number of such motions which can be heard in any given 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 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 Calendar Clerk in order to schedule a Default Prove-Up hearing.
The following documents should be placed in the Department 67 drop box for processing:
- Ex-parte applications for hearings set within 3-5 days
- Motions in Limine for trial 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