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(619) 450-7183- Phone hours: 8:00 a.m. to 3:00 p.m
1. Calendars
1.1 General. Counsel are expected to be on time for all scheduled hearings. If for any reason, you find you will be late for an appearance, please contact this Department, in advance, at (619) 450-7074.
1.2 Telephonic Appearance. The California Rules of Court shall govern telephonic appearances.
1.3 Ex Parte. Ex parte appearances are by reservation only on Tuesday, Wednesday, and Thursday at 8:30a.m. Counsel may obtain reservations by contacting the Calendar Clerk at (619) 450-7183. Please note that there is a daily limit to the number of ex parte reservations issued. If you find that you will not be appearing after reserving your date, please contact the Department to cancel. The Court requests that ex parte papers be filed by noon on the day before the hearing with the appropriate filing fee.
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 hearing is deemed necessary.
1.4 Case Management Conferences. CMC's are scheduled on Fridays at 10:00a.m. and 10:30a.m. and at such other times as the Court may designate. This Department sets each case for a CMC approximately 150 days after filing of the complaint. It is the duty of Plaintiffs' and Cross-Complainants' counsel to notify all parties served of the date and time of the CMC if it has been set.
1.5 Trial Readiness Conferences. Trial Readiness Conferences are scheduled on Fridays at 9:30a.m. unless otherwise indicated.
1.6 Trial Call. Trials are called on Fridays at 9:30a.m. and at such other times as the Court may designate.
1.7 Trial. Trial hours are Monday through Thursday, 9:00a.m. until 12:00noon and 1:30p.m. until 4:30p.m., unless otherwise ordered.
2. Law and Motion:
2.1 Reservations Required. This Department hears motions by reservation only. Counsel must reserve a date for each motion to be filed, by contacting the Calendar Clerk at (619) 450-7183. Counsel will be given the first available hearing date.
2.2 Tentative Rulings. Pursuant to the California Rules of Court, this Department issues a calendar note containing the tentative ruling on the day of the hearing. However, as a courtesy to counsel, this Department may also post the tentative ruling the day before on the Court's web site.
2.3 Discovery Motions. Prior to filing any discovery motion(s), an informal discovery conference is mandatory. To reserve a date, contact the calendar clerk at the number provided above.
The moving party is required to meet and confer with the opposing party to select a mutually agreeable date for the informal discovery conference. If the parties are unable to agree on a date for the conference, the moving party is required to obtain a date sufficiently in advance to provide the opposing party with at least Five days’ notice.
The parties are requested to exchange and deliver no more than a three page summary directly to Department 74 no later than the Friday prior to the conference. The parties should be prepared to explain the issues in dispute during the conference. The conference is an informal process intended to encourage resolution of discovery disputes by engaging in meaningful discussion with the benefit of the Court’s input before any motion papers are filed.
The deadline to file a discovery motion is tolled from the date of service of the notice of informal discovery conference (as long as the deadline has not yet expired) through the date of completion of the informal discovery conference. No motion to compel discovery may be filed until after completion of a conference as to the discovery in dispute.
2.5 Captions. The Court requests that the captions of all motion papers clearly identify the document. For instance, in filing a moving points and authorities, the caption should begin "memorandum of points and authorities in support of . . . ." In filing an opposing points and authorities, the caption should begin "Opposing memorandum of points and authorities . . . ." or "Opposition to . . . . " In filing a reply points and authorities, the caption should begin "Reply memorandum of points and authorities . . . ." or "Reply to . . . ." Captioning papers in this fashion allows the Court to easily discern the purpose of the paper submitted. Counsel should refrain from the use of captions such as "Plaintiff's memorandum of points and authorities in support of Plaintiff's reply to Defendant's opposition to Plaintiff's motion."
2.6. Binding. The Court requests that counsel refrain from submitting papers bound in three-ring binders or with the use of Acco-type fasteners.
2.7 Orders. The Court's minute order is the final order of the Court unless the Court directs counsel to prepare and submit an order.
2.8 Applications for Good Faith Settlement. If counsel files an application for good faith settlement pursuant to the Code of Civil Procedures, counsel are to file their order and application concurrently. The application and order will be held the requisite 20 days (plus 5 for mailing, if applicable), and if no motion to contest is filed, the order will be signed and processed. The clerk will return conformed copies of the application with the signedorder after the 20 (or 25) dayperiod has elapsed. The proposed order should contain the following language:
The determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution or partial or comparative indemnity based on comparative negligence or comparative fault. CCP §877.6(c).
3. Construction Defect Cases:
3.1E-file. A construction defect action is designated as a mandatory Electronic Filing Case and is governed by General Order, and the Electronic Filing Requirements must be adhered to.
3.2 Case Management Order. Unless otherwise ordered, counsel are to prepare a Case Management Order using the standardized CMO. A CMO is not required if the case is not complex as defined in California Rules of Court, rule 3.400.
3.3 CMO Timelines. The Court calendars the following events at the corresponding times:
Status Conference
10:30 a.m.
Case Management Conference
10:30 a.m.
Trial Readiness Conference
9:30 a.m.
Trial Call
9:30 a.m.
3.4 Naming new parties. The CMO is to designate a date by which all new parties are to be named.
3.5 Trial and Trial Readiness Conference. The CMO is to designate a date for both the Trial and Trial Readiness Conference.
4. Trial Conduct Guidelines:
4.1 Prepare a verdict form(s) prior to opening statement. If you cannot agree on a verdict form, prepare a verdict form reflecting your client's proposed verdict. The Court wants to know before we start what questions each of you wants answered by the jury.
4.2 Please inform each other, prior to meeting with the Court, of any evidentiary problems you anticipate such as the unavailability of expert witnesses, proposed scene visit, or stipulations concerning foundational requirements. The Court expects counsel to work together and cooperate in putting on a continual flow of witnesses, regardless of whose case they support.
4.3 Please be aware of the requirements of the Code of Civil Procedure concerning the procedures for presenting oral or videotaped depositions, including, but not limited to, the requirements that the party intending to offer video depositions shall notify the parties in writing of the parts of the deposition to be offered
4.4 If you are using a deposition for cross-examination, simply indicate to the Court you wish to publish a portion of the witness' deposition, cite the page and lines, pause to allow counsel to find the subject page and lines, and read both question and answer to the jury without further addressing the witness.
4.5 The well is open. Feel free to try the case to the jury in the well. Do not publish exhibits to the jury without first showing them to counsel.
4.6 Exchange all diagrams, charts and other evidence, demonstrative or otherwise, you intend to publish to the jury in opening statements. If objected to, this evidence will not be published to the jury in an opening statement.
4.7 Ensure that an up-to-date witness list and joint statement of the case is agreed upon and provided to the Court by 9:00a.m. the date of trial.
4.8 The Court will voir dire 20 prospective jurors. The Court will also read questions to the jury submitted by the parties if they are either agreed upon or the Court determines they are submitted to aid in the selection of a fair and impartial jury. If two sides, each side will have six challenges. If more than two sides, please indicate such to the Court.
4.9 Please refrain from personal references when addressing the jury. Who you are, your accomplishments and personal experiences are irrelevant to the issues presented to the jury. Please refrain from interjecting your personal or family experiencesinto this trial.
4.10 When preparing a final argument, please keep in mind that most juries become inattentive after 20 minutes and resentful after 45 minutes. Rebuttal should also be limited to only new issues raised by opposing parties' arguments and last no more than 10 to 15 minutes. This, of course, is only a general rule.
North County Division