Compliance with the California Rules of Court and Local Rules: Department 29 follows the California Rules of Court and the San Diego Superior Court Local Rules. In the event of any potential conflict between those rules and Department 29’s practices and procedures, the Court will modify its practices and procedures to comply with the applicable rules.
Case Management Conferences: Case Management Conferences are usually conducted on Friday mornings at 10:00 am. The parties are expected to file and serve a Case Management Statement in compliance with Rule 3.725 of the California Rules of Court. Parties and counsel are encouraged to review Rules 3.720 thru 3.735 in preparation for the Case Management Conference.
Continuances: Stipulated requests to continue any applicable dates and deadlines may be made by written stipulation. Please provide a proposed order with any stipulation. Disputed requests for continuances should be made by way of a noticed motion or an ex parte application. Please review Rules 3.1200 thru 3.1207 in connection with any ex parte application. Request to continue Trial, Trial Readiness Conference and Motion Cut-off dates may be requested by Stipulation and Proposed Order. The Court will review the Stipulation and Proposed Order and if necessary will call the parties to schedule an Ex-Parte hearing.
Default Prove-up Hearings: Where authorized by law, plaintiff may request entry of a default judgment by written declaration. Plaintiff should submit a proposed judgment in connection with any request for entry of a default judgment. If a default prove-up hearing is necessary, the Court will schedule a hearing. The hearing is usually scheduled for a Friday at 10:45 a.m.
Ex Parte Matters: Please review Rules 3.1200 thru 3.1207 before scheduling an ex parte matter. The Court follows these rules, and frequently denies ex parte applications that do not comply with the rules. A hearing date and time for an ex parte application may be obtained by contacting the calendar clerk. Ex parte applications are usually heard on Tuesdays and Thursdays at 8:30 a.m. Please provide courtesy copies of all ex parte papers to Department 29 as soon as reasonably possible. The Court may need to continue any ex parte application if the moving papers are not supplied to Department 29 by 11:00 a.m. on the day before the scheduled hearing.
Law and Motion Matters: Motions are usually heard on Fridays at 10:30 a.m. and 1:30 p.m. by reservation only. If a 10:30 a.m. Motion time is selected, the parties are strongly encouraged to clear the date and time with opposing counsel for any conflicts before scheduling. The Court will liberally grant requests by opposing counsel for continuances due to scheduling conflicts with downtown cases. Please call the calendar clerk to reserve a hearing date. A tentative ruling will usually be posted on the San Diego Superior Court website before the hearing. The Court will not post a tentative ruling if the Court has not completed its analysis of the motion in time to post a tentative ruling or if other circumstances make it impractical or imprudent to post a tentative ruling. If the Court's schedule allows, and if all parties agree, Judge Frazier is willing to informally address discovery disputes on an ex parte basis. If all parties do not agree to addressing discovery disputes informally on an ex parte basis, then a noticed motion will be required in compliance with the Code of Civil Procedure.
Settlement Conferences: Judge Frazier hears Settlement conferences on Monday mornings and Thursday afternoons. In addition, settlement conferences are conducted by a number of other judges in the North County Courthouse. There are a limited number of settlement conference “slots” available. There are not enough “slots” to conduct a settlement conference in every case. Therefore, Judge Frazier encourages parties to participate in mediation whenever reasonably possible. In cases where a settlement conference is scheduled, the parties are requested to refrain from attempting to change the date of the settlement conference if reasonably possible. Last-minute changes to settlement conference dates often result in having one of the limited number of settlement conference “slots” go unused. Please refer to, and follow, the Local Rules pertaining to Settlement Conferences.
Telephonic appearances: Department 29 follows the applicable rules in the California Rules of Court pertaining to telephonic appearances.
Trial Readiness Conferences: Trial Readiness Conferences are usually scheduled for Fridays at 9:15 a.m. The following documents are required on the first day of Trial Readiness Conference; 1) Joint Statement of the Case; 2) Joint List of Proposed Witnesses; 3) Joint Exhibit List; 4) Complete Set of Proposed Jury Instructions (with objections tabbed); 5) Proposed Verdict Form(s). Failure to have said documents at the time of trial may result in trial delay. Please review and follow the Local Rules. The Court directs counsel to be personally present at Trial Call. A Trial Readiness Conference will usually be conducted in every case.
Trial Dates: Jury trials are usually scheduled for Fridays at 9:00 a.m. Bench trials may be scheduled on Fridays at 9:00 a.m. or on other days of the week, depending on a variety of circumstances pertaining to the Court’s schedule. At the trial call for jury trials, the parties are expected to provide the following materials: (1) the verdict form(s), in final format, so that the form(s) can be photocopied and given to the jury; (2) the jury instructions, in final format, so that the instructions can be photocopied and given to jury; (3) the exhibit list, in the format identified in the Local Rules; (4) a list of witnesses expected to be called at trial, in a format that is suitable for photocopying to give to prospective jurors; and (5) a statement of the case to be read to prospective jurors.
Trials: Department 29 is normally in session for trials on Monday thru Thursday from 9:00 a.m. to 12:00 noon and 1:30 p.m. to 4:30 p.m. If a case has gone to the jury and the jury is deliberating, the Court will usually ask the jurors to continue their deliberations on Fridays. In order to make the best use of the jurors’ time, the Court asks that every party take all reasonable steps to have witnesses available so that there is no time during a jury trial when a party runs out of witnesses. The Court expects the parties to be respectful of the value of the jurors’ time.