Contested and/or Personal Appearance Ex Parte Applications
Contested Ex Parte Applications, or those where counsel wishes to see the Judge, will be heard by reservation only, Tuesday and Friday, at 8:45 a.m. Moving papers, and declarations, must be filed in the business office by 10:00 a.m. the day preceding the hearing. A reservation may be obtained by coming into the business office and submitting the Probate Ex Parte Coversheet (PR-136) with an ex parte petition and order. There is a limit on the number of reservations. The court will not hear contested matters unless the moving papers show extraordinary circumstances. See San Diego Court Rule 4.7.6 (L).
Parties appearing ex parte must serve the application, or any written opposition, on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing shall be conducted unless such service has been made.
All Ex Parte Matters
A party seeking ex parte relief must provide notice to all persons entitled to notice. The Court considers "reasonable notice" to mean by 10:00 a.m. the day before the Ex Parte appearance, absent a showing of exceptional circumstances. A separate Declaration of Notice, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected, or a Declaration stating reasons why notice should not be required, must accompany every request for an Ex Parte order. The Court will not consider a request to waive notice when the recipient's address is unknown unless the declaration required by the California Rules of Court 7.52 is submitted.
All applicants for ex parte relief are expected to comply with the California Rules of Court 3.1200 et seq., and the San Diego Superior Court Rules,4.7.5 and 4.7.6.
Counsel are reminded that an Ex Parte application requires an affirmative factual showing by Declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other basis for Ex Parte relief.
Ex Parte Applications must include a separately prepared Order.
Law and Motion
Law and Motion matters are heard at 1:30 PM on Friday in D-52, in accordance with the California Rules of Court. In most cases, the Court will post a Tentative Ruling by Thursday afternoon at 3:00 PM. The ruling may be accessed online at the probate section of the court's website, www.sdcourt.ca.gov. If all counsel wish to submit on the Tentative Ruling rather than appear for argument, please contact the department clerk to advise the Court.
Deadlines for filing Law and Motion Pleadings are governed by the Code of Civil Procedures and the California Rules of Court. Provisions of the Local Rules of Probate, which are inconsistent with the Code of Civil Procedures, are not applicable to Law and Motion matters and will not be observed by the Court. Late pleadings will not be considered.
In order to manage the law & motion calendar this department requires that all motions to compel discovery responses be scheduled directly through the judge. These motions may be scheduled by obtaining an ex parte hearing as set forth above. Counsel are directed to meet and confer if statutorily required to do so.
Counsel shall not submit their Motion or Points & Authorities with the request for Ex Parte hearing. The Court does require, however, a brief pleading, no longer than one page, double-spaced, stating the discovery issue(s) to be calendared for hearing.
When a matter settles, or a hearing is otherwise unnecessary, PLEASE notify the Clerk at the earliest opportunity so that limited Court resources will not be wasted reviewing the Motion.
Trials and Evidentiary Hearings
The Court's hearing schedule is from 9:00 a.m. to 12:00 p.m., and 1:30 p.m. to 4:30 p.m., with a 15 minute recess in the morning and afternoon. Counsel must complete their matters within the time allotted.
Exhibits must be pre-marked. All evidence must be pre-marked by the Court Clerk. Please provide an extra set of exhibits for the Court and the Witnesses. Please confirm with the Clerk that exhibits have been properly marked prior to the commencement of trial.
In accordance with the provisions of the California Rules of Court, rule 3.670(l), the Court has designated CourtCall, LLC, as the provider that must be used for telephonic court appearances.
A party that intends to appear via CourtCall for a hearing, must provide notice as specified in the California Rules of Court, rule 3.670(g). The party must also arrange the appearance with CourtCall, including following any notice requirements and payment of fees as required by CourtCall. Information on arranging an appearance and payment of fees may be obtained directly from CourtCall at (888) 882-6878.
The court may deny a request to appear telephonically and require the parties to appear in person pursuant to the California Rules of Court, rule 3.670(h).
For matters that are set to be heard on the Court's "Miscellaneous" Probate calendar, which is held on Tuesdays at 9:30 a.m., the Court conducts Telecourt on the preceding Monday at 3:00 p.m. For matters that are set to be heard in the Court's "Estate Appointments" calendar, which is held on Thursdays at 1:30 p.m., as well as matters that are set to be heard on the Court's "Accountings" calendar, which is held on Thursdays at 2:30 p.m., the Court conducts Telecourt on the immediately preceding Wednesday at 4:00 p.m.
Telecourt is not available for the “Guardianship Appointment” calendar held on Wednesday at 9:00.or the “Conservatorship Appointment” calendar held on Tuesday at 1:30 or the “Review Hearing” calendar held at 9:00 on Thursdays. Personal appearances are required for these calendars.
The Telecourt phone number is (619) 450-7540.
Telecourt is only appropriate for non-contested matters that are ready for pre-approval as well as non-contested requests for continuances. The Court will not continue a matter unless all parties who have appeared in the matter agree in advance to the request, including court appointed counsel and guardians ad litem.