Conformity with Local Rules: Unless otherwise indicated herein, Department 31 strictly adheres to the San Diego Superior Court Local Rules, Division II.
Case Management Conferences: Case Management Conferences are heard at 9:00am.Counsel shall file a Case Management Statement pursuant to California Rules of Court, rule 3.725. Continued Case Management Conferences do not require a new statement unless directed by the Court.
Continuances: Case Management Conferences and Failure Hearings may be continued 1-2 weeks by stipulation of counsel. 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: Default Prove-up Hearings are heard on Fridays at 2:30 p.m. and must be reserved by calling the Calendar Clerk at (760) 201-8701. A date will only be given if your default papers are ready to be filed.
Ex Parte Matters: Fee for ex parte applications: $40; no fee is charged for meet and confers and Minor's Compromise. Ex parte appearances are by reservation only on Tuesday, Wednesday and Thursday at 8:30 a.m. Ex Parte papers are due no later than 11:00 a.m. the business day prior to the scheduled ex parte appearance. Meet and confer hearings require, in lieu of regular ex parte papers, a declaration stating the issues in dispute along with attached copies of what has been requested and any responses given.
Failure Hearings: Telephonic appearances will only be allowed if the sanctions have been paid prior to the hearing date.
Law and Motion Matters: Motions are heard on Fridays at 1:30 p.m. by reservation only. A Tentative ruling may be posted on the San Diego Superior Court website (www.sdcourt.ca.gov) no later than 4:00 p.m. the Court day before the hearing date. Motions are heard in accordance with California Rules of Court, rule 3.1308(a)(2). Motions to compel will be calendared without requiring an ex-parte hearing, although Judge Casserly recommends an Ex Parte Meet & Confer be held with the Judge and Counsel prior to the motion date.
Minor's Compromise: Minor's compromises are heard on Tuesday, Wednesday and Thursday at 8:30 a.m. by reservation only. The Guardian must be present. The minor must be present if he or she is over the age of 13. Minor's compromise papers must be submitted no later than noon the business day prior to the scheduled hearing. There is no fee for a Minor's Compromise hearing.
Settlement Conference: Settlement briefs are to be submitted to the settlement judge at least five court days prior to the hearing. Settlement Conferences are usually calendared on Friday mornings or afternoons with general trial judges in the North County Courthouse Complex. Settlement Conferences may be calendared by calling the Courtroom Clerk at (760) 201-8031. Please be advised that settlement conferences are calendared 60 to 90 days from the date of reservation.
Telephonic Appearance: Telephonic appearances are pursuant to CRC § 3.670. CourtCall® is the designated provider of teleconferencing services for court appearances for the San Diego Superior Court.Personal Appearances Required:
Call (888) 882-6878 for details. See attached.
*Trials and hearings where witnesses are expected to testify
*Hearings on Temporary Restraining Orders
*Trial Readiness Conferences
*Hearings on motions in limine
*Persons ordered to appear to show cause why sanctions should not be imposed for violation of a Court Order or Rule
Trial: This department is normally in session for trials Mon-Thurs 9:00 a.m. to 12:00 p.m. and 1:30 p.m. to 4:30 p.m. Although trial will not be in session on Fridays, the Jury will be required to deliberate on Fridays. Jury and Reporter fees are due at the end of each week and will be summarized through billing statements provided by the courtroom clerk.
Trial Call: Trial Calls are at 8:30 a.m. on Fridays. Trial counsel must be personally present. Telephonic appearances are not allowed. Counsel are to provide a Joint Trial Notebook on this date that includes:
- Table of Contents;
- Joint Trial Readiness Report;
- Motions In Limine / Oppositions with an index of the motions;
- Joint Witness List with a short sentence describing the witness (i.e. "Dr. Joe Smith, an internist from Mercy Hospital");
- Joint Exhibit List (follow grid format on attachment to the Advance Trial Review Orders);
- Trial Briefs;
- Joint Statement of the Case (if not in Joint Trial Readiness Report);
- Proposed Voir Dire questions counsel want the Court to ask;
- Jury Instructions - in sequential order with a post-it note indicating who objects to the instruction;
- Special Verdict Form - either an agreed upon form or each side’s proposed form. The form should follow CACI as closely as possible and include all cause of actions and all parties. It should be complete and on pleading paper without the firm name.
Trial Readiness Conference: Trial counsel must be personally present; telephonic appearances are not allowed. Trial Readiness Conferences are heard at 10:45 a.m. on Fridays or as designated by the court. A complete joint trial readiness conference report must be filed at this hearing.