Department N-26 Policies and Procedures - Honorable Sim von Kalinowski, Presiding
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Conformity with Local Rules: Unless otherwise indicated herein, Department 26 strictly adheres to the San Diego Superior Court Rules.
Judgment Debtor Examinations: Judgment Debtor Examinations will be conducted on Tuesdays at 8:30 a.m.
Name Changes: Petitions for name change are heard on Tuesdays at 8:30 a.m.
Ex Parte Matters: Ex parte matters are heard only on Tuesdays at 8:30 a.m. unless prior court approval is received. Fee for ex parte applications: $60.00. Ex parte papers are due no later than 11:00 a.m. the business day prior to the ex parte hearing.
Order to Show Cause Hearings: California Rules of Court, rule 3.740 requires that “collections cases” must be served or an order for publication must be obtained within 180 days of filing the complaint, and, if no answer is filed, that a default judgment must be obtained within 360 days of filing the complaint. It is the policy of the San Diego Superior Court that if plaintiff fails to comply with this rule, an Order to Show Cause Why Sanctions Should Not Be Imposed (“OSC re Sanctions”) will be set. Sanctions (typically $150) will be imposed absent a showing of unusual circumstances. A continuance of this OSC will not be granted where the only basis for the continuance is to be given more time to have the default judgment entered. When sanctions are imposed, a second OSC re Sanctions will be scheduled in one year, unless the case is disposed of prior to that hearing. A failure to appear at the OSC re Sanctions will result in the setting of an OSC Why the Case Should Not Be Dismissed.
Case Management Conferences: Case Management Conferences are heard Friday mornings at 9:00 a.m. Counsel/parties shall file a Case Management Statement pursuant to the California Rules of Court, rule 3.725. Attorneys/parties must be familiar and comply with the California Rules of Court, rule 3.724 and San Diego Superior Court Rule 2.1.9. Continued Case Management Conferences do not require a new statement unless directed by the Court.
Continuances: Requests to continue a Case Management Conference, Trial Readiness Conference, and/or Trial may be requested by written Stipulation and Proposed Order. A request to continue a Motion no later than two weeks prior to the hearing may be requested by written stipulation. The Court will review the Stipulation and Proposed Order and, if necessary, the Court may schedule an ex parte hearing. Any continuance not agreed to by all parties must be requested via an ex parte hearing.
Default Prove-Up Hearings: Plaintiff may submit a proposed default judgment by declaration. The Court will inform Plaintiff if a prove-up hearing is required. Default prove-up hearings are heard on Fridays at 2:00 p.m. and must be reserved in advance by calling the calendar clerk.
Law and Motion Matters: Motions are heard on Fridays at 1:30 p.m. by reservation only. A tentative ruling will 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 the California Rules of Court, rule 3.1308(a)(2). Motions to compel will be calendared without requiring an ex parte appearance or meet and confer efforts other than those set forth in the California Code of Civil Procedure.
Settlement Conferences: Settlement Conferences are not available in limited civil matters.
Minors’ Compromises: If the Court determines that a hearing is necessary after reviewing the Petition, hearings are generally scheduled for 3:00 pm. on Fridays, however, the Court will consider a different day or time upon request, if necessary. If a hearing is scheduled, the guardian and the minor, if 13 or older, must be present. The Court will determine on a case by case basis if a minor under 13 must be present and will so inform the Petitioner.
Telephonic Appearances: Telephonic appearances are made pursuant to the California Rules of Court, rule 3.670 and requesting parties must be familiar with all the provisions of this rule. CourtCall® is the designated provider of teleconferencing services for court appearances for the San Diego Superior Court. Call (888) 882-6878 for details.
Personal Appearances Required:
- Trials and hearings where witnesses are expected to testify;
- Hearings on Temporary Restraining Orders;
- Trial Readiness Conferences (unless telephonic appearance is granted by the court at the case management conference);
- Trial Call (as the trial itself is expected to commence at that time);
- 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;
- Where ordered by the Court.
Trials: This department is typically in session for civil and criminal trials Monday-Thursday 9:00 a.m. to 12:00 p.m. and 1:30 p.m. to 4:30 p.m. Although trials are not in session on Fridays, juries will generally be required to deliberate on Fridays.
Jury Fees: For parties requesting a jury trial, advance jury fees of $150.00 shall be deposited with the court clerk’s office on or before the date of the initial case management conference (CMC). The fees are non-refundable. For the second and each succeeding day of trial, jury fees for that day are due at the beginning of each session. Failure to timely deposit the jury fees is deemed a waiver of a jury for trial. (See Code. Civ. Proc. § 631.)
Court Reporter: Due to State cuts in the Judicial budget, effective November 2012, the San Diego Superior Court no longer provides court reporters for civil matters. However, in limited civil matters, the proceedings are digitally recorded. If a party in a civil matter would like a court reporter for their matter they can arrange to provide their own court reporter. For more information and a list of Court-Approved reporters, refer to the San Diego Superior Court’s website (www.sdcourt.ca.gov) under the “General Info” tab: “Resources”, “Court Reporter Information.”
Trial Calls: Trial calls are at 8:45 a.m. on Mondays
Trial Readiness Conferences:
Trial counsel/parties representing themselves must be personally present. Telephonic appearances are not allowed unless approved at the Case Management Conference. Trial readiness conferences are heard at 9:00 a.m. on Fridays or as designated by the Court. A complete Joint Trial Readiness Conference Report must be filed at this hearing. The format for the report is available on the San Diego Superior Court’s website (www.sdcourt.ca.gov) under the “Civil” tab: “Forms”, “Joint Trial Readiness Conference Report.” If either party has requested a jury trial, both parties must additionally present at the time of the Trial Readiness Conference the following:
Joint Witness List with a short sentence describing each witness (e.g. “Dr. John Smith an internist from Mercy Hospital.”);
Joint Exhibit List (follow grid format on attachment to the Trial Readiness Report;
Joint Statement of the Case;
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 causes of actions and all parties. It should be complete and on pleading paper without the attorney/parties names.