Department N-28 Policies and Procedures - Honorable Earl H. Maas, III
Revised: December 18, 2012
Honorable Earl H. Maas, III, Presiding
Department Courtroom Staff:
| Courtroom Clerk:
|| Noreen McKinley
|| (760) 201-8028|
| Calendar Clerk:
|| Josie Castillo
|| (760) 201-8704|
| Research Attorney:
|| Jo-Ann Coates
|| Christopher Lauraitis
Conformity with Local Rules: Unless otherwise indicated herein, Department 28 strictly adheres to the San Diego Superior Court Local Rules, Division II.
Case Management Conferences: Case Management Conferences are heard on Fridays 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: 1st continuance request to continue Case Management Conference, 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 10:30 a.m.
Ex Parte Matters: Ex parte appearances are by reservation only on Monday and Wednesday 8:30 a.m. Ex Parte papers are due no later than 11:00 am the business day prior to the scheduled ex parte appearance. Parties must meet and confer prior to reserving an ex parte date. Failure to formally meet and confer may result in your hearing being taken off calendar. Notifying the other party of the ex parte hearing does not constitute meeting and conferring. A declaration stating the issues in dispute along with attached copies of what has been requested and any responses given is required.
Failure Hearings: Telephonic appearances will not be allowed.
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 Maas recommends an Ex Parte Meet & Confer be held with the judge and counsel prior to the motion date.
Minor's Compromises: Minor's compromises are heard on Friday at 1:30p.m. by reservation only. The guardian and minor must be present. Minor's compromise papers must be submitted no later than noon the business day prior to the scheduled hearing.
Settlement Conferences: 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) 201-8028. Please be advised that settlement conferences are calendared 60 to 90 days from the date of reservation.
Telephonic Appearances: 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.
Call (888) 882-6878 for details. See attached.
Personal Appearances Required:
- Trials and hearings where witnesses are expected to testify
- Hearings on Temporary Restraining Orders
- Trial Readiness Conferences (by Trial Counsel)
- Trial Call (by Trial Counsel)
- 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 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 9:15 a.m. on Fridays. Trial counsel must be personally present. Telephonic appearances are not allowed.
Trial Readiness Conference: Trial counsel must be personally present; telephonic appearances are not allowed. Trial Readiness Conferences are heard at 10:15 a.m. on Fridays or as designated by the court. A complete joint trial readiness conference report must be filed at this hearing.