Department N-27 Policies and Procedures - Cynthia A. Freeland
Revised: January 22, 2021
Honorable Cynthia A. Freeland, Presiding
Department Courtroom Staff:
| Court Clerk:
|| Michael Garland
|| (760) 201-8027|
| Calendar Clerk:
|| (760) 201-8704|
| Research Attorney:
|| Matthew Miller
Conformity with Local Rules: Unless otherwise indicated herein, Department 27 strictly adheres to the San Diego Superior Court Local Rules, Division II.
Case Management Conferences: Case Management Conferences are heard Friday mornings at the noticed time. Counsel shall file a Case Management Statement pursuant to California Rules of Court ("CRC"), rule 3.725. Attorneys/parties must be familiar with and comply with the applicable provisions of CRC 3.711-3.715 and 3.722-3.729 and Local Rule 2.1.9. Continued Case Management Conferences do not require a new statement unless directed by the Court.
Continuances: Continuance request to continue Case Management Conferences may be continued 1-2 weeks 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. and must be reserved by calling the Calendar Clerk. A witness is required to be present to testify as to the claim.
Ex Parte Matters: Ex parte appearances are by reservation only with the Calendar Clerk and are held on Tuesday 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.
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 CRC, rule 3.1308(a)(2). Motions to compel will be calendared without requiring an ex parte hearing, although Judge Freeland recommends an ex parte meet and confer be scheduled prior to the motion date. Counsel must meet and confer prior to filing demurrers (see new CCP 430.41). If counsel fails to timely take matters off calendar the court may set an OSC regarding sanctions per Local Rule 2.1.20.
Minor's Compromises: Minor's compromises are heard on Tuesday and Thursday at 8:30 a.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. There is no fee for a minor's compromise hearing.
Telephonic Appearances: Telephonic appearances are pursuant to CRC 3.670 and requesting parties must be familiar with all of 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 or click here for further information.
Personal Appearances Required:
- Trials and hearings where witnesses are expected to testify
- Hearings on Temporary Restraining Orders
- Trial Readiness Conferences
- Trial Call
- 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
- Settlement Conferences
- As determined by the Court
Trials: This department is normally in session for trials Monday-Thursday 9:00 a.m. to 12:00 p.m. and 1:30 p.m. to 4:30 p.m. Juries typically do not deliberate on Fridays.
Jury Fees: Payment is due before the start of the next trial day, CCP 631(c). Failure to pay the fee then is technically a waiver of a jury trial. Jury Fees shall be posted by the Case Management Conference.
Trial Calls: Trial calls are at 8:30 a.m. on Fridays. On the first day of trial, counsel/parties must provide to the Court:
- 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);
- 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 cause of actions and all parties. It should be complete and on pleading paper without the firm name.
Trial Readiness Conferences: Trial counsel/parties representing themselves must be personally present; special appearances and telephonic appearances are not allowed. Trial readiness conferences are heard at 10:00 a.m. on Fridays or as designated by the Court. A complete joint trial readiness conference report must be filed at this hearing.