Rule 5.2. Differential Case Management Generally
5.2.1. The court endeavors to achieve the disposition time goals set forth in CRC 209 (b). Generally, cases will be evaluated and given a designation as a Limited (CRC 209(b)(2)), Unlimited (A), (B), (C) (CRC 209(b)(1)), or Exempt Exceptional (CRC 209(e)) case not later than the Initial Case Management Conference. Any party desiring a particular designation may file a Differential Case Management Request for Designation or Exemption setting forth the reasons for the request in consideration of the factors set forth in CRC 210 and/or 1800 before or with the Initial Case Management Conference Statement or at such other time as circumstances may warrant. (Adopted January 1, 2007)
5.2.2. Pursuant to CRC 209(d), the court may designate a case as Expedited, in which event the disposition time goals set forth in that subsection apply. (Adopted January 1, 2007)
Rule 5.3. Service of Pleadings
5.3.1. When returning conformed copies of a complaint, or cross-complaint which names new parties, the clerk will also provide Notice of Initial Case Management Conference and blank Case Management Statement, both of which shall be served with the Summons and Complaint/Cross-Complaint. (Adopted January 1, 2007)
5.3.2. Within sixty (60) days of the filing of a complaint or a cross –complaint which names new parties, service of the action on adverse parties must be effected and proof of service filed with the court. The filing of an amended complaint pursuant to CCP 472 will begin anew the time for service. (Adopted January 1, 2007)
Rule 5.4. Failure to File Responsive Pleadings, Extension of Time to Respond; Default and Default Judgment
5.4.1. Unless an extension of time to respond is granted by the serving party as provided below, whenever any party served fails to respond within the time required by law the serving party shall, within 15 days thereafter, request entry of default, upon receipt of which the court will set a default hearing. In appropriate cases, declarations under CCP 585 may serve in lieu of personal appearance. In multi-defendant cases which are proceeding as to one or more parties, upon application and order of the court default hearings and judgments as to other parties who have not appeared need not be pursued until the entire matter is concluded. (Adopted January 1, 2007)
5.4.2. Any party serving pleadings may grant to the party served one extension of time to respond, for a period not to exceed thirty (30) days without leave of court. The party granting an extension forthwith shall advise the court in writing of the grant and the due date for response. (Adopted January 1, 2007)
5.4.3. Stipulations seeking to set aside a default shall include a proposed order which includes a directive that the responding party shall have fifteen (15) court days after the date the order is signed to respond. (Adopted January 1, 2007)
Rule 5.5. Amendment of Pleadings
Motions to amend pleadings shall include a proposed order and proposed amended pleading designated as such for separate lodging with the Clerk. (Adopted January 1, 2007)
Rule 5.6. Case Management Conferences
5.6.1. Case Management Conferences will be conducted pursuant to CRC 212. (Adopted January 1, 2007)
5.6.2. An Initial Case Management Conference will be set within approximately 150 days of the filing of an action, for a date set by the Clerk and given in the Notice of Initial Case Management Conference (except in the event a matter is designated as Expedited). Subsequent Conferences are subject to setting at any time in the discretion of the court. (Adopted January 1, 2007)
5.6.3. Case Management Statements shall be filed by all parties at least 5 days before a Conference, and in the event of multiple Conferences, shall accurately reflect all changes of circumstance since the last one. Pro forma Statements, preparation for and/or participation in Conferences are disfavored. (Adopted January 1, 2007)
5.6.4. Appearance by telephone for Case Management Conferences is permitted upon compliance with CRC 298(d), unless ordered otherwise by the court. In multiple party matters, the clerk shall designate the party responsible for linking all parties appearing by telephone. (Adopted January 1, 2007)
5.6.5. Short cause matters, as defined in CRC 214, are subject to exemption from Case Management Conference requirements upon order of the court. (Adopted January 1, 2007)
Rule 5.7. Law and Motion; Proposed Orders
5.7.1. All motions shall include, in the Notice of Motion, an estimate of the amount of time the hearing will entail. Matters which will take 20 minutes or less may be set on any regular afternoon calendar, but will trail criminal and juvenile and all other matters previously set. Matters estimated to require more than 20 minutes will be specially set upon consultation with the Clerk before the motion is filed. The court does not regularly, but may, issue tentative decisions. Appearance by telephone for law and motion matters is permitted upon compliance with CRC 298(b) and (d), unless ordered otherwise by the court. Generally, parties appearing by telephone will not be permitted to argue, but will be asked by the court to respond to specific questions. (Adopted January 1, 2007)
5.7.2. All motions and opposition to motions shall be accompanied by a proposed form of order. In the case of motion for summary judgment/adjudication, a proposed order for the denial of the motion shall specify the factual issues believed by the opposing party to be necessary for determination by a jury. (Adopted January 1, 2007)
Rule 5.8. Setting Cases for Trial
Trials may be set upon the filing by any party of a Request for Trial Setting, to which other parties may respond within 10 court days, or at a Case Management Conference. Any such Request/Response shall estimate the number of days the matter reasonably is expected to take until the matter is submitted for decision. The Request shall indicate whether a jury or court trial is sought and shall include a statement that the proposed date has been confirmed by the Clerk as available and identify all other matters the Clerk has advised may be set on the same date. In the event of multiple settings, as an accommodation, the court will endeavor prior to the date set to establish an order of priority; however, such order of priority is subject to change at any time and it is the parties responsibility to ascertain that no change has taken place since a previous order of priority was established. The parties will be provided notice of trial by the Clerk pursuant to CRC 221. (Adopted January 1, 2007)
Rule 5.9. Settlement Conferences
5.9.1. Except in short cause matters, approximately thirty (30) days before trial a mandatory settlement conference will be held. A settlement conference statement shall be filed pursuant to CRC 222 and shall advise all offers and counteroffers exchanged (pursuant to CCP 998 or otherwise) previously. Any party may submit a Confidential Addendum to the statement which will not be lodged in the file as a public document but will be kept under seal for use only by the settlement conference judge and not subject to inspection except upon order of the court. (Adopted January 1, 2007)
5.9.2. Each party appearing in the action must personally appear at the settlement conference, or, upon application and order of the court, be immediately available and subject to reach at all times until the conference is concluded or the party excused by the judge presiding. Corporate and public entity parties shall be represented by a responsible employee who is authorized to make decisions without limit, subject only to approval of a governing board which has ultimate authority to make such decisions, and representatives of insurance companies providing coverage to parties shall have settlement authority to the limits of the coverage. (Adopted January 1, 2007)
Rule 5.10. Jury Trial: Pretrial Management Conference, Motions in Limine
5.10.1. In the case of all jury trials, within approximately two weeks preceding the trial date there will be a Pretrial Management Conference which will include hearing on motions in limine. Motions in limine and responses shall be filed, respectively, at least ten days and three days before the conference. At least 10 days before the conference there shall be filed a Pretrial Management Conference Statement which includes the following:
(1) Proposed statement of the case to be read to the jury; joint statements are encouraged.
(2) Witnesses list, including estimated length of each witness’s appearance and the anticipated order of witnesses.
(3) Exhibit list with proposed numbering.
(4) Succinct statement of the submitting party’s factual and legal contentions, and points and authorities on anticipated evidentiary and/or substantive issues.
(5) Agreed and proposed stipulations.
(6) Proposed jury instructions and verdict forms. Counsel will be expected to have discussed both and in the conference statement shall identify the instructions to which there is agreement and those which are disputed. In each case where special verdicts or findings of the jury will be required, the party or parties who have requested jury shall present the form of any special verdicts or interrogatories which will be required for the resolution of the matter by the jury, and all other parties may present proposed alternatives thereto.
(7) Any other matter thought to be helpful the orderly progress of the trial, or, alternatively, thought to be a potential impediment to the orderly progress of the trial.
(Adopted January 1, 2007)
5.10.2. The Pretrial Management Conference Statement may serve as a trial brief, unless the court orders otherwise. The conference shall be attended by all attorneys serving as chief trial counsel, who shall be thoroughly familiar with and prepared to discuss all aspects of the case, and whose appearance on behalf of associated counsel shall be binding on all. (Adopted January 1, 2007)
5.10.3. Motions in limine will be heard and likely the subject of ruling at the conference, and after a ruling reconsideration shall occur only upon a showing of good cause. (Adopted January 1, 2007)
5.10.4. Any party who has requested a jury trial in a matter where the right thereto is not guaranteed by law, or has requested a jury trial wherein the jury will be requested to render an advisory verdict, or in any matter in which special interrogatories, findings, or verdicts will be required of the jury, shall present the form of any such interrogatories, findings, or verdicts at the conference. (Adopted January 1, 2007)
5.10.5. Initial jury fees shall be deposited with the Clerk no later than the Pretrial Management Conference, and subsequent day’s fees paid at the outset of the second and successive days of jury trial in a sum sufficient to satisfy that day’s fees and mileage. The failure to meet this obligation shall be construed as a waiver of jury, and if such a waiver is declared by the court the other parties shall have an opportunity to maintain the jury by assuming the continuing financial obligation. (Adopted January 1, 2007)
5.10.6. Counsel shall insure that the prospective jury pool and jury selected are not contaminated by contact with counsel, defendants, or witnesses when in or about the courthouse or otherwise. (Adopted January 1, 2007)
Rule 5.11. Working Copies of Motion Pleadings, Pretrial Management Conference Statements, Trial Briefs
Any motion pleading, points and authorities, Pretrial Management Conference Statement, or trial brief consisting of eight or more pages, inclusive of attachments, when filed shall be accompanied by an additional copy conspicuously marked “Working Copy”. (Adopted January 1, 2007)
Rule 5.12. Scheduling Calendar Dates
Contacting the clerk to determine if a date is available is not sufficient to place a matter on calendar. The party seeking a setting must notice affected parties and the court. (Adopted January 1, 2007)