Superior Court of California, County of San Diego

890b6b5922bfdf7d94898bd6d83002e894fb7867

California Superior Local Rules

We expect lawyers appearing in court to dress neatly and appropriately, and encourage their clients to do the same. D. We expect lawyers to be on time and adhere to time constraints. E. We expect lawyers to be prepared for all court appearances. F. We expect lawyers to attempt to resolve disputes promptly, fairly, and reasonably, with resort to the court for judicial relief only if necessary. G. We expect lawyers to discourage and refuse to accept a role in litigation that is meritless or designed primarily to harass or drain the financial resources of the opposing party. H.

We expect lawyers to honor and maintain the integrity of our justice system, including by not impugning the integrity of its proceedings, or its members. (Rev. 1/1/2020) II. DUTIES OWED TO OTHER LAWYERS, PARTIES, AND WITNESSES A. We expect lawyers to address legal arguments with other lawyers professionally, and not personally. B. We expect lawyers to treat adverse witnesses, litigants, and opposing counsel with courtesy, fairness, and respect. C. We expect lawyers to conduct themselves in the discovery process as if a judicial officer were present. D.

We expect lawyers to not arbitrarily or unreasonably withhold consent to a reasonable request for cooperation or accommodation. E. We expect lawyers to refrain from attributing to an opponent a position the opponent has not clearly taken. F. We expect lawyers to be accurate in written communications intended to make a record. G. We expect lawyers to refrain from proposing a stipulation in the presence of the court or trier of fact unless the other parties have previously agreed to it. H.

We expect lawyers to refrain from interrupting an opponent's legal argument unless making an appropriate objection for a legitimate basis. I. We expect lawyers in court to address opposing lawyers through the court. J. We expect lawyers to seek sanctions sparingly, and not to obtain a tactical advantage or for any other improper purpose. K. We expect lawyers to refrain from seeking to disqualify opposing counsel for any improper purpose or for any reason not supported by fact or law. L. We expect lawyers to encourage other lawyers to conform to the standards in these guidelines. M.

We expect lawyers to conduct themselves so that they may conclude each case amicably with the opposing lawyer or party. (Rev. 1/1/2020)

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 2 DIVISION I GENERAL AND ADMINISTRATIVE

CHAPTER 1 SCOPE OF RULES These rules apply to all cases filed in or transferred to the courts of San Diego County. Rule 1.1.1 Construction, Citation, and Effect of Rules These rules are known and cited as the “San Diego Superior Court Local Rules” and are at all times supplementary to and subject to statutes, the California Rules of Court, and any rules adopted by the Judicial Council and are to be construed and applied so they do not conflict with such rules and statutes.

These rules have no retroactive effect or application. (Adopted 1/1/1998; Rev. 1/1/2000; Rev. 1/1/2004; Renum. 1/1/2006; Rev. 1/1/2023) Rule 1.1.2 Construction and Application of Rules These rules will be construed to secure the efficient administration of the business of the court and to promote and facilitate the administration of justice by the court. Division, section, rule, and paragraph headings do not affect the scope, meaning, o r intent of the provisions of these rules. If any part of a rule is held invalid, all valid parts that are severable from the invalid parts remain in effect.

If a rule is held invalid in one or more of its applications, the rule remains in effect in all valid applications that are severable from the invalid applications. Failure to comply with these rules, or any of the requirements thereof, may result in the imposition of sanctions in accordance with Code of Civil Procedure

section 575.2. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 1/1/2006; Rev. 1/1/2024) Rule 1.1.3 Definition of Words The

definitions set forth in the California Rules of Court for the trial courts apply to these rules with equal force and for all purposes, unless the context or the subject matter requires otherwise. “Answer” includes response. “Case management conference” includes what was formerly referred to as “status conference.” “Complaint” includes cross-complaint and petition. “County” means the County of San Diego, State of California. “Court” means the Superior Court of the County of San Diego and includes any judge, commissioner, referee, and temporary judge currently serving on the bench of any division in the county. “Day” means a calendar day, unless otherwise specified. “Defendant” includes cross-defendant and respondent. “Party,” or other designation of a party, includes such party's attorney of record. “Plaintiff” includes cross-complainant and petitioner. “Rule” refers to a rule of the San Diego Superior Court, unless otherwise indicated. (Adopted 1/1/1998; Rev. 1/1/1999; Rev. 1/1/2000; Rev. 1/1/2004; Renum. 1/1/2006) Rule 1.1.4 New, Amended, Repealed Rules Any rule may be amended or repealed, and new rules may be added by majority vote of the judges of the San Diego Superior Court. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 1/1/2006)

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 3

CHAPTER 2 GENERAL RULES Rule 1.2.1 Policy Against Bias and Access to Court Services It Consistent with the California Standards of Judicial Administration, Standard 10.20, it is the policy of the court to provide an environment free of all types of bias, prejudice, any kind of discrimination, or unfair practice, including that based on citizenship status, race, color, national origin, ancestry, sex (including pregnancy, childbirth, and related medical conditions), age, religion, disability: physical or mentalage, ancestry, color, ethnicity, gender, gender expression, gender identity, genetic information, marital status, sexual orientation, gender identity and gender expression, AIDS/HIV, medical condition, political activities or affiliations, military or veteran status, or national origin, citizenship or immigration status, physical or mental disability, political affiliation, race, religion, sex, sexual orientation, socioeconomic status, status as a victim of crime or abuse, and any other classification protected by federal or state law.

All judges, commissioners, referees, court officers, and court employees must perform their duties in a manner calculated to prevent any such conduct, either by court personnel or by those appearing in court in any capacity. This rule does not preclude legitimate comment or advocacy when such factors are raised as issues in court proceedings.

To assist in providing court interactions free of bias and the appearance of bias, the San Diego Superior Court has established the Anti -Bias and Legal Equality Committee (“ABLE”), which is comprised of judicial officers and attorneys who collaborate with justice partners to promote and support equal access to the courts through education and an informal, accessible, and fair reporting process.

The mission of ABLE is to maintain an environment in the San Diego Superior Court that is free of bias or the appearance of bias and to ensure all people using the courts, including the legal community, have experiences that are free from discrimination on any basis. Complaints of bias in court interactions based on the protected classifications set forth above must be submitted in writing. Submit complaints about judicial officers to the Presiding Judge, San Diego Superior Court,1100 Union Street, San Diego, CA 92101.

Submit complaints about court employees to the San Diego Superior Court Executive Office, 1100 Union Street, San Diego, CA 92101. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006; Rev. 1/1/2017; Rev. 1/1/2018; Rev. 1/1/2022; Rev. 1/1/2027) Rule 1.2.1.1 Access to Court Services To ensure access to the courts for persons with disabilities, the court has appointed ADA coordinators at each of its facilities to address requests for accommodation. Such requests shall be made as far in advance as possible and pursuant to California Rules of Court, rule 1.100.

This rule is not intended to impose limitations or to invalidate the remedies, rights, and procedures accorded to persons with disabilities under state or federal law. More information about accommodations for disabilities can be found on the court’s website, www.sdcourt.ca.gov. To increase access to limited-English-proficient (“LEP”) court users, the court offers language access assistance, including interpreters. Whenever possible given available resources and in accordance with applicable law, the court will provide language access services to LEP court users in all areas of the court.

To facilitate efficient scheduling of interpreters, court users are asked to request interpreters as far in advance as possible, and to advise the court as soon as possible when an interpreter is no longer needed. Further information, including information concerning obtaining an interpreter and for making complaints about language access, may be obtained from the Language Access page on the court’s website, www.sdcourt.ca.gov. Any violation of the above policies should be reported directly to the presiding judge or executive officer.

Any violation of these policies by persons appearing in court should be reported directly to the judicial officer before whom the proceedings were conducted. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006; Rev. 1/1/2017; Rev. 1/1/2018; Rev. 1/1/2022; Rev. & Renum. 1/1/2027) Rule 1.2.2 Departments, Divisions of the Court, and Venue A. The court consists of all the departments and divisions wherever they may be located and whatever their function. These include all facilities located within the North County, East County, South County, and Central Divisions.

The hours of operation are published in the professional and legal newspapers in the county, on the court’s website, and posted in each courthouse.

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 4 B. In addition to the trial departments of each division, there is a presiding or supervising department and other specialized departments as determined by the presiding judge. The supervising judge at each location is responsible for the administrative and calendar operations of the departments located there and for assignment of proceedings in those cases that are filed there. C.

Except as set forth otherwise below or elsewhere provided in these rules, venue for all cases will be according to the zip codes found on the court’s website at http://www.sdcourt.ca.gov. D. The following matters must be filed in the Central Division: 1. Matters now heard on the mental health calendar of the court, including all proceedings under the Lanterman-Petris-Short Act, except permanent conservatorships; 2. The return and filing of indictments; and 3. False claims actions. E. Venue for Civil Cases.

Venue for limited and unlimited civil cases, including collection cases, is divided into two divisions: Central and North County. The East and South County Divisions are included in the Central Division for purposes of these cases. This does not apply to civil harassment and elder or dependent abuse restraining orders, which will be filed in accordance with the zip code list. Venue for unlawful detainer, forcible entry, and forcible detainer cases will be governed by rule 2.4.2. F. Venue for Construction Defect Cases. Venue for construction defect cases is divided into two divisions: Central and North County.

The East and South County Divisions are included in the Central Division for purposes of these cases. If a case primarily involves construction defect claims, it may be assigned to a judge designated to hear construction defect cases. G. Venue for CEQA Cases. Venue for CEQA (California Environmental Quality Act) cases is divided into two divisions: Central and North County. The East and South County Divisions are included in the Central Division for purposes of CEQA cases.

Original petitions must show the proper venue and be filed in accordance with the zip code list found on the court’s website at: http://www.sdcourt.ca.gov, and in accordance with this rule. Pursuant to Public Resources Code

section 21167.1(b), CEQA cases will be assigned to a judge designated to hear CEQA matters. A list of CEQA designated judges can be found on the court’s website at: http://www.sdcourt.ca.gov. If one of the designated judges becomes disqualified for any reason, the case will be reassigned to another CEQA designated judge. H. Venue for Criminal Cases 1. Generally. Except as otherwise set forth in these rules, the People must file all criminal cases in the division in which the crime is alleged to have occurred, in accordance with the zip code list found on the court's website at http://www.sdcourt.ca.gov.

The People may make written application to the supervising judge of the division in which the case would be filed in accordance with the zip code list on the court's website, setting forth good cause why that case should not be filed in accordance with this rule. 2. City of Coronado and City of Del Mar Cases. Cases arising in the City of Coronado must be filed in the South County Division, and cases arising in the City of Del Mar must be filed in the North County Division. I. Venue for Adult Traffic/Minor Offense Cases. Except as set forth in Vehicle Code

section 40502, subdivision (b), venue for traffic and minor offense cases charged against adults will be in accordance with the zip code list found on the court's website ( http://www.sdcourt.ca.gov), except that cases arising in the City of Coronado must be filed in the South County Division, and cases arising in the City of Del Mar must be filed in the North County Division. J. Venue for Juvenile Traffic/Minor Offense Cases.

Venue for traffic and minor offense violations charged against juveniles (under 18 years of age) will be in the Juvenile Court of the Central Division, except the following categories of citations will be accepted for filing in the Adult Traffic and Minor Offense Departments of the respective Court Divisions: 1. All Vehicle Code infraction citations issued to juveniles (under 18 years) that do not involve drugs or alcohol; 2. All Municipal Code and Local Ordinances that involve driving or operation of a motor vehicle; 3.

All appeals of parking citations issued to juveniles (under 18 years) and minors (18-21 years); 4. All infractions citations issued to minors (18-21 years) for Business and Professions Code violations involving minors in possession and related alcohol and drug charges; and 5. Citations issued to minors (18-21 years) for Vehicle Code

section 23140, subdivision (a), (person under 21 years, driving under the influence of alcohol). See exception noted below. Exception: Citations issued to minors (18 -21 years) for Vehicle Code

section 23140, subdivision (a), in the Central Division will be accepted for filing in the Criminal Division downtown. K. Venue for Juvenile Justice Cases. Venue for all juvenile justice cases initiated by petition will be in the Juvenile Court of the Central Division, except as otherwise set forth in these rules. L. Venue for Juvenile Dependency Cases and Adoption Cases. Juvenile dependency cases must be filed in the Central, North County, and East County Divisions in accordance with the zip code list that is as agreed upon

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 5 by the Juvenile Court, Child and Family Well-Being, and County Counsel. The current list will be maintained by the presiding judge of the Juvenile Court. Adoption cases must be filed as set forth in rule 6.2.1. M. Venue for Family, Domestic Violence and State Government Child Support Cases. Venue in family law, domestic violence and state government child support cases will be governed by rule 5.1.5. N. Venue for Probate Cases. Venue in probate cases will be governed by rule 4.1.2. O. Transfer of Actions.

Any action or proceeding may, for good cause shown on motion of a party, and after hearing, be transferred to a different court location. Motions and hearings on such transfer must be heard in the court where the action or proceeding is pending. In ruling on such a motion the judge presiding may, in their discretion, deny transfer of a case that has been filed at a court location not authorized by subsection C above.

The presiding judge, supervising judge, or designee (including any judge assigned for all purposes to a case) may order a transfer to a different court location at any time without motion or hearing in their discretion for reasons stated in the order to transfer. Although transfer will ordinarily be ordered in civil matters at the time of the case management conference or in criminal matters at the time of arraignment, such transfer may be ordered at any time at the discretion of any of the judges set forth above.

If the order to transfer is made without a hearing or at a time other than a hearing, any party will be entitled to be heard concerning such transfer if a request for hearing is made to the judge who ordered the transfer within 10 days after notice of transfer.

Whenever, in the discretion of the presiding judge or his or her designee, the criminal calendar in any division has become so congested so as to jeopardize the right of a party to a speedy trial or to interfere with the proper handling of the judicial business in that division, or for security or calendar management reasons, the judge may order those cases that are to be filed in that division be filed in a different division. (Adopted 1/1/1998; Rev. 1/1/1999; Rev. 1/1/2001; Renum. 7/1/2001; Rev. 1/1/2002; Rev. 1/1/2003; Rev. 1/1/2004; Rev. & Renum. 1/1/2006; Rev. 1/1/2007; Rev. 1/1/2010; Rev. 1/1/2013; Rev. 1/1/2015; Rev. 1/1/2016; Rev. 1/1/2019; Rev. 1/1/2021; Rev. 1/1/2023; Rev. 1/1/2024; Rev. 1/1/2025; Rev. 1/1/2027) Rule 1.2.3 Policy on Availability of Court Reporters and Electronic Recording The availability and unavailability of official court reporters is set forth in the Court’s Policy Regarding Normal Availability and Unavailability of Official Court Reporters ( Form SDSC #ADM -317).

The Court’s current policy is available on its website, www.sdcourt.ca.gov. The San Diego Superior Court provides electronic recording services in infraction and misdemeanor proceedings. The court may electronically record limited civil proceedings. Examples of such proceedings include but are not limited to: limited unlawful detainer trials, collections trials, and small claims trials. Otherwise, matters will not be recorded unless ordered by the court.

The San Diego Superior Court will not regularly provide electronic recording of hearings on motions or ex parte applications in limited civil proceedings, including, but not limited to limited unlawful detainer proceedings. A party who has been granted a waiver of court fees and costs may request the services of an official court reporter for a proceeding for which a reporter is not normally available and for which an electronic recording is not provided.

Such a request should be made using the Request for Court Reporter by a Party with a Fee Waiver form (SDSC Form #ADM-379), available on the court’s website, www.sdcourt.ca.gov, and must be filed with the clerk at least 10 days before the proceeding. If the requesting party received less than 10 days' notice of the hearing or trial, the requesting party must file the request as soon as practicable. Party(ies) to the case who do not qualify for a waiver of fees may be responsible for a pro rata share of the fees.

The clerk will notify the requestor as soon as possible if an official court reporter will not be available. The court does not provide court reporter transcripts free of charge. A party who has not received a fee waiver pursuant to California Rules of Court, rule 3.55(7) and who seeks a verbatim record should arrange for a certified shorthand reporter to serve as an official pro tempore reporter, unless the proceedings are electronically recorded by the court in which case the electronic recording is the official verbatim recording of the proceeding as provided in Government Code

section 69957, and California Rules of Court, rules 2.952 and 2.956(c). The party desiring a court reporter's services for a proceeding for which the court does not make an official court reporter available may arrange for the appointment of a court approved official reporter pro tempore from a list maintained by the court, or may, by stipulation, arrange for the appointment of a privately retained certified shorthand reporter, in accordance with the procedures posted on the court's website and available in the clerk's office.

If an arrangement for a court reporter is made under this subdivision, it is the responsibility of the arranging party or parties to pay the reporter's fee for attendance at the proceedings and any resulting official transcript of the proceedings. (Adopted 1/1/2020; Rev. 1/1/2021; Rev. 1/1/2025)

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 6 Rule 1.2.4 Decorum for Court Appearances All rules of courtroom civility and decorum apply equally to appearances by remote video. Individuals appearing in court, whether in person or by remote video, must dress in an appropriate manner consistent with ordinary sensibilities. Attorneys appearing in person or by remote video should dress in accordance with generally accepted standards for business attire.

Individuals in the courtroom or appearing by remote video must take measures to ensure there will be no interruptions or distractions while court is in session. Participants should refrain from chewing gum, eating, smoking, vaping, or using a cell phone or other electronic device not related to the proceedings. (Adopted 1/1/2025)

CHAPTER 3 EXECUTIVE OFFICER OF THE COURT Rule 1.3.1 Appointment, Powers, and Duties A majority of the judges of the court may appoint a court executive officer pursuant to

section 71620 of the Government Code who also acts as jury commissioner and clerk of the court. Any reference in these rules, the California Rules of Court, or statutes , to the executive officer, clerk of the court, or jury commissioner refers to the executive officer who functions in each of these capacities. The powers, duties, and responsibilities transferred from the county clerk to the court executive officer pursuant to this rule include all of those performed by the county clerk with respect to court actions, proceedings, and records.

The county clerk is hereby relieved of any obligation imposed by law with respect to the above powers, duties, and responsibilities. This rule does not transfer from the county clerk to the court executive officer obligations in reference to the issuance of marriage licenses or the filing of fictitious business names. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006)

CHAPTER 4 MISCELLANEOUS PROVISIONS Rule 1.4.1 Records Nothing on file in any court may be taken out of the clerk’s office or the civil business office unless it is going to a courtroom or chambers of a judge. (Adopted 1/1/1998; Renum. 7/1/2001; Renum. 1/1/2006) Rule 1.4.2 Exhibits Evidence admitted in any case before any court will be only those items required in the case and will be retained by the court for the minimum time required by law, unless good cause is shown to retain the evidence longer. No exhibit will be received by any court if the exhibit poses a security, storage, safety, or health problem. A.

Prohibited Items. Exhibits that will not be received include but are not limited to: 1. Any type of explosive powder; 2. Explosive chemicals, toluene, ethane; 3. Explosive devices, such as grenades or pipe bombs; 4. Flammable liquids such as gasoline, kerosene, lighter fluid, paint thinner, ethyl-ether; 5. Canisters containing tear gas, mace; 6. Rags which have been soaked with flammable liquids; 7. Liquid drugs such as phencyclidine (PCP), methamphetamine, corrosive liquids, pyrrolidine, morpholine, or piperidine; and 8. Samples of any bodily fluids, liquid or dried.

Exhibits that will not be accepted by the exhibits custodian, and that will be ordered returned to the submitting party at the conclusion of the trial or hearing at which the exhibit was received, include:

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 7 1. Containers with liquid substances that are not clearly marked and identified as to type and amount; 2. Hypodermic needles unless placed in containers which will safeguard personnel; 3. Foam-core boards or substantially similar material used for displaying exhibits such as, but not limited to, photographs, charts, drawings or maps; 4. Large or irregularly shaped objects that do not fit in a records box that is 12 x 10 x 15 inches or smaller; 5. Firearms or ammunition of any kind; 6. Drugs; and 7. Money.

Applications for exceptions to this rule regarding large or irregularly shaped objects, firearms, firearms ammunition, drugs, or money shall be made in writing to the Criminal Supervising Judge or their designee, with notice to the branch court’s exhibits custodian and all parties. All exhibits must be individually tagged with the proper exhibit tag. Each exhibit tag must be properly completed and securely attached to the exhibit. Any exhibit improperly tagged, marked, weighed, or otherwise identified will not be accepted by any court.

Original photographs must be substituted for any photographically enlarged exhibits. If any exhibit is ordered returned to the submitting party, the submitting party shall provide the court with a full and complete photographic or electronic record of the exhibit. The court will retain the photographic or electronic record along with the other trial/hearing exhibits. The submitting party shall be responsible for maintenance, custody, and safekeeping of the returned exhibit until 60 days after the case becomes final as defined by Penal Code § 1417.1.

All exhibit tags and other identifying markings shall remain in place during this period. The submitting party shall maintain a record of anyone, other than the counsel of record or his or her staff, who views or handles the exhibit. In the event the exhibit is requested for further proceedings by any court having jurisdiction over the case, the submitting party shall contact the requesting court and make arrangements for the delivery of said exhibit, with notice to this court and all counsel of record. B. Viewing, Photographing, and Copying Exhibits.

Only attorneys of record and court employees may view the exhibits without a court order. All other interested persons must first obtain an order of the court by completing the Request to View, Photograph, or Copy Exhibits (SDSC Form #ADM-386), available on the Forms area of the court’s website, www.sdcourt.ca.gov . Viewing must take place in the presence of an exhibit custodian. Exhibits may not be altered or taken apart, except by court order.

If the court issues an order permitting the copying of exhibits, all exhibits may be copied regardless of format (e.g., paper, photograph, DVD, CD, audiotape, videotape) unless copying of a specific exhibit, or use of a particular type of copying equipment, is prohibited by law or court order. C. Temporary Release of Exhibits. Attorneys, investigators, law enforcement agencies, and other interested parties may seek temporary release of exhibits for copying or laboratory testing. A stipulation and court order is required in all instances, except a stipulation is not required in civil cases.

The party seeking the release must present a certified copy of a signed stipulation and order to the exhibit custodian. The order must include the case number, names of the parties, name and telephone number of the person to whom the exhibits are to be released, a description of the exhibits, and the date the exhibits are to be returned. Exhibits in a criminal matter may be temporarily released for use in a civil action brought by the victim of the crime.

The party seeking the release must first obtain an order of the court by completing the Request to View, Photograph, or Copy Exhibits ( SDSC Form #ADM -386), available on the Forms area of the court’s website, www.sdcourt.ca.gov. The party seeking the release must present a certified copy of the signed order to the exhibit custodian. D. Exhibits in Civil Cases. Unless specifically ordered by the court, all exhibits marked, identified and/or admitted into evidence in a civil case will be returned to the offering party at the conclusion of trial.

The party to whom the exhibit is returned is responsible for maintaining and preserving that exhibit pending any post -verdict proceedings and appeals, until there is a final disposition of the action or proceeding. All exhibit tags and other identifying markings or information concerning each exhibit must remain in place and not be disturbed. Each exhibit must remain intact and in the same condition as during trial.

In the event further proceedings of any court having jurisdiction of the matter require the presence of any exhibit, the party introducing the exhibit must promptly deliver the exhibit to the court, with notice to all parties.

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 8 (Adopted 1/1/1998; Renum. 7/1/2001; Rev. 7/1/2002; Renum. 1/1/2006; Rev. 1/1/2007; Rev. 1/1/2011; Rev. 1/1/2013; Rev. 1/1/2016; Rev. 1/1/2018; Rev. 1/1/2019; Rev. 1/1/2025; Rev. 1/1/2026) Rule 1.4.3 Jury Lists The jury master list for the Central Division will be comprised of those jurors residing in any of the filing districts. The jury master list for the East, North and South County Divisions will be comprised of those jurors residing in the filing district as determined by zip code that corresponds with the division in which the juror lives. The Zip Code List may be accessed under the forms

section of the court’s internet site at http://www.sdcourt.ca.gov. The jury master list will be drawn so that all eligible persons have an equal chance of being selected for the court division in which they reside regardless of their place of residence. The Jury Commissioner or their designee may grant a temporary excuse from jury service to a prospective juror who has served on a grand or trial jury in any state or federal court during the previous 36 months.

A prospective juror who was summoned and appeared for jury service in any state or federal court during the previous 12 months will be temporarily excused from jury service, upon request. (Adopted 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Rev. & Renum. 1/1/2006; Rev. 1/1/2007; Rev. 1/1/2008; Rev. 1/1/2016; Rev. 1/1/2025) Rule 1.4.4 Appointment of Counsel Under the Servicemembers Civil Relief Act If the plaintiff or defendant in an action is in the military service, the Servicemembers Civil Relief Act (“the Act”) may apply. (50 U.S.C. §3901-4043.) A. If the defendant servicemember has not made an appearance: 1.

The court may not enter a default judgment or an order of default on the merits unless the court appoints an attorney for the defendant. Default means any order, ruling or decree which is adverse to the servicemember’s interest. Actions taken by the appointed attorney do not bind the servicemember or waive any defenses (including lack of jurisdiction) unless the servicemember has authorized action. 2.

The court must grant a 90 -day or longer initial stay if there may be a defense to the proceeding which the servicemember cannot present without being present, or if after due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists. 3. After the 90-day stay, the court must appoint an attorney to represent the servicemember in the action or proceeding if it refuses to grant an additional stay. 4. If the court does enter a default, plaintiff may be required to file a bond to indemnify the responding servicemember if the order is later set aside. 5.

If the court enters a default judgment during a period of military service (or within 60 days after the end of service), the court must reopen the judgment to allow the servicemember to defend if: a. The service member was materially affected due to military service in asserting a defense, and b. The service member has a meritorious or legal defense to the action or some part of it, so long as the application is filed within 90 days after the end of military service. B. If the plaintiff or defendant servicemember has received notice of the proceeding: 1.

The court may, on its own motion, stay the action for a minimum 90 day stay. 2. The court must grant a minimum 90 -day stay of the proceedings if the servicemember communicates that military duty requirements materially affect the servicemember’s ability to appear, stating a date when the servicemember will be available, and if the ser vicemember’s commanding officer communicates that the servicemember’s current military duties prevent an appearance and leave is not authorized at the time of the hearing. 3. The servicemember may apply for an additional stay in the same manner as the original request.

If the court refuses to grant the additional stay, the court must appoint counsel to represent the servicemember in the proceeding. In cases where an attorney is appointed and the attorney is unable to locate and/or secure the servicemember’s agreement to representation, actions by the attorney must not waive any defense of the servicemember or otherwise bind the servicemember.

Any actions taken by the attorney appointed pursuant to an order under the Act do not constitute an appearance for jurisdictional purposes and do not constitute a waiver of any substantive or procedural defense, including a defense relating to lack of personal jurisdiction. C. Miscellaneous. 1. Appointments of counsel under the Act are pro bono.

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 9 2. Any individual holding a power of attorney from the servicemember may appear in court on their behalf to request a stay or additional stay. 3.

A request for a stay does not constitute a general appearance for jurisdictional purposes or a waiver of substantive or procedural defenses. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2008; Rev. 1/1/2009; Renum. 1/1/2010; Rev. 1/1/2012; Rev. 1/1/2016; Rev. 1/1/2020; Rev. 1/1/2025) Rule 1.4.5 Communication and Coordination Regarding Criminal Protective Orders and Restraining Orders (California Rules of Court, rule 5.445) A. Definition and Purpose. The

definitions and purpose of this local rule are set forth in the California Rules of Court, rule 5.445. B. Communication and Coordination. 1. The court will ensure that clerks assigned to departments that hear criminal protective and restraining orders and child custody and visitation orders, will receive training in the use of the San Diego County Sheriff’s Restraining Order Index so that judicial officers have access to existing restraining orders issued in the court upon request. 2.

Courts responsible for hearing criminal protective orders and courts issuing orders relating to child custody and visitation that involve the same parties are encouraged to communicate and share information in order to coordinate terms of the orders with a goal towards ensuring the safety of all parties involved in those proceedings. (Cal. Rules of Court , rule 5.445(c)(3) , Pen. Code, § 136.2(f).) This rule does not abrogate any requirement that a court considering modifying an order set the matter for hearing and share the information with the parties. C.

Notice by Parties to Court Handling Protective or Restraining Orders 1. Duties of Self -Represented Parties and Attorneys in Family Law, Dependency and Probate Guardianship Cases.

All self-represented parties and attorneys must inform the judicial officer hearing any temporary or permanent domestic violence, family, civil harassment, juvenile, or elder abuse (i.e., “personal conduct”) restraining order, or any hearing involving child custody and visitation of the existence of any temporary or permanent personal conduct restraining order, criminal protective order, or order regarding child custody and visitation, that involves any party to the case pending before that court.

The parties must also provide the court with a copy of the restraining order and have a continuing duty to update the court regarding the status of such orders. 2. Prosecuting Attorney’s Duty. The prosecuting attorney must investigate and disclose to the judicial officer hearing any criminal case in which a temporary or permanent criminal protective order is sought or issued, of the existence of any temporary or permanent domestic violence, family, civil harassment, juvenile or elder abuse (i.e., “personal conduct”) restraining order that involves any party to the criminal case. D.

Termination or Modification of Criminal Protective Order. To request atermination or a modification of a criminal protective order, counsel or a litigant the prosecuting attorney, defendant, or victim must file a Petition to Terminate or Modify a Domestic Violence Criminal Protective Order ( SDSC Form #CRM -248), which with the Business Office in the Division where the criminal case is pending. The petition will then be calendared in athe appropriate department that hears such matters. 1.

In Central, the petitions for misdemeanor cases must be filed in Criminal Business Office 250 and the hearings will be set in Department 1104. The petitions for felony cases must be filed in Criminal Business Office 150 and the hearings will be set in the appropriate department. 2. In North County, the petition must be filed and the hearing scheduled in the Business Office, and the hearing will be set in Department 1 for misdemeanors and in Department 5 for felonies. 3. In South County, the petition must be filed in the Business Office and the hearing will be set in Department 12. 4.

In East County, the petition must be filed in the Business Office and the hearing will be scheduled in a calendaring department. (Adopted 1/1/2015; Rev. 1/1/2018; Rev. 1/1/2027) Rule 1.4.6 Related Civil, Probate, and Family Cases

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 10 If a notice of related case is filed pursuant to Rule 3.300 of the California Rules of Court and lists probate and/or family law cases in addition to civil cases, the party filing the notice of related case must, within 15 days of the filing of the notice of related case,

schedule an ex parte hearing in supervising civil department. (Adopted 1/1/2026) DIVISION II CIVIL

CHAPTER 1 GENERAL POLICIES AND PROCEDURES Rule 2.1.1 Policy It is the policy of the courts to manage all cases in accordance with the Standards of Judicial Administration, Appendix to the California Rules of Court. Nothing in the Appendix prevents the courts from issuing an exception order based on a specific finding that the interests of justice require a modification of the routine processes as prescribed. However, no procedure or deadline established by these rules or order of the court may be modified, extended or avoided by stipulation or agreement of the parties, except as permitted by Government Code

section 68616, unless approved by the court in advance of the date sought to be altered. (Adopted 1/1/1998; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2010) Rule 2.1.2 Filing and Service of Papers Unless specifically directed otherwise, all papers must be filed in the civil business office of the appropriate division. A. Forms. Photocopies or computer generated duplicates of Judicial Council (JC) and court (SDSC) forms may be used only if the copies are clear, legible, easily readable, the same color as the original, and submitted on the same type of paper (e.g., NCR). B. Conformed Copies.

The court will conform only one copy of each original submitted for filing. If conformed copies are to be returned by mail or messenger, a stamped, self-addressed envelope or messenger slip must be included. Conformed copies that do not include a means of return will be retained in the pick- up box of the Civil Business Office and recycled after 30 days without pick-up. C. Proofs of Service. Proofs of service must be signed by the person who actually accomplished the service. Where forms of service involve more than one component, declarations must be signed by each person completing a component.

For example, substituted service of summons is often accomplished by one person doing the substituted service in the field while another completes the service by mailing the copies to the named defendant. In that case, declarations must be signed by each. D. Proposed filings. Proposed pleadings for which permission is requested from the court should be lodged with a notice of lodgment or submitted as an exhibit to an ex parte motion, motion, stipulation, etc. If permission is granted by the court, the original pleading must be separately filed with the civil business office.

If the documents are lodged with a notice of lodgment, the notice of lodgment (without the lodged documents) must be separately filed. E. Imaged Cases. Court filings in all newly -initiated civil cases will be imaged and stored in an electronic court file. The electronic court file is certified as the official record of the court, pursuant to Government Code

section 68150 and California Rules of Court, rule 2.504. The electronic court file can be accessed via the court’s webpage at http://www.sdcourt.ca.gov or at one of the public kiosks in the civil business office in each division. Paper filings that are imaged and stored electronically will be physically stored by the court for 30 days after filing, after which time they will be destroyed, with the exception of those original documents the court is statutorily required to maintain, in which case the court will physically retain the original for the period of time required by law.

Parties submitting original documents the court is statutorily required to maintain shall place the words “EXEMPT FROM DESTRUCTION” in all caps immediately under the title of the pleading to which the original document is attached. Access to paper filings during the 30-day retention period will only be granted by order of the court upon a showing of good cause.

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 11 Any original documents necessary for a motion hearing or trial shall be lodged with assigned department in advance of the hearing pursuant to California Rules of Court, rule 3.1302(b).or trial. All exhibits lodged must comply with San Diego Superior Court Local Rule 2.5.6. F. Pseudonymous Plaintiff/Petitioner. A plaintiff/petitioner who wishes to proceed under a pseudonym or by using initials instead of their true name must first obtain a court order prior to filing the complaint/petition, unless filed under Civil Code

section 1708.85 or Code of Civil Procedure

section 367.3. The request to proceed by pseudonym/initials should be submitted to the supervising civil department, must comply with rules 2.550 –2.585 of the California Rules of Court and should include an appropriate proposed order. Plaintiff/Petitioner must also submit both redacted and unredacted versions of the complaint/petition. G. Submission of Evidence. In accordance with San Diego Local Rule 2.5.8, the court may permit parties to appear by telephone or video in civil cases.

Refer to your Notice of Hearing and the court’s website at http://www.sdcourt.ca.gov for the most current instructions on how to appear and how to submit evidence. Unless otherwise ordered by the court, the following rules apply to trials other than in Unlawful Detainer and Small Claims cases in which one or more parties appear remotely: 1. Unless otherwise ordered by the court in a particular case, parties appearing remotely must submit and serve all evidence to the court at least five court days prior to the scheduled trial date. 2.

The parties must comply with San Diego Local Rule 2.5.6 regarding permissible exhibits. Original documents must not be submitted. 3. Failure to exchange evidence may result in the court not considering that evidence. H. Government Entities Exempt From Filing Fees. Any party who is exempt from filing fees pursuant to Gov. Code § 6103 must so indicate on the first page of the document submitted for filing and must specifically indicate which parties are exempt.

This information must appear in the upper right -hand corner of the document, above the case caption, in an area that will not interfere with the clerk affixing a file stamp. I. Consent/Withdrawal of Consent to Electronic Service. A self-represented litigant who wishes to consent to electronic service must file a Notice of Consent to Receive Electronic Service ( SDSC Form # ADM - 431) with the court and serve a copy on all parties who have appeared in the action.

A self -represented litigant who wishes to withdraw consent to electronic service must file a Notice of Withdrawal of Consent to Receive Electronic Service (SDSC Form # ADM-431). J. Writs of Execution and Writs of Possession. Writs of execution and/or writs of possession will only be received by the civil business office if submitted with a proposed judgment or after judgment is entered.

Any writs of execution and/or writs of possession received between submission of a proposed judgment and entry of a judgment will be rejected. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2009; Rev. 1/1/2015; Rev. 1/1/2021; Rev. 1/1/2022; Rev. 1/1/2023; Rev. 1/1/2024; Rev 1/1/2025; Rev. 1/1/2027) Rule 2.1.3 Case Assignment At the time an action is filed, it will be assigned either to the master calendar or to a judge for all purposes.

A Notice of Case Assignment and Case Management Conference, which includes the name, physical location, and department of the assigned judge, if any, and a Stipulation to Use of Alternative Dispute Resolution Process form may be generated at the time the case is filed. It is mandatory that the plaintiff or cross -complainant serve all defendants with a copy of the Notice of Case Assignment and Case Management Conference form and other documents as set out in rule 2.1.5.

If a case is filed which involves essentially the same issues as one assigned to a specific judge, or is refiled following a dismissal or other disposition, the parties must follow the related case procedure set forth in the California Rules of Court and in Local Rule 2.1.3.1. If a case is ordered re-assigned to another department, all pending dates will be vacated and must be re-set in the new department. Construction defect cases in the county may be assigned to a designated construction defect department. Any pre-litigation petition brought to the court pursuant to Civil Code

section 1375, subdivision (n), will be assigned a case number and may be assigned to a designated construction defect department. Any construction defect complaint filed after completion of the pre-litigation requirements of Civil Code

section 1375 et seq., will be assigned the same case number as any pre-litigation case number existing for the action. A case initially assigned to an independent calendar judge for all purposes may be reassigned to the court’s master calendar if, at the time of trial call, it is determined that although the case is ready for trial the assigned judge will not be trying the matter. The supervising civil judge or their delegee supervises the master calendar (see Code Civ. Proc., § 170.6, subd. (a)(2)) and will notify the parties of the name of the judge who has been assigned to try the

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 12 case. Accordingly, if any of the parties intend to challenge the judge assigned for trial pursuant to Code of Civil Procedure

section 170.6, subdivision (a)(2), they must do so at the time they are notified of the assignment. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2003; Rev. 1/1/2004; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2010; Rev. 1/1/2014; Rev. 1/1/2016; Rev. 1/1/2018; Rev. 1/1/2022; Rev. 1/1/2023; Rev 1/1/2025) Rule 2.1.3.1 Related Cases If a notice of related case is filed pursuant to Rule 3.300 of the California Rules of Court and all the cases listed in the notice were filed in the San Diego Superior Court civil division, the party filing the notice of related case must, within 15 days of the filing of the notice of related case,

schedule an ex parte hearing with the judge who has the earliest filed unlimited civil case or, if all cases are limited, the earliest filed limited civil case, in order to determine whether the cases should be ordered related and reassigned. This procedure also applies to complex cases. The obligation set forth in this rule is excused if there is a pending motion to consolidate the cases. If a notice of related case lists probate and/or family law cases in addition to civil cases, the party filing the notice of related case must, within 15 days of the filing of the notice of related case,

schedule an ex parte hearing in supervising civil department. Failure to file a notice of related case and/or

schedule an ex parte hearing within 15 days of the filing of the notice of related case shall be deemed a violation of the local rules and may give rise to an OSC re Sanctions under Code of Civil Procedure

section 177.5 and/or Code of Civil Procedure

section 575.2. (Adopted 1/1/2020; Rev. 1/1/2022; Rev. 1/1/2023; Rev. 1/1/2024; Rev. 1/1/2025; Rev. 1/1/2026; Rev. 1/1/2027) Rule 2.1.4 Electronic Filing Program: Mandatory Electronic Filing and Service Pursuant to Code of Civil Procedure

section 1010.6 and California Rules of Court, rule 2.250 et seq., documents filed in all limited, unlimited, and complex civil actions on or after April 15, 2021, must be filed electronically by attorneys representing a party or other person, unless an ex parte application is filed to be excused from the electronic filing program. E-filing is encouraged, but not mandated, for a self-represented party or other self- represented person.

All e- filers are required to comply with the e -filing requirements set forth in Electronic Filing Requirements (Civil) (SDSC Form #CIV-409) and California Rules of Court, rules 2.250-2.261.

A party or other person that is required to file documents electronically in an action must also serve documents and accept service of documents electronically, except when personal service is otherwise required by statute or rule, the court orders otherwise, or the action includes a party or person that is not subject to mandatory e - filing in which case that party or person must be served by non- electronic methods unless they affirmatively consent to electronic service. (Code Civ. Proc., § 1010.6, Cal.

Rules of Court, rule 2.251.) An original of all documents filed electronically, including original signatures pursuant to California Rules of Court, rule 2.257, must be maintained by the filing party. Courtesy copies of all e -filed ex parte applications and all documents in support thereof must be delivered to the assigned department no later than noon the court day prior to the ex parte appearance. Refer to the Electronic Filing Requirements (Civil) (SDSC Form #CIV-409) for additional information. Court staff review fee-bearing documents to ensure all parties appearing have paid first paper fees.

Examples of fee-bearing documents include but are not limited to Answers, Motions, Ex -PartesEx Partes, and Stipulations. If a filing is submitted via e -filing, and the document is jointly filed amongst several parties, first paper fees will be assessed by any party who has not paid fees previously; regardless of the party submitting, the fee(

s) will be collected from the party submitting the transaction. If the submitting party files a transaction via e-file, and the appropriate fees are assessed, it is up to the submitting party to obtain reimbursement of fees from opposing counsel or party(ies). (Adopted 1/1/2012; Rev. 1/1/2014; Rev. 1/1/2015; Rev. 1/1/2018; Rev. 1/1/2022; Rev. 1/1/2023; Rev. 1/1/2024) Rule 2.1.4.1 Electronic Filing (E-Filing) Requirements The following requirements apply to electronically filed documents in civil cases: A.

Plaintiff/cross-complainant/petitioner must serve copies of the current versions of the San Diego Superior Court General Order: In Re Procedures Regarding Electronically Imaged Court Records, Electronic Filing and Access to Electronic Court Records in Civil and Probate Cases, and the Electronic Filing Requirements (Civil) (SDSC Form #CIV-409), with the complaint, cross-complaint, petition, or other case-initiating document.

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 13 B. E- filed documents must be filed through one of the court’s approved electronic filing service providers (EFSP). The list of EFSPs may be found on the court’s website at https://www.sdcourt.ca.gov under “E- Filing” for the case type to be filed. C. E- filed documents that contain exhibits must include electronic bookmarks with links to the first page of each exhibit and titles that identify the exhibit number or letter and briefly describe the exhibit. D.

E- filed documents must be submitted in a PDF format using Adobe Acrobat or any other PDF software compatible with the selected EFSP and must be in a text searchable format, i.e., Optical Character Recognition (OCR). E. Notices of Lodgment must be e -filed without attached exhibits. The submitting party must lodge the exhibits with the court by providing the assigned department with the exhibits in paper form with a copy of the notice of lodgment that includes the e-filing Transaction ID number noted in the upper right-hand corner. All exhibits lodged must comply with San Diego Superior Court Local Rule 2.5.6. F.

Except for motions, e-filed documents must be uploaded as individual documents within the same transaction. For motions, all supporting documents may be scanned and uploaded as one document under a filing that most closely captures the type of motion. Failure to comply with the above requirements may result in the documents being rejected or not considered by the court.

Refer to the Electronic Filing Requirements (Civil) (SDSC Form #CIV-409) for additional information. (Adopted 1/1/2024; Rev. 1/1/2025) Rule 2.1.5 Service of Complaint Except for Collection Cases filed under California Rules of Court, rule 3.740 and Unlawful Detainer actions, within 60 days of the filing of the complaint, all defendants must be served and proofs of service filed showing service on the defendants pursuant to California Rules of Court, rule 3.110. Any relief from the 60-day requirement must be by written application as set forth in rule 3.110(e).

Compliance with this rule will be reviewed at the initial Case Management Conference and plaintiff may be sanctioned at that time for any failure to timely serve all defendants unless good cause is shown. To qualify for other than personal service of a complaint and summons under Code of Civil Procedure

section 415.20 et seq., reasonable diligence aimed at providing the defendant with actual notice must be established (e.g., personal service must be attempted on at least three different days at three different times of day). All attempts cannot be in the a.m. or all in the p.m. At least one of the three attempts must be before 8 a.m. or after 5:30 p.m., and at least one of the three attempts must be between the hours of 8 a.m. and 5:30 p.m. or on Saturday or Sunday at any time. If service is attempted at a business address, all t hree attempts may be made during the normal business hours of that business.

An application for service by electronic mail or electronic technology under Code of Civil Procedure

section 413.30 may be made by filing a completed Application for Order for Electronic Service of Summons/Citation (SDSC Form #ADM-450) or similar pleading. The application must be supported by evidence that the email address(es) and/or social media account(s)/username(

s) is the most likely to give actual notice. This must include evidence of the following: 1. The email address or social media account of the party to be served is active; 2. The email address or social media account is actually owned and/or controlled by the party to be served; 3. The email address or social media account is regularly and recently used by the party to be served; 4. The party to be served could reasonably be expected to receive the notice if electronic communication is sent to the email address or social media account.

Refer to the Criteria for Obtaining an Order for Electronic Service of Summons/Citation (SDSC Form #ADM -449), available on the Forms area of the court’s website, www.sdcourt.ca.gov, for filing requirements and accepted forms of supporting documentation. If service by publication or some other method of service requiring leave of court cannot be completed within 60 days of the filing of the complaint, the last paragraph of the proposed order permitting such service must contain a blank space for the court to specify the date by which a proof of service must be filed.

The following must be served with the complaint: A. The Notice of Case Assignment and Case Management Conference;

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 14 B. A notice of the amount of special and general damages if the complaint seeks to recover damages for personal injury or wrongful death; C. A notice of the amount of punitive damages sought, if applicable; and D.

ADR information materials (not applicable to collection cases). (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2003; Renum. 1/1/2006; Rev. 1/1/2010; Rev. 1/1/2014; Rev. 1/1/2015; Rev. 1/1/2018; Rev. 1/1/2022; Rev. 1/1/2027) Rule 2.1.6 Defendant’s Appearance Unless a special appearance is made, each defendant served must generally appear (as defined in Code Civ.

Proc., § 1014) within the time required by the Code of Civil Procedure, or within 15 days thereafter if the parties have stipulated to extend that time. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 7/1/2003; Rev 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2013) Rule 2.1.7 Request for Entry of Default If a defendant does not make a general appearance within the time provided by statute, or makes an unsuccessful motion to quash, stay, or dismiss the action on the grounds of inconvenient forum or improper court, and thereafter fails to plead within the time provided by statute or in these rules, the plaintiff must request entry of default forthwith.

The original request and one copy for conforming must be submitted. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2010) Rule 2.1.8 Default Judgment Applications for default judgment should be submitted on declarations pursuant to Code of Civil Procedure

section 585, subdivision (

d) and include Judgment Checklist forms SDSC #CIV-198 or #CIV-199. See the Civil Forms area of the court's website at https://www.sdcourt.ca.gov for the most recent version.

The court will notify the parties if an oral prove-up hearing or additional documentary evidence is required. (See rule 2.5.10, Default Attorney Fee Schedule.) (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2003; Renum. 1/1/2006; Rev. 1/1/2009; Rev. 1/1/2010; Rev. 1/1/2016) Rule 2.1.9 Case Management Conference The court expects the complaint and any cross-complaints will be served and all answers filed or defaults entered by the time of the initial Case Management Conference. A. Scheduling and Notice.

At the time a civil complaint (excluding unlawful detainers) is filed, the Clerk of the Court will provide plaintiff with a form “Notice of Case Assignment and Case Management Conference” that will specify the date, time, and place of the initial Case Mana gement Conference, which will be approximately 150 days after the complaint is filed.

At the time of service of the summons on any party, plaintiff must also serve a complete copy of said Notice of Case Assignment and Case Management Conference upon that party; and plaintiff must also serve a copy of the Notice on plaintiffs in intervention or plaintiffs in interpleader, within 10 days of being served with a complaint in intervention or interpleader. All cross -complainants must serve a copy of the Notice of Case Assignment and Case Management Conference upon each cross -defendant at the time the cross -complaint is served.

A Case Management Conference may also be set by the court in cases transferred from another court, reclassified pursuant to the Code of Civil Procedure, stayed as provided in rule 2.1.13, and in unlawful detainer actions in which the defendant has filed an answer and the court has been notified that possession is no longer in issue.

Upon receipt of these cases, a notice of the change in status of the case, and/or in all cases of a continuance of the Case Management Conference, the Clerk of the Court will, unless otherwise ordered, send plaintiff a form Notice of Case Assignment and Case Management Conferen ce and within 10 days of being served with the Notice plaintiff must serve all parties in the case with a copy of said Noti ce. Plaintiff must be able to demonstrate compliance with this rule at the Case Management Conference. It is the policy of the court to hold the Case Management Conference on the date originally set.

Continuances may be requested ex parte with a declaration showing good cause why the conference should be continued. However,

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 15 if a disposition as to all parties has been filed with the court at least five court days prior to the hearing date, the case will be taken off calendar and no appearances will be required. This rule remains in effect after July 1, 2002, notwithstanding California Rules of Court, rule 3.20, by the authority granted in California Rules of Court, rule 3.722, to the effect that “[t]he court may provide by local rule for the time and manner of giving notice of the parties. B. Preparation for Conference.

The primary focus of the initial Case Management Conference will be to determine the status of the case to ensure compliance with the policy as stated in Local Rule 2.1.1 and to determine if alternative dispute resolution would be appropriate. A Case Management Statement must be completed by each party and filed with the court 15 calendar days before the initial Case Management Conference. Parties will not be required to complete a Case Management Statement for subsequent conferences unless ordered to do so by the court.

Parties completely familiar with the case and possessing authority to enter into stipulations must appear at the Case Management Conference and must be fully prepared to discuss any issues addressed by a Case Management Statement and all other matters specified in the notice of hearing provided by the court. Any attorney making a special appearance for counsel of record must have actual knowledge of the facts and procedural history of the case. If a party is not fully prepared, the court may continue the hearing and impose sanctions against the offending party.

If the hearing proceeds as scheduled, the orders made will not be subject to reconsideration due to a party's unfamiliarity with the case at the time of the hearing. (Adopted 1/1/1998; Rev. 1/1/2001; Renum. 7/1/2001; Rev. 7/1/2002; Rev. 1/1/2003; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2008; Rev. 1/1/2009; Rev. 1/1/2013; Rev. 1/1/2016; Rev. 1/1/2018; Rev. 1/1/2019; Rev. 1/1/2022; Rev. 1/1/2023) Rule 2.1.10 Discovery Status Conferences A courtesy copy of any declaration filed in response to an informal discovery status conference shall be delivered directly to the assigned independent calendar (I/C) department.

If the I/C department has referred discovery matters in a particular case to another department, all requests for hearings on the discovery (including informal discovery conferences) and all courtesy copies should be addressed to the discovery department to which the discovery matters have been referred, not the I/C department. (Adopted 1/1/2019; Rev. 1/1/2024) Rule 2.1.11 Expert Witnesses The court will propose deadlines for the exchange of information concerning expert witnesses and their discoverable reports and writings in accordance with Code of Civil Procedure sections 2034.260 and 2034.270 at the Case Management Conference.

Although the demand requirement of that

section may be dispensed with at this hearing, all other provisions of Code of Civil Procedure

section 2034.210 et seq. will be strictly enforced by the court. Excessive expert fees are limiting access to the court and undermining the quality of justice. It is the policy of the court that, in addition to the criteria required to be considered in deciding motions brought pursuant to Code of Civil Procedure

section 2034.470, the court will consider the ordinary and customary fees charged by similar experts for similar services within the relevant community. Parties will be permitted to designate only those experts they in fact intend to call at trial. It is the policy of the court that parties are limited to one expert per field of expertise per side, pursuant to Evidence Code

section 723, absent a court order to the contrary. The court will determine which parties constitute “a side” at trial, if necessary. Expert testimony must not be used simply to advocate a particular position, and must be limited in scope in accordance with Evidence Code

section 801, subdivision (

a) to opinions on subjects which are sufficiently beyond common experience that an expert's opinion will assist the trier of fact. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001, Renum. 1/1/2006; Rev. 1/1/2008; Rev. 1/1/2010) Rule 2.1.12 Official Court Reporters and Reporters Pro Tempore The court official policy of availability of official court reporters in civil proceedings is set forth in the Court’s Policy Regarding Normal Availability and Unavailability of Official Court Reporters ( SDSC Form #ADM -317), which is available on the Court’s website, www.sdcourt.ca.gov, and Division I, Local Rule 1.2.3. (Adopted 1/1/2020)

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 16 Rule 2.1.13 Stays of Actions If a party files a notice of stay in accordance with the California Rules of Court, the court may either stay the action or set the matter for hearing. At the time of that hearing, the court may propose dismissing the action without prejudice, and reserving jurisdiction to reinstate the case nunc pro tunc when the stay is no longer in effect.

Alternatively, parties may stipulate to the dismissal of such cases without prejudice, expressly requesting the court reserve jurisdiction to set aside the dismissal and reinstate the case nunc pro tunc when the stay is no longer in effect. If the court stays the action without setting the matter for hearing, any party who claims to be exempt from the stay and who seeks to prosecute the action further must object by noticed motion in the stayed action.

Upon the expiration of the stay period, the court may extend the stay for good cause shown. (Adopted 1/1/1998; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2008; Rev. 1/1/2011; Rev. 1/1/2024) Rule 2.1.14 Settlements, Taking Matters Off Calendar If the parties have entered into a settlement agreement that resolves the case, the parties must notify the court as soon as possible. A. Pending matters may be removed from the court calendar, in the discretion of the court, if plaintiff’s counsel contacts the court by telephone and requests to go on a dismissal calendar or if counsel represents: 1.

There is a signed settlement agreement; 2. There are no unrepresented litigants; and 3. All un-served parties or parties not participating in the settlement will be dismissed. B. Parties who enter into a conditional settlement agreement that provides for payment or performance more than 45 days after the agreement is signed must comply with the provisions of California Rules of Court , rule 3.1385(c). C.

Any party who files a notice requesting additional time to complete a settlement under California Rules of Court, rule 3.1385(e), must also telephone the assigned department and advise the clerk that such a notice has been filed. Failure to contact the assigned department may result in a dismissal of the case. (Adopted 1/1/1998; Renum. 7/1/2001; Rev. 1/1/2003; Rev. & Renum. 1/1/2006; Rev. 1/1/2007; Rev. 1/1/2012; Rev. 1/1/2016; Rev. 1/1/2019; Rev. 1/1/2022; Rev. 1/1/2024) Rule 2.1.15 Trial Readiness Conference A trial readiness conference generally will be scheduled three weeks before the trial date.

The parties must meet and confer prior to the scheduled hearing and attempt to resolve the case, or, if resolution is not possible, limit issues for trial. If the case is not settled in its entirety, all parties must prepare and sign a joint trial readiness conference report in the format set forth in the joint trial readiness conference report available on the Civil Forms area of the court’s website at http://www.sdcourt.ca.gov. Separate reports will not be accepted.

Failure to disclose and identify all trial exhibits and witnesses intended to be called at trial and all other items required by the report may, in the court's discretion, result in exclusion or restriction of use at trial. The completed report must be submitted to the judge five court days before the scheduled conference.

If a joint trial readiness conference report is not timely filed and the matter has not resolved in full, personal appearances by trial counsel are required at the trial readiness conference; remote appearances will not be permitted unless otherwise authorized by the judge to whom the matter is assigned. No part of the joint trial readiness conference report is to be received into evidence against any party in later proceedings. Parties completely familiar with the case and possessing authority to enter into stipulations must be present at the scheduled hearing.

Orders made will be binding on the parties and will not be subject to reconsideration due to an attorney's unfamiliarity with the case at the time of the hearing. The parties must be prepared to discuss any unusual evidentiary or legal issues anticipated during the trial and all remaining matters believed by any party to be appropriate for stipulation.

During the trial readiness conference, the court will review with counsel and sign or issue the advance trial review order setting forth specific trial preparation requirements of the trial department. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006; Rev. 1/1/2009; Rev. 1/1/2016; Rev. 1/1/2022; Rev. 1/1/2023; Rev. 1/1/2024; Rev 1/1/2025) Rule 2.1.16

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 17 Jury Instructions On the scheduled trial date, the parties must submit to the court the full text of proposed jury instructions, double spaced on plain paper. They may include instruction numbers but the mere submission of a list of instruction numbers is not acceptable. Special jury instructions must be gender neutral and in plain English. A special jury instruction should not be proposed if the matter is addressed by a Judicial Council CACI instruction(s).

Authority may be included on copies of special instructions submitted to the court, but should not appear on the originals. (Adopted 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2024) Rule 2.1.17 Juror Questionnaire If counsel proposes juror questionnaires, the questionnaires must be accompanied by a Juror Questionnaire Cover Sheet and must be provided to the court 5 court days prior to trial call.

If a proposed juror questionnaire is not timely submitted to the court, the request is deemed waived. (Adopted 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2021; Rev. 1/1/2023) Rule 2.1.18 Motions in Limine Motions in limine must be limited in scope in accordance with Clemens v. American Warranty Corp. (1978) 193 Cal.App.3d 444, 451, Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 670- 671, and Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582, 1593-1595.

Unless otherwise directed by the court, counsel must file and serve motions in limine and opposition thereto five court days and two court days respectively prior to trial call. No written motion should be submitted on the following issues but an oral motion may be considered: A. To exclude experts not designated pursuant to Code of Civil Procedure

section 2034.300; and B. ToexcludeTo exclude offers to settle and/or settlement discussions. C. To exclude nonparty witnesses from the courtroom before testifying; and D. To prohibit “Golden Rule” arguments. (Adopted 1/1/2000; Renum. 7/1/2001, Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2010; Rev. 1/1/2012; Rev. 1/1/2026) Rule 2.1.19 Law and Motion Procedures A.

Calendaring Hearing Any party, or attorney for a party, who desires to have any demurrer, motion, ex parte application, or order to show cause set for hearing must reserve a hearing date either through the online reservation system Motion Appearance Reservation System (MARS) at http://www.sdcourt.ca.gov or by contacting the calendar clerk for the judge assigned to the case; if the case was initially assigned to an independent calendar judge for all purposes but then reassigned to another judge for trial, post judgment motions other than enforcement issues (e.g., motions for new trial seeking to vacate the judgment, attorneys fees, and/or costs) should be set in the department that tried the case and not the independent calendar department.

No demurrer, motion, ex parte application, or order to show cause may be noticed or filed without first reserving a hearing date. Failure to reserve a date for hearing will result in the demurrer, motion, ex parte application, or order to show cause hearing not being heard. TheUnless otherwise ordered by the court, all moving papers for any demurrer, motion, ex parte application, or order to show cause should be ready to be filed when the reservation is obtained. must be filed within three (3) court days of reserving a hearing date.

If the moving papers are not filed within this time, the hearing reservation will be vacated. Motions that require statutory notice before filing or involve expedited hearings are exe mpt from these requirements. These include, but are not limited to, motions pursuant to Code of Civil Procedure sections 128.5 and 128.7, motions in

summary proceedings under Code of Civil Procedure sections 1159, et seq., motions for

summary judgment and/or

summary adjudication, Anti -SLAPP motions, motions to certify or decertify a class, and motions for new trial. Filing a Notice of Motion or Motion without a memorandum in support, except when a memorandum is not required by statute or California Rules of Court, rule 3.1114, will also result in the hearing reservation being vacated. Ex parte applications and all documents in support thereof must be filed with the court and, if electronically filed, a courtesy copy sent to the department, no later than noon the court day prior to the ex parte appearance. The

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 18 court may refuse to consider any late-filed papers. Failure to file a Motion for

Summary Judgment and/or

Summary Adjudication after reserving a date with the calendar clerk, or failing to call the independent calendar clerk to take the hearing off calendar no later than two days after the last date to serve moving papers pursuant to Code of Civil Procedure,

section 437c, is deemed to be a waste of judicial resources and a violation of local rules. The court may set an OSC re Imposition of Monetary Sanctions under Code of Civil Procedure

section 177.5 and/or Code of Civil Procedure

section 575.2. B. Failure to File Opposition The court may deem a lack of opposition to be a concession that a motion is meritorious. C. Tentative Ruling Policy Prior to the hearing, any civil department may issue a tentative ruling in a law and motion matter, in the sole discretion of the assigned judge. The tentative ruling will be issued in conformance with the tentative ruling procedures set forth in California Rules of Court, rule 3.1308(a)(2). No notice of intent to appear is required to appear for oral argument regardless of when the tentative ruling is issued.

The tentative ruling may be obtained through the court’s website at http://www.sdcourt.ca.gov and clicking on the tentative ruling link listed under the civil tab, or by telephoning the independent calendar clerk for the assigned department. This rule does not preclude posting a tentative ruling the day of the hearing pursuant to California Rules of Court, rule 3.1308(b), nor does it mandate a tentative ruling be issued on all law and motion matters.

If no one appears for a hearing for which a tentative ruling has issued and the court has not been notified that all parties submit on the tentative ruling, the court may take the matter off calendar or order the tentative ruling to become the final ruling. The court may also make a different order at the hearing. D. Proposed Orders If the Court directs that the minute order is the order of the court, no order after hearing should be submitted.

Any request to seal (including using redactions or pseudonyms) must be accompanied by a proposed order that satisfies California Rules of Court, rule 2.550(d). (Adopted 7/1/2004; Renum . 1/1/2006; Rev. 1/1/2008; Rev. 1/1/2009; Rev. 1/1/2011; Rev. 1/1/2012; Rev. 1/1/2014; Rev. 1/1/2015; Rev. 1/1/2016; Rev. 1/1/2022; Rev. 1/1/2023; Rev. 1/1/2024; Rev. 1/1/2025; Rev. 1/1/2027) Rule 2.1.20 Taking Motions Off Calendar The moving party must promptly call the independent calendar clerk to take the motion off calendar; filing a notice requesting the clerk remove the matter from the court's calendar or a “notice of withdrawal of motion” is insufficient.

If an amended pleading is filed in accordance with the Code of Civil Procedure

section 472 or pursuant to leave of court prior to the hearing date, the party who filed a demurrer, motion to strike and/or motion for judgment on the pleadings must call the independent calendar clerk and request the hearing be vacated as moot. Failure to call the court to vacate a hearing date in the above circumstances shall be deemed a violation of the local rules and may give rise to an OSC re Sanctions under Code of Civil Procedure

section 177.5 and/or Code of Civil Procedure

section 575.2. (Adopted 1/1/2015; Rev. 1/1/2016; Rev. 1/1/2023; Rev. 1/1/2024; Rev. 1/1/2025; Rev. 1/1/2026) Rule 2.1.21 Discovery Dispute Outline In Lieu of Separate Statement In lieu of submitting a separate statement with a motion to compel further responses to discovery, Code of Civil Procedure sections 2030.300, 2031.310, and 2033.290 allow a court to authorize a moving party to submit a concise outline of the discovery request and each response in dispute.

Before filing a motion compelling further responses to discovery, the moving party should consult with the applicable department’s Policies and Procedures, published on the court’s website, to determine if the department allows parties to utilize such an outline absent express court order. If not set forth in the department’s courtroom rules, ex parte leave must be obtained prior to filing a motion to compel further responses to discovery using an outline instead of a separate statement. (Adopted 1/1/2021)

CHAPTER 2 [Moved to

Chapter 3] Reserved for Future Use. (Renum. 1/1/2019)

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 19

CHAPTER 3 ALTERNATIVE DISPUTE RESOLUTION (ADR) ADR Policy Statement. The San Diego Superior Court discourages any unnecessary delay in civil actions; therefore, continuances are discouraged and timely resolution of all actions, including matters submitted to any form of Alternative Dispute Resolution (“ADR”), are encouraged . The court strongly supports and promotes the use of ADR. The court has long recognized the value of early case management intervention and the use of ADR options for amenable and eligible cases. The use of ADR will be discussed at all Case Management Conferences.

It is the court’s expectation that litigants will utilize some form of ADR – i.e., the court’s mediation, voluntary settlement, and arbitration programs or other available private ADR options as a mechanism for case settlement before trial. (Rev. 1/1/2021) Rule 2.3.1 Voluntary Settlement Conferences Parties may request a voluntary settlement conference if the parties represent that: A. Settlement negotiations between the parties have been pursued, demands and offers have been exchanged, and resolution has failed; B.

A judicially supervised settlement conference presents a substantial opportunity for settlement; and C. The case has developed to a point where all parties are legally and factually prepared to present the issues for settlement consideration and further discovery for settlement purposes is not required. A request for a voluntary settlement conference should be made by contacting the clerk in the department of the proposed Civil Settlement Conference judicial officer. If the judicial officer schedules the Settlement Conference, parties may not also sched ule in another department.

Parties are not entitled to more than one voluntary settlement conference. If a request for a voluntary settlement conference has been accepted by the court and a settlement conference has been scheduled, all parties must comply with the provisions of rules 2.3.1.1, 2.3.1.2, and 2.3.1.3 unless otherwise ordered. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006; Rev. 1/1/2012; Rev. 1/1/2013; Renum. 1/1/2019; Rev. 1/1/2020; Rev. 1/1/2023; Rev. 1/1/2024; Rev. 1/1/2025) Rule 2.3.1.1 Mandatory Appearance A.

The provisions of rules 2.3.1.1, 2.3.1.2, and 2.3.1.3 apply to both voluntary and mandatory settlement conferences unless otherwise ordered. B. All parties, attorneys of record, and others whose authority is required to fully settle the case (including but not limited to insurance adjusters and right -of-way agents) must attend the settlement conference in person unless excused or permitted to attend by telephone as provided in

section D below. If a party is not a natural person, a representative of that party with authority to resolve the dispute or, in the case of a governmental entity that requires an agreement to be approved by an elected official or a legislative body, a representative with authority to recommend such agreement, must attend the settlement conference in person, unless excused or permitted to attend by telephone as provided below. C.

If any party is insured under a policy of insurance that provides or may provide coverage for a claim that is a subject of this action, a representative of the insurer with authority to settle or recommend settlement of the claim must attend the settlement conference in person, unless excused or permitted to attend by telephone as provided in

section D below. The party must notify each insurance carrier of the date, time and place of the settlement conference and of the carrier's duty to attend with full settlement authority. D. A party or participant may submit to the court a written request to be excused from personal attendance at a settlement conference provided that the party or participant will be available by telephone for the duration of the settlement conference. Such requests must be served on all parties at least five court days prior to the settlement conference.

If the settlement conference is to be heard by a temporary judge, such requests must be submitted to the independent calendar department to which the case is assigned. E. If a party is excused from personal attendance at the settlement conference, counsel appearing on behalf of the party must be completely familiar with the case and must have authority to make an initial demand or counteroffer in a specific amount.

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 20 F. If a party or participant fails to appear, is not fully prepared, or fails to participate in good faith, the court may continue the hearing and/or impose sanctions against the offending party or counsel.

If the settlement conference proceeds as scheduled, the orders made will not be subject to reconsideration due to counsel's unfamiliarity with the case at the time of the hearing. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2013; Renum. 1/1/2019) Rule 2.3.1.2 Settlement Statements/Briefs In all cases except unlawful detainer proceedings in which a party is represented by counsel under the Sargent Shriver Civil Counsel Act, written statements of the position of each party must be lodged with the settlement conference judge and served on other parties five court days prior to the settlement conference, unless otherwise ordered.

If service is by mail, all papers must be mailed not less than 10 days before the court date. Settlement conference statements do not become a part of the file and will be discarded. If the settlement conference is to be heard by a temporary judge, settlement conference statements must be submitted to the independent calendar department to which the case is assigned. In cases in which a party is represented by counsel under the Sargent Shriver Civil Counsel Act, the parties may provide their positions orally on the date of the settlement conference.

Unless otherwise instructed by the court, settlement conference statements must not exceed five pages and must include the necessary information to concisely support issues of liability and damages, including a settlement demand and offer, as well as an itemization of special and general damages, and the last offer. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2012; Rev. 1/1/2013; Rev. 1/1/2016; Renum. 1/1/2019) Rule 2.3.1.3 Notifications of Settlement or Continuances A. Settlement.

In accordance with the California Rules of Court, if a case is settled, the plaintiff must immediately give the court written notice. The plaintiff must also immediately notify the court by phone or in person if a hearing, conference, or trial date is imminent. The only time a hearing set by the court may be taken off calendar is when the plaintiff advises the court that the case has been settled. The court may set a hearing to show cause why the case should not be dismissed or may put the case on a dismissal calendar.

The show cause hearing will be taken off calendar if a dismissal of all complaints and cross -complaints, or a judgment as to all complaints and cross - complaints, is filed with the court no later than five court days prior to the hearing. If such documentation has not been received by the date set for the show cause hearing, the court will immediately order appropriate sanctions and/or dismiss the entire action.

Failure to advise the court at least five court days before the settlement conference that it will not proceed as scheduled, for any reason other than the settlement of the case in its entirety within the five court day period, may be deemed by the court to be a violation of an order of the court, punishable by monetary sanctions payable to the court under Code of Civil Procedure

section 177.5 and/or Code of Civil Procedure

section 575.2, as well as any other sanction provided by law. B. Continuances. Any party requesting a continuance must appear ex parte and show good cause why the settlement conference should be continued.

At the ex parte hearing, a stipulation may be presented to the court, signed by all parties, accompanied by a declaration showing good cause. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2003; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2010; Rev. 1/1/2012; Renum. 1/1/2019; Rev. 1/1/2023; Rev. 1/1/2024) Rule 2.3.2 Civil Mediation Program All general civil independent calendar cases, including construction defect, complex and eminent domain cases are eligible to participate in the Civil Mediation Program. A. Stipulation to Mediation.

At any time prior to the Case Management Conference, parties may stipulate to mediation. The stipulation must include the name, address and phone number of the mediator and one alternate mediator, or parties may utilize the Stipulation to Use ADR ( SDSC Form #CIV -359). If the stipulation is granted, Assignment of Mediator notices will be issued. B. Case Management Conference. If parties do not stipulate to mediation prior to the Case Management Conference, the judge will encourage all parties to consider mediation or other ADR options. If the court

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 21 determines a mediator would assist in the resolution of a case, parties will be asked to stipulate to mediation which will be reflected on the Case Management Conference’s Minute Order. C. Panel of Mediators. Parties may select any mediator to mediate their matter.

The court maintains a panel of court-approved mediators who have satisfied training and experience requirements established by the court and who must adhere to minimum standards of practice pursuant to California Rules of Court, rule 3.850 et seq., and other program policies and procedures. D. Payment of Mediators. Mediators must be compensated directly by the parties. The fees and expenses of mediators must be shared equally between the parties, unless otherwise agreed.

Mediators on the court’s approved panel have agreed to charge $150 per hour for each of the first two hours in a limited civil action, or $250 per hour for each of the first two hours in an unlimited civil action, and their regular hourly rate thereafter f or court-referred mediation. Mediators on the court’s approved panel may not charge parties for preparation or administrative time, but may require that fees be deposited in advance of the mediation session and may have cancellation fees and policies. Parties may also utilize the services of mediators who are not on the court’s approved panel.

They will be charged the mediator’s regular hourly rate and any other fees in accordance with the mediator’s policies. E. Selection of Mediators. Parties are encouraged to make their selection at or before the time of the Case Management Conference. Parties may utilize the on -line mediator search and submit their Mediator Selection Form (SDSC Form #CIV-005) via e-mail within five court days of the Case Management Conference. If they are unable to make a selection, the case may be referred back to the court for the setting of a future hearing.

If parties agree on a mediator and alternate and notify the court before the hearing, the hearing will be vacated. F. Timing of Mediation and Trial Dates. Cases may be referred to mediation for up to 180 days. If parties request an extension of time for mediation, they must file a stipulation indicating the date of the future mediation session. Alternatively, they may contact the mediator to request an extension in 30- day increments which will be subject to approval by the court. In all cases, the court will generate a Reappointment of Mediator notice if the extension is approved. G. Attendance at Mediation.

All parties, their counsel and persons with full authority to settle the case must personally attend the mediation, unless excused by the court or the mediator for good cause. If any consent to settle is required for any reason, the party with the consent authority must be personally present at the mediation. H. Filing of Completed ADR-100. The mediator shall complete, serve, and file JC Form #ADR-100 with the court within 10 days after the mediation session is concluded. (Code Civ.

Proc. § 1775 et seq.) If the mediator fails to do so, plaintiff shall, within 15 days after the mediation is concluded, file a completed JC Form #ADR-100 with the court and serve a copy thereof on all parties. (Adopted 2/28/2000; Rev. 1/1/2001; Renum. 7/1/2001; Rev. 1/1/2003; Rev. 7/1/2003; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2008; Rev. 1/1/2009; Rev. 1/1/2013; Rev. 1/1/2014; Rev. and Renum. 1/1/2019; Rev. 1/1/2024) Rule 2.3.2.1 Mediator Complaint Procedure Pursuant to California Rules of Court, rule 3.865 et seq., the San Diego Superior Court maintains the following Mediator Complaint Procedure: A.

All grievances, complaints or issues concerning the conduct of a mediator on the San Diego Superior Court’s Civil Mediation Panel must be referred initially to the ADR Administrator, who has been designated as the Complaint Coordinator. Contact information for the ADR Administrator can be obtained by calling the court’s Mediation Program Office at (619) 450- 7478 and/or by accessing the court’s ADR webpage at the following link: https://www.sdcourt.ca.gov/sdcourt/civil2/adr2. B.

After sending the complainant a written acknowledgment that the court has received the complaint, the ADR Administrator will conduct a preliminary review of the complaint to determine whether or not the complaint can be resolved informally and closed. If the complaint is resolved informally or closed after preliminary review, the ADR Administrator will send the complainant written notification that the complaint has been informally resolved and/or closed. C. If the ADR Administrator initiates a complaint against a mediator on the Court’s Panel, the complaint will be referred to the Chair(

s) of the Bench ADR Committee, who will determine if the complaint can be summarily resolved and closed or if the complaint must be further investigated. D. If it is determined that further investigation is warranted, the ADR Administrator will send the mediator written notice of the complaint, and the mediator will have 20 days from the mailing of said notice to provide

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 22 the court with a written response. The Chair(

s) of the ADR Committee will designate an individual who has experience as a mediator and who is familiar with the rules of conduct for mediators set forth in California Rules of Court, rule 3.850 et seq., or will establish a complaint committee that has at least one such individual as a member, to conduct the investigation and prepare a written recommendation concerning court action on the complaint. The Chair(

s) of the ADR Committee and/or their designee may determine that the mediator will be removed from the active/eligible list pending the final decision on the complaint. E. The final decision on the complaint will be made by the Presiding Judge or their designee, who did not conduct the investigation, and the final decision will be communicated to both the complainant and the mediator in writing.

The final decision-maker may take one or more of the following action(s): direct that no action be taken on the complaint; counsel, admonish, or reprimand the mediator; impose additional training requirements as a condition of the mediator remaining on the court’s panel; temporarily suspend the mediator from the court’s panel or otherwise temporarily prohibit the mediator from receiving future mediation referrals from the court; and/or permanently remove the mediator from the court’s panel or otherwise permanently prohibit the mediator from receiving future mediation referrals from the court.

The final decision is in the sole discretion of the final decision-maker and is not subject to any subsequent review or appeal. Ultimately, mediators on the court’s Civil Mediation Panel may be temporarily or permanently removed from the panel at any time at the sole discretion of the court without cause. F.

All court communications and/or proceedings relative to complaints against mediators on the court's Civil Mediation Panel will occur in private and be kept confidential except as required by law and except for authorized disclosures as follows: after the decision on a complaint against a mediator has been made, the Presiding Judge or their designee may authorize the disclosure of information or records concerning the complaint proceeding that do not reveal any mediation communications.

The disclosures that may be authorized include the name of the mediator against whom action is being taken, the action taken and the general basis on which the action was taken. G.

A person who has participated in a complaint proceeding or otherwise received information that is publicly disclosed will not subsequently hear or determine any contested issue of law, fact, or procedure concerning the dispute that was the subject of the underlying mediation or any other dispute that arises from the mediation as a judge, arbitrator, referee, or juror, or in any other adjudicative capacity, in any court action or proceeding. (Adopted 1/1/2010; Rev. 1/1/2012; Renum. 1/1/2019; Rev. 1/1/2025) Rule 2.3.3 Judicial Arbitration A. Submission to Arbitration.

The court elects to come within the provisions of Code of Civil Procedure

section 1141.11 et seq. regarding judicial arbitration of all civil actions which are not exempt. All actions submitted to arbitration pursuant to these sections will be subject to the provisions contained therein, as well as rules of procedure set forth in the California Rules of Court, rule 3.810 et seq., and in these rules. B. Order to Attend Arbitration. At the Case Management Conference, the court may order a case to judicial arbitration. Counsel must be prepared to discuss whether the arbitration will be binding or non - binding, and to select an arbitrator.

Dismissal of all unserved, non-appearing, and fictitiously named parties will also be addressed. The court will propose dates to exchange information concerning expert witnesses and their discoverable reports and writings in accordance with Local Rule 2.3.3.2. Although the demand requirement under Code of Civil Procedure

section 2034.210, et seq. may be dispensed with at this hearing, all other provisions of

section 2034.210 et seq. and Local Rule 2.3.3.2 will be strictly enforced. C. Exemption from Arbitration. Matters which are exempt from judicial arbitration are set forth in the California Rules of Court, rule 3.811, and Code of Civil Procedure

section 1141.11. Unless otherwise ordered by the court, the following categories of actions are also exempt from arbitration, as provided by the California Rules of Court, rule 3.811, and will be set directly for trial: 1. Civil actions in which no jury trial is demanded and the estimated time for trial is one day or less; 2. Civil actions in which any party is not represented by counsel; 3. Civil actions for which there will be an expedited jury trial; 4. Civil actions in which the parties stipulate to attend mediation; 5. Civil actions in which the parties stipulate to attend a settlement conference; and 6.

Collection Cases as defined by California Rules of Court, rule 3.740. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006; Rev. 1/1/2012; Rev. 1/1/2013; Renum. 1/1/2019; Rev. 1/1/2020; Rev. 1/1/2021)

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 23 Rule 2.3.3.1 Arbitration Procedures Arbitration rules of procedure are set forth in the California Rules of Court, rule 3.810 et seq., and in these rules. A. Appointment of Arbitrator. At the Case Management Conference, the parties must stipulate to the appointment of any arbitrator on the list of superior court arbitrators. If the parties do not stipulate, the judge who ordered the case to judicial arbitration will appoint the arbitrator. The appointment of an arbitrator will be effective immediately and will extend for 90 days.

Before any person may be appointed as an arbitrator, that person must provide a statement on a form provided by the court that they have read and will comply with the provisions of Local Rule 2.3.3.2, subdivision A. B. Continuances. The court discourages continuances. Rules regarding continuances of arbitration hearings are set forth in the California Rules of Court . Rules regarding the completion of cases within 90 days and the reappointment of an arbitrator for good cause are set forth in the California Rules of Court.

If a continuance is denied or 90 days have elapsed from the time of appointment, it is mandatory that all parties appear before the judge who ordered the case to judicial arbitration. If it appears to the court that a request for continuance is not made with good cause, the court may impose monetary sanctions upon the requesting party. C. Conduct of the Arbitration Hearing. The arbitration hearing must be conducted as follows: 1. The arbitrator must administer the oath; 2. Counsel and the arbitrator are to be formally addressed as Mr., Mrs., Miss, or Ms. during the hearing; 3.

At the time of the arbitration hearing, or at any other time designated by the arbitrator, each attorney must submit to the arbitrator (not the court) the following, unless excused from doing so by the arbitrator: a. Copies of any offered pleading, arranged chronologically and appropriately highlighted; b. Copies of any offered deposition transcript or record appropriately highlighted; c. An arbitration brief consisting of:

(1) A concise statement of facts;

(2) Legal and factual contentions of each party;

(3) A statement of damages sought to be awarded including the amount claimed, medical expenses, and property damage;

(4) Copies of medical reports and bills;

(5) Copies of appraisals/repair estimates; and

(6) Copies of repair bills. d. If the arbitration award is not filed within 10 days after the arbitration hearing, or an extension of 20 days is not granted pursuant to the California Rules of Court, rule 3.825(b), either party may notify the arbitration department. The arbitrator will then be requested to submit the award or appear before the judge who ordered the case to judicial arbitration to show cause why rule 3.825(

b) of the California Rules of Court was not satisfied. (Adopted 1/1/1998; Renum. 7/1/2001; Renum. 1/1/2006; Rev. 1/1/2008; Renum. 1/1/2019) Rule 2.3.3.2 Exchange of Experts After Arbitration Failure to comply with this rule may result in a party's inability to call one or more expert witnesses at trial, or subject the noncomplying party to monetary sanctions. Pursuant to the stipulation of the parties at the Case Management Conference, exchange of experts after arbitration must be made according to the following schedule: A. Initial Exchange.

Within 15 days of the date of any method of service of a trial de novo request, pursuant to Code of Civil Procedure sections 2034.260 and 2034.270 each party must personally serve on all other parties a designation of expert witnesses who will be relied upon at the trial de novo, along with all discoverable reports and writings, if any, of those experts. However, service by mail of the above designation is permitted if made within 10 days of service of the trial de novo request. Parties will be permitted to designate only those experts they in fact intend to call at trial.

It is the policy of the courts that parties are limited to one expert per side per field of expertise, pursuant to Evidence Code

section 723 and Local Rule 2.1.11, absent a court order to the contrary. B. Supplemental Exchange. Any supplemental designation of experts must be personally served within five days of any personal service of the opponent's initial list, or within 10 days of any mail service of the opponent's initial list.

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 24 (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2010; Renum. 1/1/2019) Rule 2.3.3.4 Request for Trial De Novo A request for trial de novo must be filed in the civil business office pursuant to Code of Civil Procedure

section 1141.20 and the case will be set for trial. Withdrawal of Trial de Novo Requests. If a party has requested trial de novo, the request may be withdrawn by a written stipulation, signed by counsel for all parties appearing in the case, that the award may be ordered as a judgment. (Adopted 1/1/1998; Rev. 1/1/2001; Renum. 7/1/2001; Rev. 1/1/2003; Renum. 1/1/2006; Rev. 1/1/2010; Renum. 1/1/2019) Rule 2.3.3.5 Prohibition Against Post Arbitration Discovery Stipulations for post arbitration discovery pursuant to Code of Civil Procedure

section 1141.24 will be recognized by the court, provided that no such stipulation modifies, extends, or avoids any procedure or deadline established by these rules or order of the court. Expert discovery is not within the prohibition of post arbitration discovery codified under Code of Civil Procedure

section 1141.24, but is subject to the applicable rules and orders of the court. (Adopted 1/1/1998; Renum. 7/1/2001; Renum. 1/1/2006; Rev. 1/1/2010; Renum. 1/1/2019) Rule 2.3.3.6 Monetary Sanctions In addition to the provisions of the California Rules of Court, rule 3.829, regarding notification of settlement, failure of the parties to notify the arbitrator and the court of a continuance or their inability to proceed at least two court days prior to the time set for the arbitration hearing may, upon written notice given by the court, result in an order to show cause why the parties should not pay $150 or other sanctions. (Adopted 1/1/1998; Renum. 7/1/2001; Renum. 1/1/2006; Rev. 1/1/2008; Renum. 1/1/2019)

CHAPTER 4 SPECIAL CASE CATEGORIES Rule 2.4.1 Judgment Debtor Examination Proceedings A. Setting Hearings. Judgment debtor examination dates are obtained by submitting the appropriate fees, an original and two copies of the order for appearance of judgment debtor, and a stamped, self-addressed envelope or messenger service return slip to the appropriate civil business office. Conformed copies with the appearance date, time, and place will be returned to the judgment creditor for service. B. Proof of Service. Proof of service must be filed no later than five court days before the date of the hearing.

Parties should be prepared to provide a courtesy copy of such proof of service at the hearing. If the person ordered to appear does appear and is ready to proceed, the examination may be conducted, whether or not there is a proof of service, at the discretion of the court. C. Appearance at Examination. If the parties appear, the examination will proceed, unless a continuance is ordered by the court.

If the person ordered to appear does appear and the moving party fails to appear, the proceedings may, at the discretion of the court, be continued to another day or be dismissed without cost and with such additional orders as are appropriate. Appropriate orders may include an order that no future order will issue as to the person who did not appear except upon a showing of new facts and a satisfactory explanation being made to the court for the moving party's failure to appear. If such future order is granted, it will be made on such terms and conditions as the court deems just and appropriate.

If the moving party does not appear and the court deems it appropriate to continue the examination to a future date, and on that day the moving party does not appear, the proceedings must be dismissed without costs being awarded to the party who secured the order. D. Nonappearance of Party to be Examined. If the party to be examined fails to appear at the time and place set for examination, a warrant of attachment may issue requiring attendance forthwith, pursuant to the contempt procedure set forth in Code of Civil Procedure

section 1209 et seq., or a warrant of arrest may issue requiring the

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 25 debtor’s attendance following the failure to appear notice procedure set forth in Code of Civil Procedure

section 1993 et seq. A warrant will not be issued for the attachment or arrest of a person who failed to appear in court as directed in such order if the order, with the return of service thereon, has not been filed with the clerk of the court within the time specified herein, unless so ordered. E. Continuances.

One or more continuances of a judgment debtor examination may be allowed upon stipulation of all parties, joined by the person or entity ordered to appear, and approved by the court. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2003; Renum. 1/1/2006; Rev. 1/1/2012; Rev. 1/1/2016; Rev. 1/1/2023; Rev. 1/1/2024) Rule 2.4.2 Unlawful Detainer, Forcible Entry, and Forcible Detainer Proceedings A. Venue. The East, North, and South County Divisions are included in the Central Division for purposes of all unlawful detainer, forcible entry, and forcible detainer cases. B. Service of Complaint.

The Summons and Complaint must be served and the Proof of Service of the Summons and Complaint must be filed within 60 days of the filing of the action. Failure to file the Proof Service or a responsive pleading being filed within 60 days of the filing of the complaint may result in the case being automatically dismissed without prejudice pursuant to Code of Civil Procedure

section 1167.1. C. Trial Setting. In unlimited unlawful detainer cases, it is the responsibility of the parties to notify the court that they are entitled to an expedited trial. In limited unlawful detainer cases, there is a mandatory Judicial Council form that must be filled out and submitted to request that the case be set for trial. In addition to filling out the front of the mandatory form, the proof of service on the reverse side of the form must be filled out and submitted after the opposing party has been served with the request or counter-request to set the case for trial.

A counter-request must be filed within five days of the filing of the trial request. The mandatory form to be used for a request or counter - request to set a case for trial is JC Form #UD-150, and may be obtained by going to the Judicial Council of California website at http://www.courts.ca.gov. Forcible entry and forcible detainer cases are set for trial pursuant to the time standards set forth in Code of Civil Procedure

section 1170.5. The date for trial will be set upon submission of a party request that the case be set for trial. If a timely demand for jury is filed, a Trial Readiness Conference will be set and the parties will be required to comply with Local Rule 2.1.15. The court may consider dates of unavailability; however, trials will be scheduled according to the court’s calendar and within the timeframes prescribed by statute. D. Judgment for Money Damages after Judgment for Possession of the Premises.

When the plaintiff obtains a default judgment for possession of the premises, the case may be calendared for further hearing. In the alternative, a plaintiff may file an application, default checklist SDSC Form #CIV -200 (see forms

section of http://www.sdcourt.ca.gov), along with the necessary declarations for a default money judgment including attorney fees and costs, or may file a dismissal without prejudice as to the money damages. After restitution of possession of the premises to plaintiff, plaintiff’s failure to seek a money judgment or to file a dismissal may result in the court calendaring a hearing for the plaintiff to show cause why the case should not be dismissed. E. Redesignation of Case when Possession is No Longer in Issue (Civ. Code, § 1952.3).

The plaintiff must immediately notify the court when possession is no longer in issue and request the matter be redesignated as an unlimited or limited civil matter. The case will be monitored as follows: 1. If the defendant has not filed an answer, the case will be monitored for timely entry of default; or 2. If the defendant has filed an answer, the case will be reassigned to another civil department and a Case Management Conference scheduled. F. Ex Parte Applications. Parties must comply with San Diego Local Rule 2.1.19 and the California Rules of Court.

Ex parte applications and all supporting documents must be filed with the court and, if electronically filed, a courtesy copy sent to the department, no later than noon the court day before the ex parte appearance. The court may refuse to consider any late-filed papers. G. Submission of Evidence in Remote Trials. In accordance with San Diego Local Rule 2.5.8, the court may permit parties to appear by telephone or video for unlawful detainer, forcible entry, and forcible detainer proceedings.

Refer to your Notice of Hearing and the court’s website at https://www.sdcourt.ca.gov for the most current instructions on how to appear and how to submit evidence. Unless otherwise ordered by the court, the following rules apply to trials in which one or more parties appear remotely: 1. The parties must submit to the court and serve all evidence at least two court days prior to the scheduled trial date.

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 26 2. The parties must comply with San Diego Local Rule 2.5.6 regarding permissible exhibits. Original documents must not be submitted. 3. Failure to timely exchange evidence may result in the court not considering that evidence. H. Unlawful Detainer Filings Requesting Extension of Masking.

If an extension of masking is being requested in connection with a filing in an unlawful detainer case wherein a disposition is being sought (including but not limited to stipulated judgments), the submitting party must so indicate on the face of the pleadings.

The document's first page submitted for filing must clearly indicate “extension of masking requested.” This information must appear in the upper right-hand corner of the document, above the case caption, in an area that will not interfere with the clerk affixing a file stamp. (Adopted 1/1/1998; Rev. 1/1/2001; Renum. 7/1/2001; Rev. 1/1/2003; Rev. 1/1/2004; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2008; Rev. 1/1/2009; Rev. 1/1/2010; Rev. 1/1/2018; Rev. 1/1/2021; Rev. 1/1/2022; Rev. 1/1/2023; Rev. 1/1/2024; Rev. 1/1/2025) Rule 2.4.3 Uninsured/Underinsured Motorist Actions If a complaint includes an uninsured/underinsured motorist claim as defined under

section 68609.5 of the Government Code and

section 11580.2 of the Insurance Code, plaintiff must file a declaration stating the case is an uninsured/underinsured motorist case, the name of insurance carrier, and amount of coverage. The court will suspend the time requirements and the action will be stayed for a period of 180 days. Any party who claims to be exempt from the stay and who desires to further prosecute the action must object by noticed motion in the stayed action. Upon the expiration of the 180-day stay period, the action will be dismissed unless, upon noticed motion, good cause is shown to the contrary.

If such motion is granted, the stay may be extended, but such an extension will not exceed 180 days. In addition to the above, if a complaint includes an uninsured/underinsured motorist claim as defined under

section 68609.5 of the Government Code and

section 11580.2 of the Insurance Code, plaintiff must appear ex parte within 60 calendar days of the filing of the complaint and indicate whether a stay of the action or a portion of the action is requested in accordance with rule 2.1.13, and/or whether the case will proceed against all other appearing defendants. (Adopted 1/1/1998; Rev. 1/1/1999; Rev. 1/1/2000; Rev. 1/1/2001; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2013) Rule 2.4.4 Small Claims Cases To facilitate compliance with the Standards of Judicial Administration relating to case disposition time standards and delay reduction, a notice will be given to the plaintiff by the clerk at the time of filing a small claims case advising the following:

(1) Failure to appear at the scheduled hearing may result in the case being dismissed;

(2) If the defendant(

s) is (are) not served by the date of trial and the plaintiff elects not to reset the matter, the case will be dismissed without prejudice when the case is called. Requests for resetting may be made at the time of trial or earlier. If the case is dismissed on the date of trial for lack of service and resetting, and the plaintiff wishes to further litigate the matter, the case must be refiled and a new filing fee paid. A. Venue. Venue for small claims cases: The East, North, and South County Divisions are included in the Central Division for purposes of small claims cases. B. Reassignment.

If the parties do not stipulate to the attorney sitting as a temporary judge to which their case is assigned, the matter will be set for hearing before another temporary judge, commissioner, or judge when available. If the parties do not stipulate to allowing any attorney to hear the case as a temporary judge, the matter will be set for hearing before a commissioner or judge when available. C. Proof of Service. Proof of service must be filed not later than five days before the date set for hearing.

Failure to timely file proof of service may cause the court to remove the hearing from the calendar or dismiss the case without prejudice. D. Appeal Procedures. In addition to the requirements of the Code of Civil Procedure and the California Rules of Court, the following procedure applies in small claims appeals: Parties are not required to file trial briefs in small claims appeals. However, if a party feels a br ief is necessary, it must be filed at least five court days prior to the hearing and must not exceed five pages in length. E. Submission of Evidence in Small Claims Remote Trials and Appeals.

In accordance with San Diego Local Rule 2.5.8, the court may permit parties to appear by telephone or video for small claims proceedings.

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2027 27 Refer to your Notice of Hearing and the court’s website at https://www.sdcourt.ca.gov for the most current instructions on how to appear and how to submit evidence. Unless otherwise ordered by the court, the following rules apply to small claims trials and appeals (trial de novo hearings) in which one or more parties appear remotely: 1. The parties must submit all evidence to be reviewed and considered to the court at least ten calendar days prior to the scheduled trial date. All evidence submitted to the court must also be provided to the other parties in this same time frame and p

Document details

Collection	California Superior Local Rules
Citation	890b6b5922bfdf7d94898bd6d83002e894fb7867
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	890b6b5922bfdf7d94898bd6d83002e894fb7867

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