North County Department 28 Civil Independent Calendar Policies and Procedures Judge Daniel Segura

Cal. Form ADM-430

California Superior Local Rules

North County Department Civil Independent Calendar Policies and Procedures Judge Daniel Segura Courtroom Clerk: Kuliha'apai, Suzanne (7:30 to 4:30) Suzanne.Kuliha’apai@SDCourt.CA.Gov (760) 201-8028 Email preferred Research Attorney: Nathan Berkeley Bailiff: (760) 201-8563 Calendar Clerk: Civil Calendar lookup (760) 201-8704

Schedule

Summary: Trials M-Th 9-4:30; Ex Partes M & W 8:30 a.m. Fridays: 8:15 am debtor exams; 8:30 Trial & TRC; 9:30 Motions; 10:30 OSC/status/prove ups; 1:30 pm CMCs Rules: Unless otherwise indicated, Dept. N follows the California Rules of Court

Chapter Three Civil (link) and San Diego Superior Court Local Rules, Division II (Civil Rules link) Case Management Conferences: CMCs are heard on Fridays at 10:00am. In late they will be heard at 1:30 p.m. Counsel shall file a CMC statement pursuant to CRC Rule 3.725 See CRC 3.700 et seq. particularly CRC 3.722, Local Rule 2.1.9 and CRC 3.110 and include CRC 3.727 issues. Continued CMCs do not require a new statement unless directed by the Court. Law and Motion Matters: Motions are heard on Fridays at 1:30 p.m. In late they will be at 9:30 a.m.

Motions are by reservation only by calling the calendar clerk at (760) 201-8704 or using the “reserve a motion date” application on the court’s website. Reserve a Motion Date A Tentative ruling may be posted on the Court website tentativerulings around 4:00 p.m. the court day before the hearing date. Motions are heard in accordance with CRC Rule 3.1308(a)(2). Motions to compel will be calendared without requiring an ex parte hearing. Email clerk if not appearing and submitting on tentative or if taking the matter off calendar.

Demurring party shall meet and confer with opposition to resolve objections, and the demurrer must comply with CCP 430.41 Trial Readiness Conference: Fridays at 8:30 a.m. Joint Trial Readiness Conference Reports must be filed five days prior to the TRC. Local Rule 2.1.15. Adhere to TRC order (see attached).

The Court requires a trial notebook with an agreed statement of case, joint witness list, joint exhibit list with objections (otherwise waived) joint jury instructions with index, in order requested to be given (accompanied by objections including points and authorities), and proposed verdict forms/ special verdict forms. Any proposed voir dire questions, outstanding depositions, expert issues or discovery issues must be resolved, and the matter may either be continued with good cause or proceed with the absence of such evidence or witnesses. Local Rule 2.1.15 Trial Call: 8:30 a.m. on Fridays.

Lead trial counsel must be personally present. Motions in limine per local rule 2.1.18 and trial brief filed five court days before trial (trial brief mandatory for court trials lasting more than one day). MIL oppositions must be filed two days before trial. Email clerk courtesy copies. Trial: We are normally in session Mon-Thurs 9:00 a.m. to 12:00 p.m. and 1:30 p.m. to 4:30 p.m. Jurors will be seated promptly; counsel should arrive 10 minutes before session begins. The jury will be required to deliberate on Fridays.

Jury fees are due at the end of each week as summarized through billing statements provided by the clerk. In the absence of a court reporter, the parties must submit a daily settled statement. Continuances: 1st request to continue CMC, Trial, Trial Readiness Conference (TRC) and Motion cutoff dates may be requested by Stipulation and Proposed Order (SPO). The Court will review the SPO and

schedule an ex parte hearing if needed. See calendar to select agreeable sets of dates. Note court holidays/dark days. CMC Future Date Chart Four Week TRC.xlsx Personal Appearances Required: You must appear in person for Ex Parte’s, TRCs, Trial Call, Motions in Limine, Trial, and Hearings on Temporary Restraining Orders. Persons ordered to appear to show cause why sanctions should not be imposed for violation of a Court Order or Rule (failure hearings) and witnesses for hearings where they are expected to testify are to appear in person unless expressly excused by the Court.

Remote Appearances; Attorneys or parties appearing remotely must sign in using a name and check in with the clerk. Failed use of remote technology is at your risk of having a non-appearance. See Civil Code of Procedure 367.75 and CRC 3.670, 3.672 and Local Rule 2.5.8. SD Civil Remote Appearance (link) Ex Parte Matters: By reservation only Mondays and Wednesdays at 8:30 a.m. Papers are due no later than 11:00 a.m. two business days prior to the scheduled appearance. Parties failing to formally meet and confer prior to reserving an ex parte date may result in the hearing being taken off calendar.

Emails or notifying the other party of the ex parte hearing does not constitute meeting and conferring. A declaration stating the issues in dispute, copies of what has been requested, responses given and the meet and confer is required. Ex Parte Hearings are heard via in person only. In extraordinary circumstances parties may be permitted to appear through MS Teams. Contact the Clerk with request. See CRC 3.1200 et seq. Guardian Ad Litem / Publication of Summons; These may be made ex parte without an appearance. The court will set a hearing date if necessary. Include form ADM-430 except for adult dependent.

See Local Rule 2.4.6 for GAL requirements. For Publication see CCP 415.50(

a) Settlement Conferences: Settlement briefs (7 pages) are to be submitted to the settlement judge at least five court days prior to the hearing. Parties necessary to settle case must be present to authorize a CCP 664.6 agreement and there must be genuine interest in settlement with viable offers available. Discovery & Informal Discovery Conferences; Discovery disputes between parties should be handled informally according to the liberal nature of discovery statutes. Parties must meet and confer by phone or video prior to filing a discovery motion.

Discovery motions to compel initial responses should be reserved on the calendar as a single motion and filed as such. Motions to compel further responses and motions to deem facts admitted should be filed as separate motions. Moving party may submit a concise outline of the discovery request and each response in the dispute. Local Rule 2.1.21 prior order permitting this is not required. Instead submit the requests and responses as exhibits to the motion, tabbing and highlighting the relevant portions. Default Prove-up Hearings: Default Prove-up hearings are heard on Fridays at 10:30 a.m.

Lodged Documents; Documents / materials lodged with the court will be discarded/ destroyed if not accompanied by an addressed envelope with sufficient postage or picked up within 10 days See CRC 3.1302(b). The Court encourages law firms and government agencies to allow less experienced attorneys the opportunity to argue motions, examine witnesses, conduct voir dire and open/close a case. The Court will consider allowing leave to allow lead counsel to intervene when appropriate.

Any failure to comply with any requirements of the Advance Trial Review order or these polices and procedures shall subject the non- complying person to the imposition of appropriate sanctions, including but not limited to monetary sanctions, exclusion of evidence, issue preclusion, denial of a claim of defense, dismissal, or contempt (pursuant to to CCP sections 128.5; 177.5; 575.2; 583.410; GC

section 68608,and local rules 2.1.9 (B), 2.1.19 (A), 2.1.20; 2.5.12; The Court expects counsel to be familiar with and follow the California Attorney Guidelines of Civility and Professionalism. Remember, “[A]s an officer of the court, I will strive to conduct myself at all times with dignity, courtesy, and integrity.” Civility-Guidelines Department. 28 - ADVANCE TRIAL REVIEW CONFERENCE

Document details

Collection	California Superior Local Rules
Citation	Cal. Form ADM-430
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	8c81036c3250dbda25aa86c5a9e8743a443d6a8c

Source file is stored in the law ingest library (pdf).