Department 60 Policies and Procedures - Honorable Matthew C. Braner

Cal. Form CIV-383

California Superior Local Rules

Department Policies and Procedures - Honorable Matthew C. Braner Central - Hall of Justice Revised September 24, 2025 Honorable Matthew C. Braner, Presiding Phone Numbers Court Clerk: (619) 450-7060 Calendar Clerk: (619) 450-7302 1. Matters that Need Rescheduling: Department opened in October of with a docket initially comprised of cases transferred from the other downtown Civil IC departments. Status conferences to res chedule all motions, jury trials, court trials and readiness conferences that were vacated after the cases were transferred began in November of were discontinued on January 31, 2022.

After January 31, 2022, cases where hearings have been vacated but no new dates set will at some point in the near future be set for an OSC in re failure to prosecute - unless the parties appear ex parte with a reasonable explanation for failing to set a status conference. 2. Conformity with Local Rules: Unless otherwise indicated herein, Department adheres to the California Rules of Court and to the San Diego Superior Court Local Rules, Division II. 3. Ex Parte Matters: Ex parte appearance are set by reservation on Tuesday, Wednesday, and Thursday at 8:30 a.m., or at such other time as the court may designate.

Papers are due before noon the day prior to the hearing, with the appropriate fee. All ex parte applications must comply with the California Rules of Court. The court requires courtesy copies of all E-Filed documents on all ex parte papers delivered to the Department drop box in the Civil Business Office, 2nd floor of the Hall of Justice. But the parties, especially the responding party, are also encouraged to leave a courtesy copy in Department 60, either with the bailiff or court clerk. 4.

Informal Discovery Conferences: The court makes itself available to the parties during ex parte hours to discuss discovery disputes. Although not required, the Court highly encourages such discussions, known as informal discovery conferences (IDCs). Parties must meet and confer before requesting an IDC. Parties contemplating the filing of a discovery motion are strongly encouraged to request an IDC beforehand. 5. Law and Motion Matters: All law and motion matters are heard by reservation. Call the calendar clerk at (619) 450 -7302 to

schedule a motion hearing or use the "Reserve a Motion Date" application on the Court's website. Oral arguments on law and motion matters are heard at 9:00 am on Fridays or as otherwise ordered by the Court. Tentative rulings are issued pursuant to California Rules of Court and San Diego County Superior Court Rules and may be accessed any time after 4:00 p.m. on the date before the hearing. IMPORTANT NOTICE: As of early 2025, motions in Department are being set out as much as 6 months or more after they are filed.

THE COURT IS INCLINED TO REGARD THESE LENGTHY MOTION SETTING DATES AS GOOD CAUSE IN ITSELF, AND ACCOMDATE REASONABLE REQUESTS TO ADVANCE THE MOTION HEARING DATE. If a motion goes off calendar before the hearing date, counsel must call and alert the calendar clerk. 6. Case Management Conferences: Case management conferences are held on Fridays between 10: 15 and 11: 00, or as otherwise ordered by the Court. Status Conferences are held on Fridays starting at 11:15. 7. Trial Readiness Conferences: Trial readiness conferences are scheduled on Fridays at 8:45 a.m.

Parties must submit their completed Joint Trial Readiness Conference Report five days before the scheduled TRC. Parties announcing ready will be required to review and sign the Court’s Advance Trial Review Order, a copy of which is included on the court website. 8. Trial Calls: Trial counsel and self-represented parties are to appear for Trial Call on Friday at 8:30 a.m., or at such other time as the court may designate. As set forth in the Advance Trial Review Order, the parties must bring a separate binder containing the motions in limine together with any opposition, arranged in order.

Unless permission to appear virtually is granted (usually at the trial readiness conference), the parties are to appear in person at the trial call and bring with them the Joint Trial Notebook as ordered in the Trial Requirements

section of the Advance Trial Review Order. In order for parties to appear virtually at Trial Call, the Court must have in hand the joint trial notebook containing the following: 1. Agreed upon statement of the case; or a request for mini-opening per CCP§ 222.5(d) 2. 3 copies of the Joint Witness List (all witnesses in alphabetical order on one list.) 3. 3 copies of the Joint Exhibit List with objections, numbered sequentially. (Absent good cause, a party who has offered no objection(

s) to an exhibit is forestalled from objecting to the exhibit at trial.) 4. Joint set of jury instructions, together with index, in the order in which they are requested to be given, with objections noted 5. Proposed verdict form(

s) All exhibits should be pre-marked, with pages numbered. 9. Trials: Trials take place Monday through Thursday, from 9:00 a.m. to 12:00 p.m. and 1:30 p.m. to 4:30 p.m., or as otherwise directed by the Court. 10. Virtual Appearances: Pursuant to the Civil Code of Procedure

Section 367.75 and all relevant and non-conflicting San Diego Superior Court’s Local Rules, virtual appearances are allowed for all matters unless otherwise ordered by the Court. Please see the Court’s website for up to date information about how to appear virtually. 11. Guardian Ad Litem/Publication of Summons. Petitions for appointment of a guardian ad litem and applications for orders for publication of summons may be made ex parte without an appearance. The moving papers should be submitted for review by the Court; the Court may set a hearing if such a hearing is deemed necessary.

Guardian ad litem applications shall include attachment form CIV-383, except if adult dependent. 12. Minors Compromises. Please note that with the passing of SB241 and new CCP §3505, the Court is required to

schedule a hearing on a petition to compromise a minor’s disputed claim within 30 days from the date of filing. This applies for stand- alone minor’s comprom ise matters and those claims within an existing civil matter. The only exception is for expedited petitions as set out in California Rule of Court 7.950.5 or for good cause under Rule 7.952. 13. Settlement Conferences: The Court normally schedules two settlement conference on the third Tuesday of each month, one from a.m. to p.m. and the second from 1:30 to 4:30. Please call the Court clerk or available dates.

Settlement Briefs should be no longer than seven pages (reasonable margins, no less than 12-point type), and should be e-filed no later than the Friday before the Tuesday conference. The parties may include essential documents as attachments. Please note: The Court will preside over these conferences only so long as it is clear the parties are actually willing to settle. That means the parties have exchanged offers, are willing to compromise and genuinely believe the case is settleable. The Court will not allow itself to be used as a cudgel by one party to beat the other into submission.

Attorn eys representing the parties must appear in person unless they apply for permission to appear virtually. This should be done at least five days before the scheduled date. Permission will be denied if the attorney is unable to consummate a settlement should one be reached. Relatedly, the parties themselves should appear in person unless they have provided their counsel express approve to consummate an agreement on their behalf. All parties must appear at least virtually if an agreement is reached. Typically the Court requires the essentials of any agreement to be recorded in the minutes.

Dept. 60 – Advance Trial Review Order

Document details

Collection	California Superior Local Rules
Citation	Cal. Form CIV-383
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	da17fa1590d1cd6b83d004163e6e23d087dbaca7

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