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Chapter III, Rules 3.14 to 3.18: alternative dispute resolution encouraged (3.14.1); referral to judicial arbitration at the case management conference under California Rules of Court, rules 3.800-3.830 (3.14.2); assignment to an arbitrator from the Kern County Superior Court Arbitration Panel (3.14.3); the arbitrator's responsibility and authority (3.14.4); compensation under Civil Code of Procedure section 1141.18 (3.14.5); the time limits of the Trial Court Delay Reduction Act (3.14.6); complaints about arbitrators on the court's panel - confidentiality, written complaints to the ADR Coordinator, acknowledgment and preliminary review, an investigator or complaint committee, investigations, the final decision and interim suspension (3.14.7 to 3.14.7.7); unlawful detainers - the notice terminating the tenancy attached to the complaint, a proof of service filed within twenty (20) days of the complaint, settlements and stipulations for entry of judgment, a request to set for trial within twenty-five (25) days of filing on form UD-150, the case management conference, a request for entry of default within forty-five (45) days, conversion to an ordinary civil action, trial, jury fees and court reporter's fees posted not later than five (5) days before trial, attorney fees, orders to show cause re dismissal, and motions to set aside a default (3.15 to 3.15.14); eminent domain deposits with the State Treasury (3.16); a request for a poststorage hearing under Vehicle Code section 14602.7 within 10 days of the impounding agency's notice (3.17); and an order to show cause re sanctions for a failure to comply with the rules (3.18).
California > Fifth Appellate District > Kern County > Superior Court of California, County of Kern
Rule 3.14 Alternative Dispute Resolution (Effective 7/1/03; Amended 1/1/10 to add 3.16.6; rev. 7/1/10; rev. 7/1/11; renum. 1/1/13; rev. 1/1/15) Rule 3.14.1 Alternative Dispute Resolution Policy (Effective 7/1/03; rev. 7/1/10; renum. 1/1/13; rev. 1/1/15) The Kern County Superior Court encourages civil litigants to resolve controversy by means of Alternative Dispute Resolution (ADR), such as mediation, early neutral evaluation, and arbitration. Kern County Superior Court requires mandatory judicial arbitration pursuant to California Rules of Court, rule 3.811. Thus, the parties in all civil litigation cases in which the parties agree or the court finds the amount in controversy as to each individual plaintiff is $50,000 or less, shall participate in judicial arbitration prior to the matter proceeding to trial unless the court finds that the parties are not amenable to arbitration because the parties have participated effectively in an alternate ADR process or for some other reason. (See California Rules of Court, rule 3.811) Rule 3.14.2 Order to Show Cause (OSC) Procedure (Effective 7/1/03; rev. 7/1/10; rev 7/1/11; renum. 1/1/13; rev. 1/1/15) At the time of the Case Management Conference (CMC), the court shall refer the matter to judicial arbitration under the California Rules of Court (See California Rules of Court, rules 3.800-3.830). The court may set the case for an OSC as to why arbitration has not occurred within ninety (90) days of the assignment date set by the clerk. Rule 3.14.3 Assignment/Election to Arbitration (Effective 7/1/03; rev. 7/1/10; rev. 7/1/11; renum. 1/1/13; renum. 1/1/15) Cases assigned to court-ordered arbitration or for which arbitration has been elected by all plaintiffs or by stipulation of the parties, shall be assigned to an arbitrator from the Kern County Superior Court Arbitration Panel in accordance with California Rules of Court, rule 3.815(b), unless all parties have stipulated to a particular arbitrator from the Kern County Superior Court Arbitration Panel prior to the CMC, the selected arbitrator has agreed to serve as arbitrator in the matter, the selected arbitrator has agreed to have the arbitration completed within the time set forth in Rule 3.14, and the court is apprised of the selection of the arbitrator in the CMC statement or at the time of the CMC. Rule 3.14.4 Responsibility and Authority of the Arbitrator (Effective 7/1/03; rev. 7/1/10; renum. 1/1/13; renum. 1/1/15) The arbitrator shall be responsible for and have the authority to: (a) Contact all parties upon assignment as arbitrator; (b) Notify all parties of the required completion date and propose available times and dates for arbitration; (c) Assign a date and place for arbitration consistent with the required completion date; (d) Conduct court-ordered arbitration allowing for adjournment and reconvening the arbitration at a reasonable time for good cause shown, so long as the arbitration is completed within 90 days from the date of assignment; and (e) Within ten (10) days of completion of the arbitration or the 90th day from the date of assignment file an Arbitration Award with the court. Rule 3.14.5 Compensation of Arbitrators (Effective 7/1/03; rev. 7/1/10; rev. 7/1/11; renum. 1/1/13; rev. 1/1/15) Arbitrators shall be compensated as provided in Civil Code of Procedure section 1141.18 and California Rules of Court. (Effective 7/1/03; rev. 1/1/15) Rule 3.14.6 Tolling of Time Limits (Effective 7/1/03; rev. 7/1/10; rev. 7/1/11; renum. 1/1/13; rev 1/1/15) Submission of a case to judicial arbitration under the California Rules of Court does not affect the time period specified in the Trial Court Delay Reduction Act (Government Code section 68600 et. seq.), except that upon written request of all parties filed with the court, the court may, in its sole discretion, order an exception of up to 90 days to the delay reduction time standards to permit arbitration of an action. (Effective 1/1/10; rev. 7/1/10; rev. 7/1/11; rev 1/1/15) Rule 3.14.7 Procedure for Handling Complaints about Arbitrators on the Court’s Panel (Effective 1/1/10; rev. 7/1/10; renum. 1/1/13; rev. 1/1/15) These rules establish the court’s procedures for receiving, investigating, and resolving complaints about arbitrators listed on the court’s panel. Nothing in these rules should be interpreted in a manner inconsistent with the California Rules of Court or as limiting the court’s inherent or other authority, in its sole and absolute discretion, to determine who may be included on or removed from its lists of arbitrators. These rules also do not limit the court’s authority to follow other procedures or take other actions to ensure the quality of arbitrators who serve in any court ADR program in contexts other than when addressing a complaint. The failure to follow a requirement or procedure in these rules will not invalidate any action taken by the court in addressing a complaint. Rule 3.14.7.1 Confidentiality (Effective 1/1/10; rev. 7/1/10; renum. 1/1/13; rev. 1/1/15) (a) Preserving the confidentiality of ADR communications. All complaint proceedings will be conducted in a manner that preserves the confidentiality of communications as required by law, including, but not limited to, the confidentiality of any communications between an arbitrator and all other participants in the case. (Effective 1/1/10; rev. 7/1/10; rev. 1/1/15) (b) Confidentiality of complaint proceedings. All complaint proceedings will occur in private and will be kept confidential. No information or records concerning the receipt, investigation, or resolution of a complaint will be open to the public or disclosed outside the course of the complaint proceeding except as otherwise required by law. (Effective 1/1/10; rev. 7/1/10; rev. 1/1/15) Rule 3.14.7.2 Submission of Complaints to the Complaint Coordinator (Effective 1/1/10; rev. 7/1/10; renum. 1/1/13) All complaints shall be in writing and should be submitted or referred to the ADR Coordinator. Rule 3.14.7.3 Acknowledgment and Preliminary Review of Complaints (Effective 1/1/10; rev. 7/1/10; renum. 1/1/13; rev.1/1/15) (a) Acknowledgment of complaints. (Effective 1/1/10; rev. 7/1/10) When the ADR Coordinator receives a complaint, the coordinator will send the complainant a written acknowledgment of receipt. (b) Preliminary review of complaints. (Effective 1/1/10; rev. 7/1/10) 1. The ADR Coordinator will review each complaint to determine whether it warrants investigation or can be promptly, informally, and amicably resolved or closed. The coordinator may: a) Informally contact the complainant to obtain clarification or additional information or to provide information that may address the complainant’s concern. b) Communicate informally with the arbitrator to obtain the arbitrator’s perspectives. 2. If it appears to the ADR Coordinator that the arbitrator may have violated a provision of the rules of conduct, or other applicable ethics requirements, the ADR Coordinator must inform the arbitrator about the complaint and give the arbitrator an opportunity to provide an informal response. (Effective 1/1/10; rev. 1/1/15) 3. The ADR Coordinator may close a complaint without initiating an investigation if; a) The complaint is withdrawn by the complainant; b) No violation of the rules of conduct or other ethics requirements appears to have occurred or the complaint is without sufficient merit to warrant an investigation; c) The conduct alleged would constitute a very minor violation of the rules of conduct or other ethics requirements, the coordinator has discussed the complaint with the arbitrator, and the arbitrator has provided an acceptable explanation or response; or d) The complainant, the arbitrator, and the ADR Coordinator have agreed on a resolution to the complaint. (Effective 1/1/10; rev. 1/1/15) (c) Notification of closure. (Effective 1/1/10; rev. 7/1/10) If the ADR Coordinator closes a complaint without initiating an investigation, the coordinator must send the complainant notice of this action. Rule 3.14.7.4 Appointing an Investigator or Complaint Committee (Effective 1/1/10; rev. 7/1/10; renum. 1/1/13; rev. 1/1/15) The presiding judge or, at the direction of the presiding judge, the court’s ADR Committee, will appoint an investigator who has experience as an arbitrator and is familiar with the applicable rules of conduct or ethics requirements, or a complaint committee that includes at least one such individual, to investigate and make recommendations concerning any complaint that is not resolved or closed by the ADR Coordinator as a result of the preliminary review. Rule 3.14.7.5 Investigations (Effective 1/1/10; rev. 7/1/10; renum. 1/1/13; rev. 1/1/15) (a) Application: The procedures in this rule apply only if a complaint is not resolved or closed through the preliminary review or if the ADR Coordinator initiates an investigation under (c). (b) Referral of a complaint for investigation: If a complaint is not closed as a result of the preliminary review, the ADR Coordinator will refer it to the investigator or complaint committee for investigation. The ADR Coordinator will provide the investigator or complaint committee with a summary of the preliminary review that includes: 1. A copy of the complaint; 2. A copy or summary of any response from the arbitrator; 3. A list of any violations of the rules of conduct or other applicable ethics requirements that may have occurred; and 4. Copies of any previous complaints about the arbitrator relevant to the current complaint. (Effective 1/1/10; rev. 1/1/15) (c) Initiation by the ADR Coordinator: The ADR Coordinator may initiate an investigation based on information received from any source, including an inquiry, indicating that an arbitrator may have violated a provision of the rules of conduct or other ethics requirements. To initiate the investigation, the ADR Coordinator must refer the information received to an investigator or complaint committee with a list of the violations of the rules of conduct or ethics requirements which may have occurred. (Effective 1/1/10; rev. 1/1/15) (d) Arbitrator’s notice and opportunity to respond: (Effective 1/1/10; rev. 1/1/15) 1. The investigator or complaint committee must provide the arbitrator with a copy of the materials provided to the investigator or complaint committee by the ADR Coordinator under (b) or (c). 2. The arbitrator will be given an opportunity to respond to the complaint and the list of apparent violations. (e) Preparing report and recommendation: The investigator or complaint committee will conduct the investigation that the investigator or complaint committee considers appropriate. Thereafter, the investigator or complaint committee will prepare a written report that summarizes the investigation and states the investigator’s or complaint committee’s recommendation concerning the final decision on the complaint. The investigator or complaint committee may recommend that the court take no action or that it take appropriate action, including but not limited to: counseling, admonishment, or reprimand of the arbitrator; imposition of additional training for the arbitrator; or suspension or removal of the arbitrator from the panel. (Effective 1/1/10; rev. 1/1/15) (f) Informing arbitrator of recommendation: The investigator or complaint committee may inform the arbitrator of its recommendation and inquire whether the arbitrator accepts the recommendation. If the arbitrator accepts the recommendation, the investigators or complaint committee’s report must so indicate. (Effective 1/1/10; rev. 1/1/15) (g) Submitting report and recommendation: The investigator or complaint committee must submit its report and recommendation to the ADR Coordinator. The ADR Coordinator must promptly forward a copy of the report and recommendation to the presiding judge or, at the direction of the presiding judge, to the court ADR Committee. (Effective 1/1/10) Rule 3.14.7.6 Final Decision on a Complaint that was Investigated (Effective 1/1/10; rev. 7/1/10; renum. 1/1/13; rev. 1/1/15) (a) Responsibility for final decision: The presiding judge is responsible for making the final decision about the action to be taken on any complaint that was investigated under Rule 3.14.7.5, or for designating the Chair of the ADR Committee or ADR Committee to perform this function. (Effective 1/1/10; rev. 7/1/10) (b) Acting on recommendation: 1. Within 30 days after the investigator’s or complaint committee’s recommendation is forwarded to the presiding judge or the presiding judge’s designee, the presiding judge or designee may submit to the ADR Coordinator a decision: (Effective 1/1/10; rev. 7/1/10) a) Affirmatively adopting the investigator’s or complaint committee’s recommendation as the final decision on the complaint; or b) Directing a different action. (Effective 1/1/10; rev. 1/1/15) 2. If the presiding judge or his or her designee does not submit a decision within 30 days after the investigators or complaint committee’s recommendation is forwarded, as provided in (1), the investigator’s or complaint committee’s recommendation will become the final decision on the complaint. (Effective 1/1/10; rev. 7/1/10) (c) Notification of final action: The ADR Coordinator must promptly notify the complainant and the arbitrator in writing of the final action taken by the court on the complaint. (Effective 1/1/10; rev. 7/1/10) (d) Authorized disclosures: After the decision on a complaint, the presiding judge, or his or her designee, may authorize the public disclosure of information or records concerning the complaint proceeding that do not reveal any confidential communications. The disclosures that may be authorized under this subdivision include the name of an arbitrator against whom action has been taken, the action taken, and the general basis on which that action was taken. In determining whether to authorize the disclosure of information or records under this subdivision, the presiding judge or designee should consider the purposes of the confidentiality of complaint proceedings stated in California Rules of Court, rule 3.871. (Effective 1/1/10; rev. 7/1/10) Rule 3.14.7.7 Interim Suspension Pending a Final Decision on a Complaint (Effective 1/1/10; rev. 7/1/10; renum. 1/1/13; rev. 1/1/15) If the preliminary review or the investigation indicates that an arbitrator may pose a threat of harm to ADR participants or to the integrity of the court’s ADR programs, the presiding judge or his or her designee may suspend the arbitrator from the court’s panels or lists pending final decision on the complaint. The ADR Coordinator may make a recommendation to the presiding judge or the designee regarding such a suspension. Rule 3.15 Unlawful Detainers (Effective 1/1/07; renum. 1/1/13) Rules 3.15 through 3.15.16 apply to all unlawful detainer and forcible detainer actions filed after January 1, 2007. Rule 3.15.1 Filing the Complaint (Effective 1/1/07; rev 1/1/10; renum. 1/1/13; rev. 1/1/14) (a) All complaints for unlawful detainer shall, if based upon a notice terminating the tenancy or right to possession, be accompanied by the original such notice attached as an exhibit to the complaint as required by Code of Civil Procedure section 1166. (b) A complaint for unlawful detainer of residential property shall be accompanied by a copy of any written rental agreement or lease regarding the premises, including any amendments or addenda to such agreement, as required by Code of Civil Procedure section 1166, unless the complaint alleges that the lease or rental agreement is oral, that neither the original nor a copy of the written rental agreement or lease is in the possession or control of the plaintiff, or the action is based solely on subdivision (2) of Code of Civil Procedure section 1161. (c) At the time the complaint in an unlawful detainer action is filed, the clerk shall issue an order to show cause re dismissal to the plaintiff designating a date of hearing on the order to show cause not more than ninety (90) days after filing. The order to show cause will be dropped from calendar upon filing of an amended complaint converting the action to an ordinary civil action, a request for dismissal, a judgment or a notice of settlement. (Effective 1/1/07; rev 1/1/10; rev. 1/1/14) (d) Unless otherwise ordered, the minimum undertaking required for an order for immediate possession of the premises pursuant to Code of Civil Procedure section 1166(a) shall be ten (10) times the monthly rental or $2,500, whichever is greater. Rule 3.15.2 Proof of Service (Effective 1/1/07; rev. 1/1/10; renum. 1/1/13) (a) A proof of service or application for service by posting and mailing pursuant to Code of Civil Procedure section 415.45 must be filed within twenty (20) days of the date of filing of the complaint, unless an answer or other responsive pleading has been filed. (b) No application for service by posting and mailing pursuant to Code of Civil Procedure section 415.45 shall be granted unless the requirements of due diligence have been satisfied. The requirements of due diligence shall be deemed satisfied if the declaration of attempted service shows at least three (3) separate attempts to serve, on three (3) different dates, not more than two (2) of which may be on a holiday as defined in Code of Civil Procedure section 10, with at least one (1) such attempt before noon and one (1) such attempt after noon. (c) In cases in which service of the summons and complaint is made by posting and mailing pursuant to Code of Civil Procedure section 415.45, proof of service by posting and mailing shall be filed within ten (10) days of the date of issuance of the order permitting service pursuant to Code of Civil Procedure section 415.45. Rule 3.15.3 Settlement (Effective 1/1/07; renum. 1/1/13) (a) A settlement agreement may provide that, in the event of default, the non-defaulting party may seek additional relief from the court by filing an ex parte application for such relief. Any settlement agreement providing for such ex parte relief shall contain one (1) of the following: 1. A proof of service showing that the ex parte application was served on the defaulting party. 2. A declaration stating either that notice of the filing of the ex parte application was given to the defaulting party, specifying how and when such notice was given. 3. A declaration demonstrating that such notice should be excused pursuant to Rule 3.1204(b)(2) or (3) of the California Rules of Court. (b) Unless notice is excused, the ex parte application or the declaration shall describe the relief requested, and the date and time of the hearing on the ex parte application. (c) A hearing on the ex parte application shall be held no sooner than forty-eight (48) hours after the filing of the application re notice to the allegedly defaulting party unless such notice was excused. If service of the notice is by mail, then the hearing shall be held no sooner than five (5) days after the date of mailing. (d) Objection, if any, to the ex parte application shall be by written declaration under penalty of perjury, filed and served on all interested parties at or prior to the time of the hearing, and shall state with specificity the grounds for such objection. (e) Applications for further relief in cases in which the settlement agreement does not provide for an ex parte application procedure for further relief shall be upon noticed motion. There shall be a rebuttable presumption that applications for orders shortening time for hearing of such motions seeking possession and other cases in which time is of the essence are meritorious. (f) Nothing in these rules shall preclude a party from seeking to enforce the terms of a settlement agreement in an unlawful detainer action by appropriate motion pursuant to Code of Civil Procedure section 664.6 or other controlling authority. Rule 3.15.4 Stipulations for Entry of Judgment (Effective 1/1/07; renum. 1/1/13) Any stipulation between parties that provides terms and conditions for settlement of an unlawful detainer action must include by entry of judgment: (a) A statement, pursuant to Rule 3.1385 of the California Rules of Court, that plaintiff will file a request for dismissal of the entire action either within forty-five (45) days of the date of the filing of the stipulation or upon some other specified date no more than ninety (90) days following the date of filing of the stipulation. (b) A place for the court to set a date for an order to show cause re dismissal at which the parties may appear if the terms and conditions are not met and upon which the court may dismiss the case if the parties fail to appear and the plaintiff has not filed a request for dismissal as provided in Rule 3.17.4(a). (c) If the stipulation is presented for court approval prior to the date of trial, and the parties do not intend to appear at trial, an order vacating the trial date. (d) A clear and concise statement of the ex parte application, opposition and order process by which remedies are available to either party in the event of a default in any of the terms and conditions of the stipulation. The clerk shall not enter judgment upon the mere declaration of either party. Rule 3.15.5 Setting Case for Trial (Effective 1/1/07) (a) Within twenty-five (25) days of the date of filing of the complaint, the plaintiff shall file a request to set for trial unless a request for entry of default judgment or request for dismissal has been filed. (b) The case will be set for trial not more than twenty (20) days after the date of filing of the memorandum to set the case for trial. The court shall give notice of trial in accordance with Code of Civil Procedure section 594. (c) If a jury is demanded, the clerk shall, in addition to the trial date, set the case for a case management conference within ten (10) days of the date of filing of the request to set for trial. Rule 3.15.6 Request/Counter Request to Set for Trial (Effective 1/1/07; renum. 1/1/13) (a) A request or counter request to set for trial shall be completed on the Judicial Council for Request/Counter-Request to Set Case for Trial-Unlawful Detainer (Judicial Council Form UD- 150. The filing of a request or counter request to set the case for trial shall be deemed a representation by such party that the case is at issue and will be ready for trial on the date first assigned for trial. (b) Any other party to the action may file a counter-request to set the case for trial. Failure of any party to file a counter-request to set the case for trial shall be deemed agreement by the party failing to file with all the matters represented in the request to set the case for trial. Rule 3.15.7 Case Management (Effective 1/1/07; renum. 1/1/13) All parties, or counsel if represented, shall appear at the case management conference. Parties or counsel appearing at the case management conference shall be fully prepared to discuss all aspects related to trial of the case, including the estimated time of trial and matters which may be stipulated to prior to trial. Rule 3.15.8 Default (Effective 1/1/07; renum. 1/1/13) (a) Request for entry of default shall be made within forty-five (45) days of the date of filing of the action unless an answer or other response has been filed, or the action is dismissed or finally disposed of in its entirety. (b) Plaintiff shall, within six (6) months of entry by the clerk of a default judgment for possession of the premises only, set the case for a default hearing for judgment for money damages, or shall submit a declaration pursuant to Code of Civil Procedure section 585(b) and (d). Failure of the plaintiff to cause a request for judgment for such damages to be entered within six (6) months of the date of entry of a judgment for possession only shall result in an order to appear to show cause why sanctions for such failure shall not be imposed. Monetary or other appropriate sanctions may be imposed at the order to appear for failure to comply with this rule. Rule 3.15.9 Conversion of Cases to Ordinary Civil Action (Effective 1/1/07; renum. 1/1/13) In the event possession becomes no longer an issue at any time prior to trial, or, in the event of an uncontested proceeding, prior to entry of judgment of possession, it shall be the duty of plaintiff to immediately notify the court. If, at any time prior to entry of judgment for possession, it appears that no defendant is in possession, or that possession is otherwise not an issue, then the trial date shall be immediately vacated, and the case shall be converted by the court to an ordinary civil action. Plaintiff shall thereafter have thirty (30) days within which to file an amended complaint, and the case shall be set for an order to show cause re dismissal to be heard forty-five (45) days following conversion of the action to an ordinary civil action. Rule 3.15.10 Trial (Effective 1/1/07; renum. 1/1/13) (a) Trial will take place on the date scheduled unless continued by order upon properly noticed motion showing good cause for such continuance. (b) Motions for continuance of the trial made on the date of trial are disfavored and will be granted only upon a clear showing of good cause. (c) The prevailing party after trial shall prepare the judgment. (d) All unlawful detainer trials, including jury trials, shall be electronically recorded unless a party requests that the trial be stenographically recorded. Any request for stenographic recording shall be made in writing not less than five (5) days prior to the date the case is first set for trial. The party requesting stenographic recording shall post court reporter fees equal to one-half day’s fees at the time the request is made. Refer to Local Rule 1.6. Rule 3.15.11 Jury Trials in Unlawful Detainer Actions (Effective 1/1/07; renum. 1/1/13) (a) Jury fees and court reporter’s fees, if a court reporter is desired, shall be posted by the party requesting a jury not later than five (5) days prior to the date first assigned for trial. (b) If the estimated time for trial exceeds one (1) calendar day, for each subsequent day of trial, the jury fees and court reporter’s fees, if a reporter is desired, shall be posted by the party requesting the jury trial, by the close of business the day before the next scheduled trial date. (c) All requested and relevant jury instructions shall be submitted to the court no later than 9:00 a.m. on the date first assigned for trial. (d) All motions, including motions in limine, shall be submitted in writing to the court no later than 9:00 a.m. on the date first assigned for trial. (e) Case management conference will be set at the time jury is demanded. (f) Failure to comply with any of the above will result in a waiver of jury and the trial will proceed immediately by court. Rule 3.15.12 Attorney Fees (Effective 1/1/07; renum. 1/1/13) (a) In actions for unlawful detainer for possession of residential property, whether multi-family or single family, if the prevailing party is entitled to an award of attorney’s fees the attorney’s fees awarded by the court shall not, except upon good cause shown, exceed the following amounts: 1. In cases in which judgment is entered by default as a result of the failure of any defendant to respond to the complaint, the sum of $300. 2. In cases in which at least one (1) defendant has filed an answer or responsive pleading, but which are uncontested at trial, the sum of $400. 3. In cases contested at trial, the sum of $500. (b) Where a party in a residential unlawful detainer action wishes to seek attorney fees in excess of the fees set forth in Rule 3.15.12(a), such fees may be awarded only upon application and declaration setting forth good cause therefor in cases in which no answer or response has been filed by any defendant, or upon regularly noticed motion in cases in which an answer or response has been filed by at least one (1) defendant. (c) In actions for unlawful detainer for possession of non-residential property, the prevailing party may recover, if entitled to recovery of attorney’s fees, such amount as may be awarded upon ex parte application and declaration in cases in which no defendant appeared, or upon properly noticed motion for an award of attorney’s fees in actions in which at least one (1) defendant has appeared. Rule 3.15.13 Order to Show Cause Re Dismissal (Effective 1/1/07; renum. 1/1/13) (a) An order to show cause re dismissal will be taken off calendar if a trial date has been set, a request to set case for trial has been filed, the case is dismissed, or if there has been a settlement or other final disposition of the entire matter. (b) All parties who have made a general appearance in the case shall attend the hearing on the order to show cause, either in person or by telephonic appearance. Rule 3.15.14 Motion to Set Aside Default and Vacate Default Judgment and/or for Stay of Execution of Judgment (Effective 1/1/07; renum. 1/1/13) (a) Ex parte applications for orders shortening time for hearing on a motion to vacate a default judgment and/or set aside a default, or for a stay of execution of a writ of possession shall comply with California Rules of Court, rule 3.1200. (b) Except for good cause shown, only one (1) request for stay of execution will be granted per case and stays of execution will be limited to seven (7) days from the date originally scheduled for the lock-out to occur. (c) Except for good cause shown, no stay of execution will be granted in cases settled or disposed of by agreement of the parties or by stipulation of the parties, unless the parties have agreed otherwise in writing or on the record in open court. (d) Except for good cause shown, motions to vacate a default judgment and/or to set aside a default shall not be granted ex parte. Rule 3.16 Eminent Domain Deposits (Effective 7/1/10; renum. 1/1/13; renum. 1/1/26) All deposits of probable compensation in eminent domain proceedings pursuant to Code of Civil Procedure section 1255.010, et seq., shall be deposited with the State Treasury pursuant to Code of Civil Procedure section 1255.070, unless the motion or ex parte application therefore specifically requests that the funds be deposited with the County of Kern. All deposits of probable compensation deposited with the County shall be deposited into an interest bearing account. Rule 3.17 Vehicle Code section 14602.7 Hearings (Effective 1/1/26) (a) A request for a poststorage hearing pursuant to Vehicle Code section 14602.7 by an owner or owner’s agent to determine the validity of vehicle storage must be made within 10 days of the date of the impounding agency’s notice of the impoundment. (b) The request for a poststorage hearing must be made using Request for Poststorage Hearing to Determine Validity of Storage (local mandatory form KRN SUP CRT CIV-2511). A copy of the Notice from the person or agency executing the warrant or court order must be attached to the request. The request for a poststorage hearing must be filed in the Civil Division located at 1215 Truxtun Ave., Bakersfield, CA 93301. (c) Upon timely receipt of the completed request for a poststorage hearing, the court will complete a Notice of Poststorage Hearing with a hearing date, time and location, and provide a copy of said Notice to the requesting party. The hearing shall be within two court days after receipt of the request. (d) The requesting party must serve the person or agency who executed the warrant with a copy of the Notice of Poststorage Hearing and must file a proof of service of the Notice before or on the date of the hearing. (e) The parties may appear remotely at the discretion of the judicial officer notwithstanding Local Rule 3.2.1. Rule 3.18 Failure to Comply with Rules (Effective 1/1/07; renum. 1/1/13; renum. 1/1/26) Any failure to comply with these rules shall result in the issuance of an order to show cause why sanctions, including monetary sanctions, issue sanctions, evidence sanctions or terminating sanctions, should not be imposed.
Rule 3.14 Alternative Dispute Resolution (Effective 7/1/03; Amended 1/1/10 to add 3.16.6; rev. 7/1/10; rev. 7/1/11; renum. 1/1/13; rev. 1/1/15) Rule 3.14.1 Alternative Dispute Resolution Policy (Effective 7/1/03; rev. 7/1/10; renum. 1/1/13; rev. 1/1/15) The Kern County Superior Court encourages civil litigants to resolve controversy by means of Alternative Dispute Resolution (ADR), such as mediati
Reviewer note: Composed 2026-10-14 (California T4 Kern build 2026-10-14) from BenchPath custody ca/t4/ca-kern/docs/general/local-rules-court-effective-7126.pdf (the court's rule book, its cover “LOCAL RULES OF COURT SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN July 1, 2026”, as fetched 2026-10-14; 1712899 bytes, sha256 374bf0cba1a66f90bd6bea59ca9523d5149362ef14f0d1edc454e76ac5738a83; 138 pages; this part PDF pages 50 to 60, printed pages 49 to 59) with the shared verbatim composer (v2 reflow): the rules (PDF pages 14 to 128) composed as one text and cut at the chapter headings (“Chapter I. General Rules” to “Chapter IX. Court Communication Protocol for Domestic Violence and Child Custody Orders”) and, in Chapters I, III, VI, VII and VIII, at rule or section headings (“Rule 1.8”, “Rule 1.12”, “Rule 3.14”, “Rule 6.10”, “Rule 7.4”, “Section Three – Proceedings”, “Section Six – Attorney Competency Standards”, “Rule 8.10”), each matched once as a whole line; every page's running header (“SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN”, named) and printed page number (“13” to “127”) removed as chrome - 230 chrome lines; lines reflowed into the rules' paragraphs, each chapter heading, rule heading, Preamble, section heading and lettered or numbered subdivision starting a line; Rules 1.17 and 1.21's ruled tables (PDF pages 32 and 33, 38 and 39) set a row a line, its cells left to right (the composer's table rows); the strike report (review/strike-report-2026-10-14.txt) finds no struck run; 27 whitespace-only fixes (build/book-fixes.json: 7 line breaks the reflow left before a reference or an inline list item at the paragraph's own margin, rejoined; 19 runs of rows the reflow ran together, split - Rule 1.8.1's two fee tables and the court's mailing address, Rule 3.3.1's regional courts and their telephone numbers, Rule 3.6(a)'s scale of fees, and the side heading “Preamble” of Chapters VI and VII; 1 word the page break split at its hyphen, closed up - “20-calendar-day”); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and its run after the fixes, review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (2 to 13) and the index (129 to 138) belong to no card; Appendix A, a separate document, is decided in the document catalog (held for the table lane, with a review task).
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.