Lassen County Superior Court Local Rules of Court (effective July 1, 2026) — Rule 7: Civil Litigation Delay Reduction

Requirement

RULE OF COURT NO. 7 CIVIL LITIGATION DELAY REDUCTION A. STATEMENT OF POLICY. These Rules are revised and promulgated pursuant to the Trial Court Delay Reduction Act of 1986, as revised, set forth in Government Code section 68600, et seq. and California Rules of Court Title 3 Civil Rules et seq. and apply to all pending and hereafter filed civil actions in this court which are designed for inclusion in the Lassen Superior Court Delay Reduction Program as set forth in these rules. It is the policy of the Lassen Superior Court to actively manage, supervise and control the litigation of all actions subject to these rules from initiation of an action through disposition, for the purpose of resolving all subject civil cases with economy to the parties in the most efficient manner consistent with the obligation of the court to give full and careful consideration to all issues presented for resolution and provide a forum wherein the parties may adequately prepare and present their cases before the court. The goal of the Program is to manage civil cases from filing so that: (1) Of unlimited civil cases, 75% are disposed of within 12 months, 85% are disposed of within 18 months, and 100% are disposed of within 24 months. (2) Of limited civil cases, 90% are disposed of within 12 months, 98% are disposed of within 18 months, and 100% are disposed of within 24 months. In managing individual civil cases the court must consider each case on its merits. To enable the fair and efficient resolution of civil cases, each case should be set for trial as soon as appropriate for that individual case consistent with Rule 3.729. B. CIVIL CASES SUBJECT TO PROGRAM. All civil cases filed in the court are subject to the Program except those in the following categories: Probate Guardianship Conservatorship Family Law Adoptions Small Claims Unlawful Detainer Small Claims Appeals Writs Civil Petitions Sister State Judgments Water Rights Juvenile Court Proceedings C. LAW AND MOTION MATTERS NOT SUBJECT TO PROGRAM. Any law and motion matters not specifically related to the processing of the case pursuant to these rules or encompassed in the management of the case pursuant to these rules shall be set and noticed in the appropriate law and motion department of the court. D. DUTIES OF CLERK AND PARTY/ATTORNEY UPON FILING FIRST PAPER. At the time of filing of the initial paper instituting a subject case, the clerk shall provide to the party or attorney for the party presenting the document for filing LSC-CIV-025, Delay Reduction Program Notice. A copy of that document shall be served upon each other party with the Summons or other first document served upon them. Any party filing a Cross-Complaint shall serve a copy of the document with the Summons or other first document served upon any Cross-Defendants who have not previously been served as a party to the action. E. TIME FOR SERVICE OF COMPLAINT, CROSS-COMPLAINT AND RESPONSE. (1) Applicability. This rule applies to the service of pleadings in civil cases except for unlawful detainer actions, proceedings under the Family Code, and other proceedings for which different service requirements are prescribed by law. (2) Service of Complaint. The Complaint must be served on all named Defendants and proofs of service on those Defendants must be filed with the court within 60 days after the filing of the Complaint. When the Complaint is amended to add a Defendant, the added Defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint. (3) Service of Cross-Complaint. A Cross-Complaint against a party who has appeared in the action must be accompanied by proof of service of the Cross-Complaint at the time it is filed. If the Cross-Complaint adds new parties, the Cross-Complaint must be served on all parties, and proofs of service on the new parties must be filed within 30 days of the filing of the Cross-Complaint. (4) Timing of Responsive Pleadings. The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial Complaint with written notice to the court. (5) Modification of Timing; application for order extending time. The court, on its own motion or on the application of a party, may extend or otherwise modify the times provided in (2)–(4). An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. The application must be accompanied by a declaration showing why service has not been effected, documenting the efforts that have been made to effect service, and specifying the date by which service is proposed to be effected. (6) Request for Entry of Default. If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the Plaintiff within 10 days after the time of service has elapsed must file a Request for Entry of Default. (7) Default Judgment. When a default is entered, the party to request the entry of default must obtain a Default Judgment against the defaulting party within 45 days after entry of default, unless the court has granted an extension of time. F. CASE MANAGEMENT CONFERENCE; MEET-AND-CONFER REQUIREMENT; AND CASE MANAGEMENT ORDER. (1) Initial case management review. In every general civil case except complex cases and cases exempted under California Rules of Court, rules 3.712, 3.714, and 3.735, the court shall review the case no later than 180 days after the filing of the initial complaint. (2) Case management conference. (a) Case management conference. In each case, the court will set an initial case management conference to review the case. Notice of the case management conference will be given to all parties no later than 45 days before the conference, unless otherwise ordered by the court. At the conference, counsel for each party and self-represented litigant must appear personally or, if permitted under rule 3.670, by telephone, must be familiar with the case, and must be prepared to discuss and commit to the party’s position on the issues listed in (5)-(6) below. At the initial conference, the court must review the case comprehensively and decide whether to assign the case to an alternative dispute resolution process, whether to set the case for trial, and the other matters stated in this rule. The initial case management conference should generally be the first case management event conducted by court order in each case, except for orders to show cause. (b) Case management order without appearance. If, based on its review of the written submissions of the parties and such other information as is available, the court determines that appearances at the conference are not necessary, the court may issue a case management order and notify the parties that no appearance is required. (3) Special order or request for a case management conference. The court on its own motion may order, or a party or parties may request, that a case management conference be held at any time. (4) Arbitration determination. The court at the case management conference or review will determine if the case is suitable for judicial arbitration pursuant to Code of Civil Procedure section 1141.11(b). (5) Subjects to be considered at the case management conference. In any case management conference or review under this rule, the parties must address, if applicable, and the court may take appropriate action with respect to, the following: (a) Whether there are any related cases; (b) Whether all parties named in the complaint or cross-complaint have been served, have appeared, or have been dismissed; (c) Whether any additional parties may be added or the pleadings may be amended; (d) Whether, if the case is a limited civil case, the economic litigation procedures under Code of Civil Procedure section 90 et seq. will apply to it or the party intends to bring a motion to exempt the case from these procedures; (e) Whether any other matters (e.g. the bankruptcy of a party) may affect the court’s jurisdiction or processing of the case; (f) Whether the parties have stipulated to, or the case should be referred to, judicial arbitration or any other form of Alternative Dispute Resolution (ADR) and, if so, the date by which the ADR must be completed; (g) Whether an early settlement conference should be scheduled and, if so, on what date; (h) Whether discovery has been completed and, if not, the date by which it will be completed; disclosing all who have been deposed; all who are to be deposed, when and where they are to be deposed, and the reason why each person is being deposed. (i) What discovery issues are anticipated; (j) Whether the case should be bifurcated or a hearing should be set for a motion to bifurcate under Code of Civil Procedure, section 598; (k) Whether there are any Cross-Complaints that are not ready to be set for trial and, if so, whether they should be severed; (l) Whether the case is entitled to any statutory preference and, if so, the statute granting the preference; (m) Whether a jury trial is demanded, and, if so, the identity of each party requesting a jury trial; (n) The date by which the case will be ready for trial; (o) The estimated length of trial; (p) The nature of the injuries; (q) The amount of damages, including any special or punitive damages; (r) Any additional relief sought; (s) Whether there are any insurance coverage issues that may affect the resolution of the case; and (t) Any other matters that should be considered by the court or addressed in its case management order. (6) Meet-and-confer requirement. Unless the court orders another time period, no later than 30 days before the date set for the case management conference, the parties must meet and confer, in person or by telephone, to consider each of the issues identified in (5) and, in addition, to consider the following: (a) Resolving any discovery disputes and setting a discovery schedule; (b) Identifying and, if possible, informally resolving any anticipated motions; (c) Identifying the facts and issues in the case that are uncontested and may be the subject of stipulation; (d) Identifying the facts and issues in the case that are in dispute; (e) Determining whether the issues in the case can be narrowed by eliminating any claims or defenses by means of a motion or otherwise; (f) Whether there will be an independent medical exam and, if so, the date the parties expect to schedule the same; (g) The nature of experts who are anticipated to be used at trial. (7) Case Management Statement. (a) Timing of statement. No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. (b) Contents of statement. Parties must use the mandatory CM-110, Case Management Statement form. All applicable items on the form must be completed. In lieu of each party filing a separate case management statement, any two or more parties may file a joint statement under this rule. (c) Description of case. Parties shall provide a statement of the case, including any damages, with sufficient detail and specificity. The claims and causes of action must be clearly identified and adequately described. The nature and amount of damages must be clearly identified and adequately described, to include the specific injury and specific dollar amount if monetary damages are sought. Indicating “nature and amount of damages to be determined” or other non-specific statements regarding damages will be deemed insufficient and non-compliant with this local rule. (d) Discovery. Parties must indicate whether or not all discovery has been completed. If all discovery has not been completed, parties shall describe in substantial detail: (1) the identity of the party with incomplete discovery; (2) the description of the incomplete discovery; and (3) the specific dates by which the incomplete discovery will be completed. Indicating “pursuant to code” or other non-specific statements regarding the date by which incomplete discovery will be completed will be deemed insufficient and non-compliant with this local rule. (8) Stipulation to Alternative Dispute Resolution (ADR). If all parties agree to use an ADR process, they must jointly complete the ADR stipulation form provided for under California Rules of Court 3.221 and file it with the court. (9) Case management order. The case management conference must be conducted in the manner provided by local rule. The court will enter a case management order setting a schedule for subsequent proceedings and otherwise providing for the management of the case. The order should include such provisions as may be appropriate, including: (a) Referral of the case to judicial arbitration or some other form of alternative dispute resolution; (b) A date for completion of the arbitration process or other form of alternative dispute resolution process if the case has been referred to such a process; (c) Whether all parties necessary to the disposition of the case have been served or have appeared; (d) The dismissal or severance of parties not served or not appearing in the action; (e) The names and addresses of the attorneys who will try the case; (f) The date, time, and place for a mandatory settlement conference; (g) The date, time, and place for a final case management conference before trial if such a conference is required by the court or the judge assigned to the case; (h) The date, time, and place of any further case management conferences or review; and (i) Any additional orders that may be appropriate, including orders on matters listed in (5) and (6). (10) Case management order controls. The order issued after the case management conference or review controls the subsequent course of the action or proceeding unless it is modified by a subsequent order. G. Further Case Management Conference. After the first case management conference, the court will normally set one or a series of further case management conferences, for each of which the parties have the same duties as with the first (service and filing of a case management statement and appearance of the party or trial counsel). The parties will be expected to have completed the discovery identified in the order from the first case management conference within the time limits set for the same in the order. H. At-Issue Memorandum Abolished. No At-Issue Memorandum shall be filed by the clerk of the court in any case subject to this rule. Requests for trial shall be made on the case management statement together with request for court reporter services. I. Responsibility of Case Management Judge. The responsibility of the case management judge is to achieve a just and effective processing of each subject case through active management and supervision of the pace of litigation from the date of filing to disposition. J. STIPULATIONS FOR RELIEF FROM RULES PROHIBITED. The parties to an action subject to these rules shall not enter a stipulation that purports to relieve any or all parties from the operation of these rules. Any request for relief from any part of these rules shall be on noticed motion to the appropriate law and motion calendar judge (not to the case management judge.) K. Plaintiff/Cross-Complainant must file a dismissal within 45 days of settlement of the Complaint/Cross-Complaint. If the Plaintiff/Cross-Complainant fails to do so the court will dismiss the case unless good cause is shown why the case should not be dismissed (Rule of Court 3.1385(b)). L. Failure to follow any of the foregoing Delay Reduction Program/Case Management Program Rules may result in an order to show cause why sanctions should not be imposed pursuant to Rule of Court 2.30. Similarly, failure to follow any aspect of a case management order, including but not limited to discovery schedules, may result in an order to show cause why sanctions should not be imposed pursuant to Code of Civil Procedure section 177.5 and/or California Rules of Court 2.30. M. SANCTIONS FOR DELAY IN PROSECUTING AN ACTION. The court may on its own motion or on a motion for defendant issue sanctions of dismissal under California Rules of Court 3.1340 or impose other less severe sanctions as otherwise provided by law that the court deems appropriate for a delay in prosecution, if the action has not been brought to trial or conditional settlement within two years after the action was commenced against Defendant. (Effective 7/1/99, as amended 1/1/13, 7/1/19)