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Chapter 7 (Rules 7.00 to 7.23): the law and motion rules of the California Rules of Court and their mandatory time requirements (Rules 3.1300, 3.1306, 3.1320, 3.1326, 3.1176, 3.1150, and 3.1342) (Rule 7.00); demurrers stating the filing date of the pleading attacked (Rule 7.01); hearing dates assigned by the Clerk's Office, notice by the moving party and proof of service filed at least five (5) court days before the hearing (Rule 7.05.1); continuances (local form CV008) and withdrawal of motions (local form CV009), with restoration only on noticed motion (Rules 7.06 and 7.07); evidence by declaration (Rule 7.08); tentative rulings at the assigned judge's discretion under rule 3.1308(a)(2) (Rule 7.11.1); ex parte applications served by 10:00 a.m. and filed by 2:00 p.m. on the day preceding the hearing (Rule 7.12); CourtCall telephonic appearances (Rule 7.13); sanctions (Rule 7.15); administrative mandamus records (Rule 7.16); no regular reporting of law and motion hearings (Rule 7.17); default settings (Rule 7.18); orders after hearing (Rule 7.19); proposed orders with name change and civil harassment petitions (Rule 7.21); and the labels “Discovery – No Initial Responses” and “Discovery – Other” on discovery motions (Rule 7.23).
California > Second Appellate District > San Luis Obispo County > Superior Court of California, County of San Luis Obispo
CHAPTER 7 – CIVIL (LAW AND MOTION) HEARINGS PROCEDURES RULE 7.00 CALIFORNIA RULES OF COURT The provisions of California Rules of Court, are expressly applicable to law and motion practice in the Superior Court of California, County of San Luis Obispo. Particular attention should be paid to the mandatory time requirements of Rules 3.1300, 3.1306, 3.1320, 3.1326, 3.1176, 3.1150, and 3.1342. (Amended 1/1/08) RULE 7.01 DEMURRER/MOTION TO STRIKE On the first page, immediately below the case number, and after the information required by California Rules of Court, rule 3.1320(e), the demurrer must state the date of filing of the pleading to which it is directed. Rule 7.01 amended effective January 1, 2024; effective prior to January 1, 1992. RULE 7.02 FILING PAPERS Failure to comply with California Rules of Court, rule 3.1110(b) may result in the paper reaching Legal Research too late for consideration. Rule 7.02 amended effective January 1, 2024; previously amended January 1, 2008. RULE 7.03 POINTS AND AUTHORITIES [REPEALED] Rule 7.03 repealed effective July 18, 2023; amended effective January 1, 2008. RULE 7.04 HANDLING AND RETURN OF EXHIBITS Depositions and exhibit packages will be received and retained without filing by the clerk of the court. Counsel submitting such documents must indicate in the caption or on the face page if they are to be returned or in the alternative destroyed when the motion has been resolved. Counsel submitting such documents must include a postage prepaid self-addressed envelope with which to return the exhibits. After resolution of the motion, all exhibits so retained must be returned by the clerk to the party submitting them or destroyed if a postage prepaid self-addressed envelope was not provided. If the motion was resolved after opposition, the clerk must hold the documents for the applicable period within which a party may request review of the court's ruling, not to exceed sixty-one (61) days. If review is sought, the clerk must further retain such documents until the review process has concluded. Any party to the motion proceeding may orally move the court at time of the hearing to file the exhibits, or any of them, and, upon a showing of good cause, such motion will be granted. Rule 7.04 amended effective January 1, 2024; previously amended July 1, 2002. RULE 7.05 INCOMPLETE MOTIONS [REPEALED] Rule 7.05 repealed effective July 18, 2023; amended effective January 1, 2008. RULE 7.05.1 ASSIGNMENT OF HEARING DATES AND DUTY TO GIVE NOTICE (a) When a motion is filed, the Clerk’s Office will assign all motion hearing dates. After the Clerk’s Office has assigned the motion for hearing, the moving party shall provide notice of the hearing date, time and location to all interested parties. The moving party shall file proof of service of the motion at least five (5) court days prior to the date set for the hearing. Failure to file proof of service of the motion with the assigned hearing information shall result in a continuance of the motion. (b) The Clerk’s Office will accept reservations only for the following motions: (1) ex parte applications; (2) motions pursuant to Code of Civil Procedure section 128.5; and (3) motions pursuant to Code of Civil Procedure section 128.7. Rule 7.05.1 amended effective January 1, 2026; adopted effective January 1, 2024. RULE 7.06 REQUESTS TO CONTINUE MOTION HEARING DATES (a) Continuance Requests Before Service of the Motion If a moving party is unable to appear on the assigned hearing date and has not yet served the motion, the moving party may obtain a new hearing date by submitting a Request & Order to Continue Motion (local form CV008). (b) Continuance Requests After Service of the Motion Any requests to continue law and motion matters after service of a motion, may be made in any manner provided by law, e.g., by stipulation or ex parte application. After a motion has been served, the Clerk’s Office is not authorized to continue a matter without a Court order. Any requests to continue matters after service of a motion must be made at the earliest possible opportunity, no later than two (2) court days before the hearing. (c) Required Fee Requests to continue motions set on the law and motion calendar should be directed to the Clerk’s Office with the appropriate fee unless the filing party has a fee waiver on file. (Subd (a) amended effective January 1, 2024.) (Subd (b) amended effective January 1, 2024.) (Subd (c) amended effective January 1, 2024.) (Subd (d) repealed effective January 1, 2024.) Rule 7.06 amended effective January 1, 2024. RULE 7.07 WITHDRAWING MOTIONS FROM AND RESTORATION OF MOTIONS TO THE LAW AND MOTION CALENDAR A law and motion matter that has gone off calendar may be restored thereto only upon noticed motion except in an extraordinary situation to be determined by the court in its discretion. (a) Withdrawing Motions From The Law And Motion Calendar To withdraw a motion from the Court’s law and motion calendar, the moving party shall file a Request to Withdraw Motion (local form CV009). Only the moving party may request to withdraw a motion. Requests to withdraw a motion from the law and motion calendar should be directed to the Clerk’s Office. (b) Timing of Request to Withdraw a Motion Requests to withdraw motions from the calendar must be made at the earliest possible opportunity, no later than two (2) court days before the hearing. Requests to withdraw motions from the law and motion calendar cannot be made after a tentative ruling has been issued. (c) Restoring a Motion to The Law And Motion Calendar A law and motion matter which was withdrawn by the moving party, or taken off calendar by the Court, may be restored to the law and motion calendar only by written notice served in compliance with Code of Civil Procedure section 1005 or as determined by the Court in its discretion. (Subd (a) adopted effective January 1, 2024.) (Subd (b) adopted effective January 1, 2024.) (Subd (c) adopted effective January 1, 2024.) Rule 7.07 amended effective January 1, 2024; effective prior to July 1, 1992. RULE 7.08 EVIDENCE All evidence in a law and motion matter must be presented by verified pleadings, affidavits, and declarations unless the court, on notice and for good cause shown, shall order the taking of oral evidence; in which case, the matter may be specially set for hearing by the clerk. (See Code of Civ. Proc., § 2002; Cal. Rules of Court, rule 3.1306.) Rule 7.08 amended effective January 1, 2024; previously amended January 1, 2008. RULE 7.09 LENGTHY HEARING (Repealed 7/1/03) RULE 7.10 DISCOVERY [REPEALED] Rule 7.10 repealed effective July 18, 2023; amended effective July 1, 2002. RULE 7.11 CONSOLIDATION (Repealed 7/1/01) RULE 7.11.1 TENTATIVE RULINGS Prior to the day of the hearing, any civil department may issue a tentative ruling on any law and motion matter, in the sole discretion of the assigned judge. If a tentative ruling is issued prior to the day of the hearing it will be issued in conformance with the tentative ruling procedures set forth in California Rules of Court, rule 3.1308(a)(2). The tentative ruling, if any, will be available at the court's website no later than 4:00 PM the day prior to the hearing. This rule does not preclude posting a tentative ruling the day of the hearing pursuant to CRC Rule 3.1308(b), nor does it mandate a tentative ruling be issued on all law and motion matters. Rule 7.11.1 amended effective July 1, 2026; previously amended effective January 1, 2012, January 1, 2022. RULE 7.12 EX PARTE HEARINGS A party seeking an ex parte order shall serve the application and all supporting papers on all other parties no later than 10:00 a.m. on the day preceding the hearing, unless good cause exists for non-service of notice. In addition, the application and all supporting papers shall be filed, together with applicable filing fees, by no later than 2:00 p.m. on the day preceding the hearing. (Amended 7/1/14) RULE 7.13 TELEPHONIC APPEARANCES (a) Program Overview (1) The CourtCall Telephonic Appearance Program (“CourtCall”) organizes a procedure for telephonic appearance by attorneys as a reasonable alternative to personal appearances in appropriate cases and situations. CourtCall is fully voluntary and no attorney is required to utilize CourtCall. Rather, CourtCall is available at a reasonable fixed fee to use when circumstances are appropriate. (2) Designated courts conduct hearings on calendar in the usual manner, with the only difference being that hearing order preference is given to cases with CourtCall Appearances, unless the court exercises its discretion to call cases in a different order. (3) Hearings are conducted in open court or in private as the Court may designate. All attorneys making CourtCall Appearances call a designated toll free teleconference number a few minutes before the calendar is scheduled, to check in with the clerk. Attorneys remain on the court’s speaker phone-telephone line and hear the same business that those present in the court may be hearing. Attorneys not participating telephonically appear in person. The court calls cases for hearing. All attorneys on a case participate in the hearing. All present in the courtroom hear the discourse of those making CourtCall Appearances. (4) CourtCall Appearances are scheduled, in writing, in advance, by counsel serving on all other counsel and pro-se parties and delivering (via fax, mail, or personal delivery) to CourtCall, LLC, not less than five (5) court days prior to the hearing date, a Request for CourtCall Appearance form and by paying the stated fee for each CourtCall appearance. (b) Participation in CourtCall Appearances (1) Courts (a) Judges and Commissioners may volunteer to participate in CourtCall. Each participating court must give calendar hearing order preference to cases which include attorneys making CourtCall appearances, except under unusual circumstances as determined by the court. (b) Subject to the court’s right to amend this list, the following matters are currently deemed unsuitable for CourtCall appearances. (1) Judgment Debtor Examinations; (2) Mandatory Settlement Conferences; (3) Hearings at which oral testimony may be presented; (4) Hearings in which oral argument is anticipated to exceed 15 minutes. (c) The court reserves the right, at any time, to reject any Request for CourtCall appearance. When the court rejects a request, it must order a refund of deposited telephonic appearances fees and notify CourtCall, LLC. (d) The court shall also reserve the right to halt the telephonic hearing on any matter and order the attorneys to personally appear at a later date and time, in which case no refund is permitted. (e) If a matter is continued prior to the actual hearing date the prior filing of a Request for CourtCall appearance form must remain valid for the continued date of the hearing. (f) Existing rules and procedures regarding the making of the record by a court reporter or electronic device or obtaining a transcript after the hearing must apply to hearings at which CourtCall appearances are made. No recordings may be made or telephonic appearances except in compliance with California Rule of Court 1.150. (2) Attorneys (a) Attorneys electing to make a CourtCall appearance must serve on all other parties in the case the Request for CourtCall appearance form, fax a copy of the form to CourtCall, LLC and pay the CourtCall appearance fee in the method prescribed, not less than five court days before the hearing date.When the Request for CourtCall appearance is made at the same time as the filing of the hearing document or response, in addition to the Request for CourtCall appearance form, the words “CourtCall Appearance Requested” must be printed below the department, date, and time of the hearing on the first page of the papers filed with the court. (c) Appearance Procedure (1) An attorney making a CourtCall appearance must: (a) Eliminate to the greatest extent possible all ambient noise from the attorney’s location; (b) Be required, during the attorney’s appearance, to speak directly into the telephone handset; (c) Not call in with cellular or cordless telephone devices or through a personal computer. (2) An attorney making a CourtCall appearance must call the court’s designated toll free teleconference line approximately 5 minutes prior to the scheduled hearing time and check in with the clerk. An attorney calling after the check-in period must be considered to be late for the hearing and must be treated by the Court in the same manner as if the attorney had personally appeared late for the hearing. (3) An attorney appearing telephonically must state his or her name for the record each time the attorney speaks and must participate in the appearance with the same degree of courtesy and courtroom etiquette as is required for a personal appearance. An attorney must not utilize the “hold” button, as it is not within the policy of the Court to wait for an attorney to rejoin the line. (Amended 7/1/03) RULE 7.14 SUMMARY JUDGMENT/SUMMARY ADJUDICATION OF ISSUES (Repealed 7/1/01; See CRC 3.1350) RULE 7.15 FAILURE TO COMPLY WITH CHAPTER 7 RULES Pursuant to the provision of California Code of Civil Procedure Section 575.2 and the rule making authority of this court, in the event that any attorney, or any party represented by counsel or any party appearing in propria persona fails to comply with any of the requirements of Chapter 7 or any order made pursuant to the rules set forth therein, the court may, upon motion of another party or upon its own motion, do any one or more of the following: (a) Strike out all or any part of any pleading of that party; (b) Dismiss the action or proceeding or any part thereof; (c) Enter a judgment by default against that party; (d) Impose other penalties of a lesser nature as otherwise provided by law; (e) Order attorney fees and/or costs incurred by other parties unnecessarily as a result of the failure of the party or his or her attorney to comply with these rules to be paid by the party and or his or her attorney; (f) Order that party or his or her attorney to pay the moving party the reasonable expenses in making the motion, including reasonable attorney fees; (g) Order that party or his or her attorney to pay to the court the reasonable expenses of the court; and (h) No penalty will be imposed without prior notice to and opportunity to be heard by the party against whom the penalty is sought to be imposed. (Amended 7/1/03) RULE 7.16 ADMINISTRATIVE MANDAMUS PROCEDURES Unless the administrative record is lodged in compliance with California Rules of Court, rule 3.1140, the scheduled hearing in a case brought under Code of Civil Procedure, section 1094.5, will be ordered off calendar. The pages of the administrative record must be numbered consecutively. Any references to the administrative record in either the supporting or opposing points and authorities must include an appropriate reference to a specific page or pages of the record. (Amended 7/1/02) RULE 7.17 REPORTING OF PROCEEDINGS The court does not provide for regular reporting of hearings on motions on the civil law and motion calendar. (Amended 7/1/17)) RULE 7.18 DEFAULT SETTINGS When a default hearing is required for judgment, such as where service is by publication or attorneys’ fees are sought pursuant to contract, such hearing must be requested using the local form, CVDF010. (Amended 7/1/03) RULE 7.19 ORDERS AFTER HEARING Except as noted in Rules 7.9 and 7.12, all orders must be submitted to the civil division, Room 385, after the hearing. The date, time and department must be in the caption of the order. Orders must be in compliance with the California Rules of Court, Rule 3.1312. The judge's name must appear below the signature line and at least two lines of text must be on the signature page. (Amended 1/1/08) RULE 7.20 NOTICE OF RULING [REPEALED] Rule 7.20 repealed effective July 18, 2023; amended effective July 1, 2002. RULE 7.21 PETITIONS FOR CHANGE OF NAME AND FOR CIVIL HARASSMENT The Court requests that parties seeking restraining orders or court-ordered name changes provide completed proposed orders after hearing at the time of filing their petitions. (Eff. 1/1/08) RULE 7.22 RESERVATIONS [REPEALED] Rule 7.22 repealed effective July 18, 2023; amended effective July 1, 2023; adopted effective January 1, 2011. RULE 7.23 DISCOVERY MOTIONS Any discovery motion filed pursuant to Code of Civil Procedure sections 2030.290, 2031.300, or 2033.280, must be labeled “Discovery – No Initial Responses.” All other discovery motions must be labeled “Discovery – Other.” The appropriate label must be included on the first page, below the information required by California Rules of Court, rule 3.1110(b). Rule 7.23 adopted effective January 1, 2024.
CHAPTER 7 – CIVIL (LAW AND MOTION) HEARINGS PROCEDURES RULE 7.00 CALIFORNIA RULES OF COURT The provisions of California Rules of Court, are expressly applicable to law and motion practice in the Superior Court of California, County of San Luis Obispo. Particular attention should be paid to the mandatory time requirements of Rules 3.1300, 3.1306, 3.1320, 3.1326, 3.1176, 3.1150, and 3.1342. (Amended
Reviewer note: Composed 2026-10-08 (California T4 San Luis Obispo build 2026-10-08) from BenchPath custody ca/t4/ca-san-luis-obispo/docs/local-rules/local-rules-be-effective-july-1-2026.pdf (the court's rule book, “Rules of the Superior Court of California, County of San Luis Obispo, Effective July 1, 2026”, as fetched 2026-10-08; 1342001 bytes, sha256 529d32bded120bc75a274269fb81bc94001fed283619190951cbc84909e80ffe; 144 pages) with the shared verbatim composer (v2 reflow) over the rule body (PDF pages 11 to 130, printed 1 to 120): each page's running header (“San Luis Obispo Superior Court”) and printed page number removed as chrome; lines reflowed into the rules' paragraphs; the one struck word in the book (Rule 11.1902(c), read on the page image) set aside as chrome with the composer's strike_out, so the card reads the rule as amended; the body cut at the chapter headings (“CHAPTER N –”), which reassemble it; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, Appendix I (the schedule of fees), Appendix II (the local forms lists) and the index belong to no chapter; Chapters 6, 8, 20, 21, 22, 23, 24 and 29 print only repealed rules and have no card; the book has no Chapter 17. Review note: Published as printed: Rule 7.19 refers to “Rules 7.9 and 7.12”.
3 verbatim requirements on motion calendar in JEREMY I. FRANKER's division.
4 verbatim requirements on motion calendar in STEPHANIE MATALON's division.