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Division III: the law and motion rules (form of papers, points and authorities, declarations and judicial notice, Rules 3.3 to 3.6; hearings, Rules 3.7 to 3.12, including tentative rulings on the calendar of the Presiding Judge by telephone at (650) 261-5019 after 3:00 p.m. and notice of intent to appear by 4:00 p.m.; motions after trial, motions to reconsider and ex parte applications and orders, Rules 3.17 to 3.19, the Presiding Judge's ex partes at 2:00 p.m. Monday through Friday); the Direct Calendar Civil Departments rules (Rule 3.100): single assignment of civil cases (Rule 3.200); complex case designations (Rule 3.300); civil law and motion - matters not heard, scheduling, tentative rulings, off calendar and continuances (Rules 3.400 to 3.404); ex parte applications in general civil, two days per week at 1:30 p.m. before the assigned Civil Judge (Rule 3.500); correspondence with civil departments (Rule 3.600); informal discovery conferences (Rule 3.700); case management (Rules 3.800 to 3.805); appropriate dispute resolution (Rules 3.900 to 3.905); the post-ADR case management and trial setting conference (Rule 3.1000); mandatory settlement conferences (Rule 3.1100); unlawful detainer actions (Rules 3.1200 to 3.1205); collections cases (Rules 3.1300 to 3.1303); orders of examination (Rule 3.1400); and remote appearances (Rule 3.1500). Rules 3.1, 3.2.1, 3.2.2, 3.9, 3.11 and 3.13 to 3.16 are repealed.
California > First Appellate District > San Mateo County > Superior Court of California, County of San Mateo
DIVISION III DIRECT CALENDAR CIVIL DEPARTMENTS ASSIGNMENT, CASE MANAGEMENT, AND LAW AND MOTION SUPERIOR COURT Rule 3.1 Application REPEALED (Adopted, effective, January 1, 2000) (Amended, effective January 1, 2020) (Repealed, effective January 1, 2021) Rule 3.2.1 Law and Motion Calendar Matters REPEALED (Adopted, effective January 1, 2000)(Amended, effective July 1, 2015) (Amended, effective January 1, 2020) (Repealed, effective January 1, 2021) Rule 3.2.2 Law and Motion Hearings REPEALED (Adopted, effective January 1, 2020) (Repealed, effective January 1, 2021) Rule 3.3 Form of Papers Reference CRC, rules 2.100-2.119, 3.1110. Pursuant to CRC Rule 2.256(b)(3), all electronically filed documents (other than exhibits) must be text searchable. Pursuant to CRC Rule 3.1110(f)(4), exhibits to any electronically filed briefs, declarations or other documents must be electronically “bookmarked”. Failure to bookmark exhibits to electronically filed documents may result in rejection of the party’s e-filing by the Clerk of the Court or in continuance of the hearing by the Court on the related motion. (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007) (Amended, effective January 1, 2020) Rule 3.4 Points and Authorities Reference CRC, rule 3.1113. (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007) Rule 3.5 Declarations and Affidavits Reference CRC, rule 3.1115(a) and CCP '2015.5. (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007) Rule 3.6 Judicial Notice Reference CRC, rule 3.1306 (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007) HEARINGS 3.7 Notice of Hearing and Filing of Papers Reference CRC, rules 3.1300, 3.1302, CCP §§ 1005, 1005.5, 1010, et seq., 1011 and 1014 (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)(Amended, effective July 1, 2008) 3.8 List of Parties Reference CRC, rule 3.254 (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007) 3.9 Continuances and Taking Matters Off Calendar REPEALED (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007) (Amended, effective July 1, 2018) (Amended, effective January 1, 2020) (Repealed, effective January 1, 2021) 3.10 Tentative Rulings on Calendar of the Presiding Judge (a) Reference California Rules of Court, rule 3.1308 (b) Availability. A tentative ruling on any law and motion matter on the Calendar of the Presiding Judge may be obtained by telephoning (650) 261-5019, after 3:00 p.m. on the first court day immediately preceding the hearing on the motion or by accessing the Court’s website at www.sanmateo.courts.ca.gov (c) Notice of Intent to Appear. Reference California Rules of Court, rule 3.1308(a)(1). (i) Parties intending to appear on any law and motion matter on the Calendar of the Presiding Judge shall notify the Department of the Presiding Judge and state their intent to appear. Parties shall follow the instructions as directed on the telephone Tentative Ruling notification message or on the Court’s website. (ii) A party intending to appear in order to contest the tentative ruling on a matter calendared for hearing in the Department of the Presiding Judge must notify that department by 4:00 p.m. on the court day before the hearing either by (i) telephoning (650) 261-5019, or (ii) emailing PJLawAndMotion@sanmateocourt.org with the email contemporaneously copied to all parties or their counsel of record. If by email, it must include the name of the case, the case number, and the name of the party contesting the tentative ruling. (Adopted, effective July 1, 2000) (Amended, effective January 1, 2007) (Amended, effective July 1, 2007)(Amended, effective January 1, 2014) (Amended, effective January 1, 2020) (Amended effective January 1, 2021) (Amended, effective July 1, 2021). 3.11 Opposition on Ground of Unavailability of Evidence REPEALED (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2021) 3.12 Evidence at Hearing Reference CRC, rule 3.1306. (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007). 3.13 CourtCall Telephonic Appearances REPEALED (Adopted, effective January 1, 2000) (Amended, July 1, 2005) (Amended, effective January 1, 2007) (Amended, effective January 1, 2008) (Repealed, effective January 1, 2021) PARTICULAR PROCEEDINGS 3.14 Motions for Summary Judgment and Summary Adjudication REPEALED (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007) (Repealed, effective January 1, 2021) 3.15 Unlawful detainers REPEALED (Adopted, effective January 1, 2000). (Amended, effective January 1, 2013) (Amended, effective January 1, 2015) (Repealed, effective January 1, 2021) 3.16 Motions to Continue Arbitration REPEALED (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007) (Repealed, effective January 1, 2021) Rule 3.17 Motions After Trial All motions after trial until judgment is final shall be heard in the department where the case was tried, at a date and time designated by the judge of that department. The judge who presided at the trial shall hear all post-trial motions, including but not limited to motion for new trial, motion to vacate the judgment, motion for judgment notwithstanding the verdict, motion for award of attorneys’ fees, or motion to tax costs, but not writs or motions regarding enforcement of judgment pursuant to CCP Sections 680.010 – 724.260. Counsel should contact the trial judge’s department directly to schedule a hearing on any post-trial motions. (Adopted, effective July 1, 1996) (Amended, effective January 1, 2020) Rule 3.18 Motions to Reconsider Reference CCP 1008. (Adopted, effective July 1, 1996) (Amended, effective January 1, 2000) 3.19 Ex Parte Applications and Orders (A.) Reference CRC Rules 3.1200-3.1207 and 2.306. (B.) Time and Place. Ex parte applications for all matters to be heard by the Presiding Judge, as set forth in Local Rule 3.401(b), and any petitions for Civil Harassment or Workplace Violence Temporary Restraining Orders pursuant to CCP Sections 527.6 or 527.8, shall be submitted and heard at 2:00 p.m. Monday through Friday in the Department of the Presiding Judge. Except for ex parte applications seeking Civil Harassment or Workplace Violence Temporary Restraining Orders, or where the ex parte applicant has previously been granted a fee waiver, the applicant shall pay the ex parte application filing fee to the Clerk of the Court, located in Room A on the first floor of the Hall of Justice in Redwood City, prior to presenting the ex parte application to the Presiding Judge. Ex parte applications and proof of payment must be received directly by the courtroom clerk for the Department of the Presiding Judge no later than 2:15 p.m. on the date of the ex parte hearing. C.) Notice. Reference CRC Rule 2.306. D.) Filing. Ex parte applications, ex parte oppositions, and all other ex parte filings must be submitted and filed in paper form, and cannot be electronically filed. E. Personal Appearance. Ex parte applicants must appear in person, subject to the exceptions set forth in CRC Rule 3.1207, as ex parte telephone appearances cannot be accommodated at the present time. (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007). (Amended, effective January 1, 2019) (Amended, effective January 1, 2020) (Amended effective January 1, 2021) (Amended, effective July 1, 2021). DIRECT CALENDAR CIVIL DEPARTMENTS Rule 3.100 Application Unless otherwise stated, these Direct Calendar Civil Departments Local Rules apply to all general civil cases and all unlawful detainer actions. (Adopted, effective January 1, 2021). ASSIGNMENT OF CIVIL CASES Rule 3.200 Single Assignment of Civil Cases (a) All Purposes Civil Judges. All general civil cases as defined by Rule 1.6(4) of the California Rules of Court (including complex cases), and all unlawful detainer actions pursuant to Code of Civil Procedure Section 1159 et seq., will be randomly assigned to a single Civil Judge for all purposes at the time of filing of the action. At least five (5) active judges will be assigned by the Presiding Judge to serve as all-purposes single-assigned Civil Judges; and one (1) commissioner will be assigned by the Presiding Judge to serve as a Civil Commissioner. (b) Single Assignment of CEQA Actions. If a petition for writ of mandate or complaint includes claims under CEQA (Public Resources Code section 21000 et seq.), the case will be assigned to a civil Judge designated to hear CEQA actions pursuant to Public Resources Code Section 21167.1. Plaintiff/Petitioner shall identify the petition or complaint as being filed pursuant to “CEQA” on the face of the petition or complaint. (Existing Local Rule 2.1.3.) (Adopted, effective January 1, 2021). Rule 3.300 Complex Case Designations (a) Civil Cases Automatically Deemed Complex. Recognizing that certain civil cases are defined as provisionally complex pursuant to California Rules of Court, Rule 3.400(c), considering the factors which make a case complex enumerated in CRC Rule 3.400(b), and consistent with the policy to determine as soon as reasonably practicable whether a case is complex under CRC Rule 3.403, the following case types are presumed to be complex and shall be automatically deemed a “complex case”: (1) All general civil cases designated as a “class action” on the Civil Case Cover Sheet (form CM-010) per CRC Rule 3.401, or on the caption of the complaint as required by CRC Rule 3.761(a); (2) All general civil cases alleging a claim under the Private Attorneys General Act (PAGA), Labor Code Section 2698 et seq., as a representative of aggrieved employees; (3) All general civil cases identified as “provisionally complex civil litigation” on the Civil Case Cover Sheet (form CM-010); (4) All Construction Defect cases, including all general civil cases seeking recovery of damages arising out of or related to deficiencies in the construction, design, specifications, surveying, planning, supervision, testing or observation of construction of a private or public residence or commercial building; and including all general civil cases seeking payment under contract for services of a general contractor, subcontractor, architect or designing, where a cross-complaint is filed alleging claims for deficiencies in the construction, design, specifications, surveying, planning, supervision, testing or observation of construction of a private or public residence or commercial building. (5) All Judicial Council Coordination Proceedings. (See CRC Rules 3.501 et seq. and 3.712(c),) (6) Shareholder derivative actions, and LLC member derivative actions. (See CRC Rule 3.400(c)(3).) Accordingly, no hearing or further order is required under CRC Rule 3.403 for determination of that case as complex, except as provided in subsection (c) herein. (b) Complex Fees Due Upon Initial Filing. Pursuant to Government Code Section 70616(a) and (b), the complex case fee and the first appearance fee must be paid at the time of the filing of the first paper by plaintiff and by defendant in a provisionally complex civil case. (c) Determination of Contested Complex Designation. If the plaintiff has not designated the civil case as provisionally complex or as a class action on the Civil Case Cover Sheet, and a defendant files a Civil Case Cover Sheet counter-designating the action as complex (under CRC Rule 3.402(b)), or if the plaintiff has designated the case as provisionally complex or as a class action on the Civil Case Cover Sheet and a defendant files a Civil Case Cover Sheet counter-designating the action as not a complex case (under CRC Rule. 3.402(a)), the case will be set for complex determination within 30 days on the calendar of the Civil Supervising Judge. (d) Mandatory E-Service. Pursuant to Code of Civil Procedure Section 1010.6(c), and California Rules of Court, Rule 2.253(c) and Rule 2.251(c), all parties and their counsel in complex civil cases shall serve all documents electronically, and accept service of documents electronically from all other parties, in conformity with Code of Civil Procedure Section 1010.6 and the California Rules of Court, except when personal service is required by statute. Counsel for the parties shall meet and confer, agree upon, and keep updated, an e-service list for that complex civil action. The parties are reminded that electronic service of documents may extend time periods for response by two (2) court days, pursuant to Code of Civil Procedure Section 1010.6(a)(4)(B). (e) Mandatory E-Service of Discovery. All discovery methods (C.C.P. § 2019.010), including but not limited to notice of deposition, special interrogatories, form interrogatories, requests for production of documents, and requests for admissions, shall be served electronically upon counsel for the parties. All discovery responses by a party in response to a discovery method by another party shall be served electronically upon counsel for the parties. Production of documents shall be provided in electronic form, unless the parties agree otherwise in writing. If not previously established, counsel for the parties shall meet and confer regarding possible establishment of a joint electronic document depository for the uploading and downloading of electronic document productions. (Adopted, effective January 1, 2021) (Amended effective January 1, 2022). CIVIL LAW & MOTION CALENDAR Rule 3.400 Law and Motion in Single Assigned Civil Cases. All Law and Motion matters in all general civil cases as defined by Rule 1.6(4) of the California Rules of Court are heard by the Civil Judge assigned to that civil case. (Adopted, effective January 1, 2021) (Amended, effective July 1, 2023). Rule 3.401 Matters Not Heard in Civil Law and Motion Calendar. To be clear, the following matters are not single assigned to any Civil Judge for determination: (a) Post-Trial Motions. All post-trial motions shall be heard by the judge or commissioner who presided over the trial in that civil action. (b) Matters on Presiding Judge’s Calendar. The following Law & Motion matters and ex parte applications should be scheduled on the Presiding Judge’s Calendar, to be determined by the Presiding Judge or other designated judicial officer: (i) Petitions for name change; (ii) Petitions for gender change: (iii) Vexatious litigant motions pursuant to C.C.P. Sections 391-391.8; (iv) Petitions for Civil Harassment or Workplace Violence Temporary Restraining Orders pursuant to C.C.P. Section 527.6 or 527.8, and CRC Rules 3.1160-3.1161; (v) Gun violence restraining orders and emergency protective orders; (vi) Petitions for prohibition of firearms; and (vii) Original petitions for minor’s compromise (not part of an existing civil case). (c) Matters on Probate Calendar. The following Law & Motion matters and ex parte applications should be scheduled on the calendar of the Probate Department, to be determined by the Probate Judge or other designated judicial officer: (i) All matters identified in Local Rule 4.1; and (ii) All Lanterman-Petris-Short Act conservatorship proceedings. (Adopted, effective January 1, 2021) (Amended, effective July 1, 2021). Rule 3.402 Scheduling Civil Law and Motion Hearings To calendar a date and time for the hearing of any motion in a general civil action or unlawful detainer action assigned to a Civil Judge, the requesting party shall consult the assigned Civil Department’s Law & Motion Calendar Availability section of the Court’s website at www.sanmateo.courts.ca.gov, and select an available date for hearing. To calendar a date and time for hearing of any motion in a civil action designated a complex case under Local Rule 3.300, the requesting party shall contact the department of the assigned Civil Judge to obtain and serve a date for hearing on a separate Complex Civil Law & Motion Calendar for that Civil Department. (Adopted, effective January 1, 2021) (Amended, effective July 1, 2021). Rule 3.403 Tentative Rulings in Civil Law and Motion (a) Posting of Tentative Rulings. Reference CRC Rule 3.1308(a)(1). Each Civil Judge will post tentative rulings for their Law & Motion Calendars on the civil cases assigned to that Civil Judge. The tentative ruling on any law and motion matter assigned to a Civil Judge may be obtained after 3:00 p.m. on the first court day immediately preceding the hearing on the motion (i) by accessing the court’s website at www.sanmateo.courts.ca.gov or (ii) by telephoning that Civil Department at the telephone number listed on the Court’s website. (b) Notice of Intent to Appear Required. Reference California Rules of Court, Rule 3.1308(a)(1). (i) A party intending to appear in order to contest the tentative ruling on a law and motion matter calendared for hearing must notify all counsel of record, self-represented parties, and the Civil Department of the Civil Judge assigned to that civil case by 4:00 p.m. on the court day before the hearing either by (A) emailing that Civil Department with that email contemporaneously copied to all parties or their counsel of record, or (B) by telephoning that Civil Department at the telephone number listed on the Court’s website. (ii) If notice is given by email, the contesting party must state in the subject line of the email the case name and case number. In the text of the email, the contesting party must state the specific motion, the party contesting, and the time estimate of counsel for oral argument by all parties. All emails must be sent in at least 12 point type. The Civil Department’s email address is for the sending and receiving of notices to contest tentative ruling, and is not a venue for back-and-forth communications with the Court. Communications to the Civil Department email address is not part of the official court files – just like a paper letter, they are not “filed” documents – and will be retained for at least 90 days and then be subject to deletion (destruction) thereafter. (iii) If there is no contest to the tentative ruling, the Court will adopt the tentative as its order. (iv) The prevailing party on a tentative ruling is required to prepare a proposed order repeating verbatim the tentative ruling. If the prevailing party submits the proposed coversheet attached to the proposed order, then the party must also submit the proposed order separately in the same envelope. If the proposed order is for a motion that the Court granted and there is a mandatory Judicial Council form order (such as a motion to withdraw as counsel), the prevailing party should complete the Judicial Council form and submit it along with a copy of the tentative ruling. (Adopted, effective January 1, 2021) (Amended, effective January 1, 2024) (Amended, effective January 1, 2025). Rule 3.404 Off Calendar or Continuance of Civil Law & Motion Matters Reference CRC Rule 3.1304 (a) Off Calendar. Any request to withdraw a motion or other matter already set for hearing on the Civil Law & Motion Calendar of a Civil Department, or to otherwise vacate a hearing, must be in writing, and can only be requested by the moving party. Any such written request to take a law and motion matter off calendar must be either by (i) filing and service of a Notice of Withdrawal of Motion, or (ii) email correspondence to the Department of the Civil Judge assigned to the civil case, with the email contemporaneously copied to all counsel of record and any self-represented parties. If by email, the moving party must include the name of the case, the case number, the particular motion and the date of the hearing, and the name of the party requesting the matter be taken off calendar. The filing and service of a Notice of Settlement or of a Dismissal as to the moving party will automatically vacate the Law & Motion hearing. (b) Continuances or Advances. Any request to change the hearing date of a law and motion matter already set for hearing on the Civil Law & Motion Calendar of a Civil Department must be in writing. Any such written request must be either by (i) stipulation and order, (ii) ex parte application and order, or (iii) joint email correspondence by all parties or their counsel of record to the email address of the Department of the Civil Judge assigned to the civil case, with email contemporaneously copied to all counsel and self-represented parties. If by email, it must include the name of the case, the case number, the particular motion and the date of the hearing, and the names of the parties requesting continuance or advance of the hearing. If a request to change a hearing date is granted, the original moving party shall immediately file and serve an Amended Notice of the motion or other matter reflecting the new hearing date. (c) Monetary Sanctions. Failure to advise the Court at least three court days before the hearing of the fact that the hearing will not proceed as scheduled, for any reason other than settlement of the case or resolution of the issue within the three-day period, may be deemed by the Court to be a violation of an order of the Court, punishable by money sanctions payable to the County Clerk of the Court pursuant to Code of Civil Procedure Section 177.5. (Adopted, effective January 1, 2021). Rule 3.500 Ex Parte Applications in General Civil (a) Ex parte applications in general civil actions are heard by the Civil Judge assigned to that civil case. The Department of each Civil Judge is available for ex parte applications two days per week at 1:30 p.m. Parties and their counsel must check the Court’s website at www.sanmateo.courts.ca.govunder the Civil Departments section for the specific days of the week when ex partes are heard by the assigned Civil Judge. The parties must meet all requirements of CRC Rule 3.1200 et seq. (b) The applicant shall pay any ex parte application filing fee due to the Clerk of the Court prior to presenting the ex parte application to the Civil Judge. See the court’s website for further information regarding payment of fees. Ex parte applications and proof of payment must be received directly by the courtroom clerk for the Department of the assigned Civil Judge no later than 15 minutes from the time set for ex parte hearings. (c) Ex parte applications, ex parte oppositions, and all other ex parte filings must be electronically filed, except that unrepresented individuals may submit and file such documents in paper form or electronically. A courtesy copy of all ex parte applications, ex parte oppositions, and all other ex parte filings must either be emailed to the department of the single assigned judge or provided in hard copy at the time of the hearing. The subject line must include the case caption and state “Ex Parte Application” or “Opposition to Ex Parte Application” along with the date and time of the hearing. Failure to present a proposed order at the time of presentation of the ex parte application will result in denial of the ex parte application. (d) Personal Appearance. Pursuant to CRC Rule 3.670(f)(2), the court may require a party to appear in person if the court determines on a hearing-by-hearing basis that a personal appearance would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case. (e) Remote Appearance. Except as ordered by the court under subdivision (d), applicants seeking an ex parte order may appear remotely provided that the moving papers, including a proposed order, have been served on all parties, and submitted in paper form to the assigned judge, and the fee paid to the clerk’s office, by at least 10:00 a.m. two court days before the ex parte appearance. Parties opposing an ex parte order may appear remotely except as ordered by the court under subdivision (d). Notice of intent to appear remotely must be given to the court and to all parties or persons entitled to receive notice of the proceedings. (See CRC Rule 3.672.) (f) In the event that an ex parte hearing is sought on an emergency basis, in their discretion, the assigned civil judge may permit remote appearances if the ex parte papers cannot be submitted two days in advance of the hearing. (Adopted, effective January 1, 2021) (Amended effective January 1, 2022) (Amended, effective July 1, 2023) (Amended, effective July 1, 2025) (Amended effective January 1, 2026). Rule 3.600 Correspondence with Civil Departments (a) Mandatory Electronic Correspondence to Civil Departments. Correspondence to the Department of any Civil Judge, such as requested letter briefs, requests to take matters off calendar, and requests for rescheduling, regarding civil actions assigned to a Civil Judge shall be submitted electronically, rather than paper, by e-mail addressed to that Civil Department. For example, emails to Department 2 shall be addressed to: Dept2@sanmateocourt.org. All electronic correspondence must be sent in at least 12 point type. All electronic correspondence with the Department of any Civil Judge must also be contemporaneously sent to opposing counsel or opposing self-represented parties. The Department’s email address is for the sending and receiving of correspondence, and is not a venue for back-and-forth communications with the Civil Judge. Communications to the Civil Department email address is not part of the official court files – just like a paper letter, they are not “filed” documents – and will be retained for at least 90 days and then be subject to deletion (destruction) thereafter. (b) Mandatory Email Header. All communications to any Civil Department email address must include in the header “subject line” the Case Number and Name of Case (e.g., 20CIV04321 Smith v. Jones). (Adopted, effective January 1, 2021) (Amended, effective July 1, 2023). Rule 3.700 Informal Discovery Conferences in General Civil Actions. (a) Informal Discovery Conference. In all general civil cases as defined by CRC Rule 1.6(4), parties and non-parties are encouraged to hold an Informal Discovery Conference with the Court prior to filing a motion to compel or any other discovery motion. (b) Conducted by Case Management Judicial Officer. Informal Discovery Conferences will be scheduled with and conducted by the Civil Commissioner. As an Informal Discovery Conference does not involve the adjudication of any issue of disputed law or fact by the Civil Commissioner, Code of Civil Procedure Section 170.6 does not apply. The outcome of an Informal Discovery Conference does not bar a party from subsequently filing a discovery motion or prejudice the disposition of a discovery motion. (c) Remote Only. Informal Discovery Conferences in general civil cases are conducted remote only by Zoom, and are not recorded by any party and are not reported by any court reporter. (d) Request for Informal Discovery Conference. (i) To request an Informal Discovery Conference, counsel must contact the Court by email at IDC@sanmateocourt.org, which email must be contemporaneously copied to counsel for all parties to the action and any self-represented parties. Any party requesting an Informal Discovery Conference shall identify the case name and number, the name of the party requesting the Informal Discovery Conference, the date and time reserved by that party for the Informal Discovery Conference, and the estimated length of the IDC session. (ii) To reserve a date and time for the Informal Discovery Conference, the requesting party shall consult the Informal Discovery Conference Calendar Availability section of the Court’s website at www.sanmateo.courts.ca.gov, and request in the email (under subsection (e)(i) above) an available IDC session for a date that is, at least, ten calendar days, but no later than 29 calendar days, from the date of the request for Informal Discovery Conference. (e) Tolling of Deadline to File Motion. By agreeing to engage in an Informal Discovery Conference, parties agree that the time for bringing any motion to compel or other discovery motion is tolled, starting on the date a party makes the email request for an Informal Discovery Conference to the Court. All requests for Informal Discovery Conference must be made prior to the expiration of the statutory time to bring a motion to compel or other discovery motions. Tolling shall be automatically lifted upon completion of the Informal Discovery Conference; and the time in which to bring a discovery motion shall resume running thereafter, unless otherwise agreed by the parties in writing, or unless otherwise agreed by the parties at the Informal Discovery Conference and placed in the Court’s Minutes including an affirmative waiver of the statutory requirement that it be in writing. Prior to making a request with the Court, counsel shall obtain the consent of the opposing counsel(s) in writing to engage in an informal discovery conference. (f) Email Correspondence Detailing Discovery Dispute. (i) Within five (5) calendar days of the initial email request to the Court for an Informal Discovery Request, the disputing parties shall, jointly or separately, email correspondence to the Court at IDC@sanmateocourt.org, and contemporaneously to all parties, an electronic letter of no more than five (5) pages, without attachments, summarizing the discovery dispute(s). It shall include on the first line (i) the case name and number, (ii) the date and time reserved by the parties for the Informal Discovery Conference, and (iii) the estimated length of the IDC session. (ii) Failure to timely provide the Court with email correspondence summarizing the discovery dispute(s) may, and likely will, result in the Informal Discovery Conference being vacated/cancelled, or advanced and concluded, and tolling of the time to file and serve any discovery motion will cease. (g) Statutory Declaration Waived. The Court waives any requirement for the parties involved in the discovery dispute to file “meet and confer” declarations pursuant to Code of Civil Procedure Sections 2016.040 prior to the Informal Discovery Conference. The dispute will be addressed by the e-correspondence method/procedure set forth above; and the parties are requested not to file any such declarations unless and until the Informal Discovery Conference is unsuccessful and a formal discovery motion is subsequently filed. (h) Email Requirements. (i) All communications to the IDC@sanmateocourt.org email address must include in the header “subject line” the Case Number and Name of Case (e.g., 19CIV06543 Smith v. Jones). (ii) All correspondence regarding any Informal Discovery Conference, such as IDC letter briefs, requests to take matters off calendar, and requests for rescheduling, shall be submitted electronically, rather than paper, by e-mail addressed to IDC@sanmateocourt.org. All electronic correspondence must be sent in at least 12 point type. All electronic correspondence with the IDC Department must also be contemporaneously sent to opposing counsel or opposing self-represented parties. The IDC Department’s email address is for the sending and receiving of correspondence, and is not a venue for back-and-forth communications with the Civil Commissioner. (iii) Communications to the IDC email address are not part of the official court files; and will be retained for at least 90 days and then be subject to deletion (destruction) thereafter. (i) Authorization of Case Management Judicial Officer. (i) Good cause appearing, the Case Management Judicial Officer may, and is authorized to, continue the Informal Discovery Conference, or schedule further proceedings on the same discovery disputes via Informal Discovery Conference. The Civil Commissioner shall enter minutes in the civil case docket indicating that an Informal Discovery Conference was held, the date held, the counsel and parties attending, and whether or not all discovery disputes were resolved. (ii) If a party to a discovery dispute is notified of the Informal Discovery Conference and fails to appear, the Case Management Judicial Officer may, and is authorized to, reschedule or cancel or conclude the Informal Discovery Conference, or issue an Order to Show Cause Re: Sanctions for failure to appear. (j) Motion if Unresolved Discovery Disputes. If any discovery dispute is not resolved following the Informal Discovery Conference, and a motion to compel or other discovery motion has not already been filed, any party may proceed to file and calendar hearing on a motion to compel or other discovery motion in the department of the Civil Judge assigned to that civil case. (Adopted, effective January 1, 2021) (Amended, effective July 1, 2021) (Amended effective July 1, 2022) (Amended, effective July 1, 2023) (Amended, effective July 1, 2025). CASE MANAGEMENT Rule 3.800 Scope These Rules 3.800 et seq. apply to Case Management of all general civil cases as defined by Rule 1.6(4) of the California Rules of Court, which are not complex cases. These Rules are adopted to meet and advance the goals of Government Code Sections 68603 and 68602, Section 2.2 of the Standards of Judicial Administration, and Rules 3.710-3.735, 10.900, and 10.901 of the California Rules of Court. (Adopted, effective January 1, 2021) Rule 3.801 Setting of the Initial Case Management Conference Upon the filing of an initial complaint in all general civil cases, as defined by CRC Rule 1.6(4), the Clerk of the Court will issue and provide a Notice of Assignment for All Purposes and Setting of Case Management Conference. The initial Case Management Conference shall be set for a date within 120 days of filing the complaint, and scheduled before the Civil Commissioner. (Adopted, effective January 1, 2021) (Amended, effective July 1, 2021). Rule 3.802 Petitions for Writ and CEQA Actions Upon the filing of any petition for writ (or other petition not identified in Local Rule 3.401), or of any action under CEQA (whether by complaint or by petition for writ), the Clerk of the Court will issue and provide a Notice of Assignment for All Purposes and Notice of Case Management and Trial Setting Conference. The initial Case Management and Trial Setting Conference shall be set for a date within sixty (60) days, and scheduled before the assigned Civil Judge. Petitions for Writ and CEQA cases are exempt and not otherwise subject to these Case Management Rules or ADR process, unless otherwise ordered by the assigned Civil Judge; except that at the same time as service of the petition for writ or CEQA complaint/petition, plaintiff/petitioner must also serve all defendants, respondents and real parties in interest with the Notice of Assignment for All Purposes and Setting of Case Management and Trial Setting Conference. (Adopted, effective January 1, 2021) (Amended, effective July 1, 2021). Rule 3.803 Complex Civil Cases Upon the filing of any complaint in a provisionally complex cases or a civil case deemed complex, the Clerk of the Court will issue and provide a Notice of Assignment for All Purposes, as Complex Case, Setting of Case Management and Trial Setting Conference, and Complex Fees Due. The initial Case Management and Trial Setting Conference shall be set for a date within ninety (90) days, and scheduled before the assigned Civil Judge. Complex civil cases are exempt and not otherwise subject to these Case Management Rules or ADR process, unless otherwise ordered by the assigned Civil Judge; except that at the same time as service of the complaint and summons, plaintiff must also serve all defendants with Plaintiff’s Civil Case Cover Sheet (per CRC Rule 3.220) and Notice of Assignment for All Purposes, Designation as Complex Case, Setting of Case Management and Trial Setting Conference, and Complex Fees Due. Pursuant to CRC Rule 3.110(b), the complaint must be served upon all named defendants within sixty (60) days after filing of the complaint; and proofs of service of process upon all named defendants, must be filed with the Court within sixty (60) days after filing of the complaint. (Adopted, effective January 1, 2021) (Amended, effective July 1, 2021). Rule 3.804 Service of Process Requirements (a) At the same time as service of the complaint and summons, plaintiff must also serve all defendants with the following documents: (i) Plaintiff’s Civil Case Cover Sheet, if required by CRC Rule 3.220; (ii) Notice of Assignment for All Purposes and Notice of Case Management Conference; (iii) Court’s ADR information package, per CRC Rule 3.221; and (iv) A blank form of the Case Management Statement (CM-110). (b) Pursuant to CRC Rule 3.110(b), the complaint must be served upon all named defendants within sixty (60) days after filing of the complaint; and proofs of service of process upon all named defendants, must be filed with the Court within sixty (60) days after filing of the complaint. (c) Pursuant to CRC Rule 3.110(c), any cross-complaint adding a new party must be served upon all named cross-defendants (and contemporaneously served upon all parties who previously appeared in that civil case), and proofs of service of process upon the new parties must be filed within thirty (30) days of the filing of the cross-complaint. (Adopted, effective January 1, 2021) (Amended, effective July 1, 2021). Rule 3.805 Initial Case Management Conference Requirements (a) The goal is that all parties be served and appear in the civil case prior to the initial Case Management Conference. All proofs of service of process must be filed no later than ten (10) days prior to the initial Case Management Conference. Failure of plaintiff to timely serve the complaint and timely file proofs of service of process upon all named defendants may result in the Court continuing the initial Case Management Conference and/or issuance of any Order to Show Cause re: Sanctions. (b) No later than thirty (30) calendar days prior to the date of the initial Case Management Conference, the parties must meet and confer, in person or by telephone, to consider each of the issues identified in CRC Rule 3.724. (c) Pursuant to CRC Rule 3.725, all parties must file and serve a Case Management Statement (form CM-110) at least fifteen (15) calendar days prior to the date set for the initial Case Management Conference. Failure of any party to timely file and serve a Case Management Statement may result in the Court continuing the initial Case Management Conference and/or issuance of an Order to Show Cause re: Sanctions. (d) Pursuant to CRC Rule 3.722(d), based upon the Court’s review of the filed documents and the docket of that general civil action, the Court may determine that appearances at the initial Case Management Conference are not necessary at that time, and determine that the Case Management Conference should be continued due to the fact that the case is not yet at-issue, or due to failure of the parties to comply with the Code of Civil Procedure, the California Rules of Court, and/or these Local Rules. This is likely to occur when (i) plaintiff has failed to timely file proofs of service of the summons and complaint upon all defendants, (ii) not all Defendants have filed an appearance in the action and/or had a default entered against them, or (iii) not all Defendants have filed an answer and/or had a default entered against them. (e) If the Case Management Conference is continued, all parties must file and serve a new Case Management Statement (form CM-110), individually or jointly, at least fifteen (15) calendar days prior to the date of the latest Case Management Conference. (f) After all parties have made a formal appearance in a general civil action, the parties may directly proceed to an Appropriate Dispute Resolution (“ADR”) process by filing a Stipulation and Order to Appropriate Dispute Resolution (local form ADR-CV-1). If all parties file a completed Stipulation and Order to ADR at least twelve (12) calendar days prior to the date of the Case Management Conference, the Case Management Conference will be vacated (i.e., taken off the Court’s calendar), and the general civil action will be referred to the ADR Analyst. (g) Pursuant to CRC Rule 3.722(d), based upon the Court’s review of the filed documents and the docket of that general civil action, the Court may determine that appearances at the initial Case Management Conference are not necessary at that time, as the general civil case is at-issue and the parties have indicated in their Case Management Statements that they are willing to participate in ADR and are agreeable to the same ADR procedure. If so, the Court may order that general civil case referred to the Court’s ADR Analyst. (h) Pursuant to CRC Rule 2.30, the Court is empowered to impose monetary sanctions of a minimum of $150.00 upon any party or their counsel for failure to follow the requirements of these Case Management Local Rules, or of the California Rules of Court, or of the Code of Civil Procedure. (Adopted, effective January 1, 2021). Rule 3.900 Appropriate Dispute Resolution and ADR Division. Reference CRC Rules 3.800-3.860. (Adopted, effective January 1, 2021). Rule 3.901 ADR Policy The Court finds it is in the best interests of parties to litigation to participate in appropriate dispute resolution procedures, including but not limited to mediation, neutral evaluation, private or judicial arbitration, voluntary settlement conferences, and the use of special masters and referees. Therefore, all parties are expected to stipulate to, or be referred to, an appropriate form of dispute resolution before the case is set for trial. Parties are encouraged to stipulate to judicial arbitration or an ADR process prior to the initial Case Management Conference. (Adopted, effective January 1, 2021). Rule 3.902 Uninsured Motorist Cases If prior to the initial filing of the complaint a matter has been submitted to arbitration pursuant to uninsured motorist insurance, the plaintiff shall identify the case as “Auto Tort Uninsured Motorist” on the Civil Case Cover Sheet and shall file a notice to that effect with the Court at the time of filing the complaint. The notice shall include the name, address and telephone number of the insurance company, along with the claim number or other designation under which the matter is being processed. (Adopted, effective January 1, 2021). Rule 3.903 Stipulation to Judicial Arbitration (a) The Court may order general civil cases subject to Code of Civil Procedure Section 1141.10 et seq., to judicial arbitration. If the case is at issue, and all counsel and self-represented parties stipulate in writing to judicial arbitration prior to the Case Management Conference, discovery will remain open following judicial arbitration. In order to avoid any need to appear thereat, a written stipulation to judicial arbitration must be filed with the Court and a copy immediately emailed to the Case Management Coordinator at CMC@sanmateocourt.org at least the twelve (12) calendar days before the Case Management Conference. A written stipulation to judicial arbitration will be deemed to be without a limit as to the amount of the award unless it expressly states otherwise. (b) If the general civil case is subject to judicial arbitration, by stipulation or by court order, the matter will be referred to the ADR Analyst. The ADR staff will send a list to all counsel and self-represented parties of the panel of arbitrators within 15 days, pursuant to CRC Rule 3.815. Each side will have ten (10) calendar days to file any written rejection. Promptly upon the expiration of the 10-day period, the ADR staff will appoint the judicial arbitrator and send notice of that appointment to the arbitrator and to all parties. Notice shall include the expiration date of the arbitrator’s jurisdiction. The judicial arbitration shall complete the arbitration hearing within ninety (90) days from appointment, unless a continuance is granted pursuant to CRC Rule 3.817. Within ten (10) days after the conclusion of the arbitration hearing, the arbitrator must file the arbitration award with the Court, including proof of service on each party to the arbitration, pursuant to CRC Rule 3.825. The arbitration award will be entered as a judgment if no trial de novo is timely filed pursuant to CRC Rule 3.826. If a trial de novo is filed, the general civil case will be schedule for Trial Setting Conference with the assigned Civil Judge. (c) It is the policy of this Court to make every effort to process cases in a timely manner. Parties who elect or are ordered by the Court to judicial arbitration must complete the judicial arbitration hearing within the time frame specified by the Court. (d) Parties who wish to continue the arbitration hearing after the jurisdictional time frame must filed local form Ex Parte Motion and Stipulation for Continuance of Judicial Arbitration Hearing with the Court, with a copy contemporaneously emailed to the ADR staff at CMC@sanmateocourt.org. Continuances without adequate grounds and good cause will not be considered. The Civil Commissioner or assigned Civil Judge will either grant or deny the request for continuance. If the request is denied, the case may be set for further Case Management Conference. If the request is granted, the Court will impose a new deadline by which the judicial arbitration must be completed. (e) Parties who wish to change their ADR process from judicial arbitration to another form of ADR must file a Stipulation and [Proposed] Order to Mediation in Lieu of Court-Ordered Judicial Arbitration (local form ADR-CSARB) with the Court, with a copy contemporaneously emailed to the ADR Director at ADR@sanmateocourt.org. The Stipulation must state that parties have: (i) notified both the judicial arbitration and ADR coordinators; (ii) cancelled the judicial arbitration hearing: (iii) scheduled the ADR session within five months of the previously scheduled judicial arbitration hearing; and (iv) stipulated to a date for Trial Setting Conference, which is not more than six (6) months from the previously scheduled judicial arbitration hearing. (Adopted, effective January 1, 2021). Rule 3.904 Stipulations to Private Appropriate Dispute Resolution (a) If a case is at-issue and all counsel and self-represented parties stipulate in writing to an ADR process, and file a completed Stipulation and Order to ADR with the Court at least twelve (12) calendar days before the Case Management Conference, that conference shall be vacated. (b) If a case is at-issue and all counsel and self-represented parties have indicated in their Case Management Statements that they are willing to participate in ADR and all willing to proceed to the same ADR process, such as mediation, private arbitration, or neutral evaluation (other than judicial arbitration), the general civil case will be referred by the Court to the ADR Department for issuance of a formal ADR order. Counsel and self-represented parties shall sign and submit a formal Stipulation and Order to ADR within 21 days from the date of issuance of the ADR order. (c) If a case is at-issue and the counsel and self-represented parties have yet to mutually agree upon any appropriate ADR process, they shall appear at the initial Case Management Conference before the Civil Commissioner, unless the Court issues an Order requiring the parties to meet and confer to select an ADR process and continues the Case Management Conference in the interim. A blank Stipulation and Order to ADR will be included with such Order. (d) The ADR process shall be completed within ninety (90) days, unless a request for continuance is made by submitting an extension request online at www.sanmateo.courts.ca.gov/divisions/appropriate-dispute-resolution-programs/civil-adr-program/request-extension-time-adr. (e) Failure of the parties to comply with these ADR Local Rules, and the deadlines set forth herein, may result in the issuance of an Order to Show Cause re: Sanctions. (Adopted, effective January 1, 2021) (Amended, effective July 1, 2021). Rule 3.905 Completion of ADR Process (a) Upon the completion of the selected ADR process, other than judicial arbitration, if a resolution of disputes is achieved, the parties shall file and serve either (i) a Notice of Settlement; (ii) a Request for Dismissal; (iii) a Stipulated Judgment; or (iv) a motion for approval of settlement, if a motion is required by law. An Order to Show Cause Re: Dismissal will be issued and hearing set before the Civil Commissioner for a date at least 45 days after the filing of any Notice of Settlement where the settlement unconditional, or a date after the completion date indicated in the Notice of Settlement where the settlement is conditional. (b) Upon the completion of the selected ADR process, if not all disputes are resolved, parties shall sign and file a Statement of Nonagreement (ADR-CV-11) to facilitate the setting of the post-ADR Case Management and Trial Setting Conference before the assigned Civil Judge. (c) To maintain the quality of ADR services the court requires cooperation from all parties, counsel and ADR providers in completing ADR evaluation forms, and returning these forms to the ADR department within 10 calendar days of the completion of the ADR process. (d) ADR Program Complaint Policy: If mediation session participants have a concern about the mediation process or the conduct of a mediator affiliated with the court’s program, the court encourages them to speak directly with the mediator first. In accordance with California Rules of Court §3.865 et seq., parties may also address written complaints, referencing the specific Rule of Court allegedly violated, to the Court’s Civil ADR Program. (For complete complaint procedure guidelines, see court web site: www.sanmateo.courts.ca.gov/divisions/appropriate-dispute-resolution-programs/civil-adr-program) (Adopted, effective January 1, 2021), (Amended, effective July 1, 2021). Rule 3.1000 Post-ADR Case Management and Trial Setting Conference (a) After the parties have participated in an ADR process in any general civil case, the Court will issue notice setting a Case Management and Trial Setting Conference before the assigned Civil Judge. At the Case Management and Trial Setting Conference, the Civil Judge will consider the facts and circumstances identified in CRC Rules 3.728 and 3.729. Trial counsel for all parties shall attend the Case Management and Trial Setting Conference. Thereafter, the Court will issue notice(s) of the date set for Mandatory Settlement Conference, the date set for commencement of trial, whether the trial will be by court or jury, and the anticipated length of trial. (b) At least fifteen (15) calendar days before the date of the Case Management and Trial Setting Conference, counsel for the parties and any self-represented parties shall file and serve, jointly or individually, a written Case Management and Trial Setting Conference in prose and in detail, not using the standardized Judicial Council form CM-110. The Case Management and Trial Setting Conference Statement shall include all items set forth in CRC Rule 3.717 and any relevant facts or circumstances regarding the setting of the trial date as set forth in CRC Rule 3.729. The Case Management and Trial Setting Conference Statement shall also include information as to the status of completion of production of documents, the status of completion of party and witness depositions, and the status of expert witness discovery. (Adopted, effective January 1, 2021) (Amended, effective July 1, 2021). Rule 3.1100 Mandatory Settlement Conferences (a) In all general civil cases as defined in CRC Rule 1.6(4), and in any complex cases in the discretion of the assigned Civil Judge, and in any Probate matters subject to Local Rule 4.3(c), the civil case will be set for a Mandatory Settlement Conference prior to trial. The Mandatory Settlement Conference will be conducted by a Civil Judge or Probate Judge who is not assigned as the single-assigned judge for that case. (b) The following persons must attend the Mandatory Settlement Conference: (i) The attorney who will try the civil case or an informed attorney with full authority to negotiate a settlement of the case shall personally attend. (ii) All named parties who have appeared in the civil case, and are not subject to default, dismissal, or prior Notice of Settlement. (iii) Any persons whose consent is required to authorize settlement shall personally attend; those parties that are corporations or other legal entity shall have in attendance an officer or other employee with authority to bind the corporation or other legal entity. (iv) Powers of attorney, oral or written, granting counsel settlement authority are unacceptable as a substitute for personal attendance of parties and/or representatives of legal entities at the Mandatory Settlement Conference. (v) With respect to any insured party, a representative of the insurance carrier with authority to settle which is meaningful considering the exposure to loss presented shall personally attend. If the claims representative in personal attendance has any limitation on his or her settlement authority, a representative of the carrier who has no such limitations shall be available to the court by telephone and shall remain available until released by the Civil judge conducting the Mandatory Settlement Conference, regardless of the time of day at the location of that representative. (c) The personal attendance of any person who is required by this Rule or by CRC Rule 3.1380(b) to be present at the Mandatory Settlement Conference may be excused only by the Civil Judge assigned to that civil case upon application made prior to the day on which the Mandatory Settlement Conference is scheduled. Any such person whose attendance is excused must remain available by telephone until he or she has been excused by the Civil Judge conducting the Mandatory Settlement Conference regardless of the time of day at the location of that person. (d) No later than five (5) court days before the initial date set for the Mandatory Settlement Conference, each party shall lodge with the Court and serve on all other parties a Mandatory Settlement Conference Statement containing any and all information, facts, and details as required by CRC Rule 3.1380(c). (e) Upon arrival at the Civil Department to which the Mandatory Settlement Conference has been assigned, counsel shall check in with the courtroom clerk and shall verify the attendance of those persons whose presence is required. (f) No Mandatory Settlement Conference may be continued without the consent of the assigned Civil Judge. At the Mandatory Settlement Conference, if settlement discussions are inconclusive, the Civil Judge conducting the Mandatory Settlement Conference may continue it to a later date for further settlement discussions before that same Civil Judge. (g) Sanctions pursuant to CRC Rule 2.30 shall be imposed for any violation of this Rule. The minimum sanction imposed shall be $250.00 payable to the court; sanctions payable to the Court may be larger where appropriate and will be in addition to appropriate attorney fees and calendar changes. Sanctions mandated hereby may be waived by the Civil Judge conducting the Mandatory Settlement Conference only upon an application showing good cause why sanctions should not be imposed. (Adopted, effective January 1, 2021) (Amended, effective January 2023). UNLAWFUL DETAINER ACTIONS Rule 3.1200 Law & Motion Matters in Unlawful Detainer Actions. All Unlawful Detainer actions, pursuant to Code of Civil Procedure Section 1159 et seq., will be randomly assigned to a single Civil Judge for all purposes at the time of filing of the action. All law and motion matters in Unlawful Detainer actions shall be calendared with and adjudicated by the Civil Judge assigned to that civil case, except that uncontested ex parte applications and uncontested motions that do not require a hearing may be determined by and order entered by Civil Commissioner as set forth in Local Rule 3.1202. All contested law and motion matters, including any and all motions requiring a hearing, shall be calendared with and adjudicated by the assigned Civil Judge, not the Civil Commissioner. (Adopted, effective January 1, 2021) (Amended, effective July 1, 2023). Rule 3.1201 Special Deadlines for Unlawful Detainer Law & Motion Matters. The Civil Law & Motion Calendar Local Rules shall apply to all unlawful detainer actions, except as otherwise provided below: (i) Any motion to quash service of summons or motion to stay or dismiss the action on the ground of inconvenient forum, under Code of Civil Procedure Section 418.10(a), must be filed within the five (5) court day period allotted for responding to the Unlawful Detainer complaint, as required by Code of Civil Procedure Section 1167(a). Hearing on such motion shall be set between three (3) and seven (7) calendar days thereafter, pursuant to C.C.P. Section 1167.4. (ii) As to any demurrer or other motion regarding the pleadings, other than a motion under C.C.P. Section 418.10(a), and as to any motion pursuant to C.C.P. section 1170.5(b) or (c), the hearing thereon shall be set on the Civil Law and Motion Calendar pursuant to C.C.P. Section 1005, which requires sixteen (16) court days’ notice. Any party seeking a hearing date on less than 16-court-days’ notice shall be required to obtain an ex parte order shortening time pursuant to CRC Rules 3.1200-3.1207. (iii) As to any motion to compel or other discovery motion, pursuant to C.C.P. Section 1170.8, five (5) days’ notice is required. Hearing on such discovery motion shall be set on or before the 15th day before the date initially set for the trial of the action. (iv) As to any motion for summary judgment or motion for judgment on the pleadings, the notice of motion must comply with CRC Rule 3.1351(a). The parties are reminded that the time extensions triggered pursuant to Code of Civil Procedure Sections 1005(b), 1010.6, and 1013 apply to Unlawful Detainer actions. Counsel and parties are cautioned to consider the additional time for service when calendaring motions. [Example: Summary judgment motions are set on 5 days’ notice but if service is by mail, 5 additional days for service must be added.] (Adopted, effective January 1, 2021) (Amended, effective January 1, 2025). Rule 3.1202 Ex Parte Applications in Unlawful Detainer Actions. (a) Ex parte applications in Unlawful Detainer actions are heard by the Civil Judge assigned to that Unlawful Detainer case. The Department of each Civil Judge is available for ex parte applications two days per week at 1:30 p.m. Parties and their counsel must check the Court’s website at www.sanmateo.courts.ca.gov under the Civil Departments section for the specific days of the week when ex partes are heard by the assigned Civil Judge. (b) Uncontested ex parte applications in Unlawful Detainer actions, which do not require a hearing, may be heard and determined by the Civil Commissioner. Good cause appearing, the Civil Commissioner may, and is authorized to, determine and enter orders on uncontested ex parte applications/motions/requests, which do not involve the adjudication of any issue of disputed law or fact by the Civil Commissioner. (c) A request for entry of judgment pursuant to stipulation of settlement, on the basis that the opposing party breached the stipulation of settlement, shall be filed as a noticed motion for entry of judgment pursuant to CCP Section 664.6, and set for hearing before the assigned Civil Judge; or may be presented as an ex parte application before the assigned Civil Judge if the requesting party is only seeking a judgment of possession (but no monetary award). If the parties so stipulate to the Civil Commissioner as a Temporary Judge, then such requests may be submitted to the Civil Commissioner for hearing. (d) Except where the ex parte applicant has previously been granted a fee waiver, the applicant shall pay the ex parte application filing fee to the Clerk of the Court prior to presenting the ex parte application to the Civil Judge. See the court’s website for further information regarding payment of fees. Ex parte applications and proof of payment must be received directly by the courtroom clerk for the Department no later than 15 minutes from the time set for ex parte hearings. (e) Ex parte applications, ex parte oppositions, and all other ex parte filings in Unlawful Detainer actions on contested or potentially contested applications/requests/motions must be submitted and filed in paper form, and cannot be electronically filed. Failure to present a proposed order at the time of presentation of the ex parte application will result in denial of the ex parte application. (f) Uncontested ex parte applications in Unlawful Detainer actions that do not require notice or hearing may be electronically filed. (g) Ex parte applicants and opponents must appear in person on contested or potentially contested applications/requests/motions, subject to the exceptions set forth in CRC Rule 3.1207, as ex parte remote appearances cannot be accommodated at the present time. (Adopted, effective January 1, 2021) (Amended, effective July 1, 2023) (Amended, effective July 1, 2024). Rule 3.1203 Summary Dismissal for Failure to Prosecute. Pursuant to C.C.P. Section 1167.1, if proof of service of the summons and complaint is not filed by plaintiff in an Unlawful Detainer action within 60 days of the initial filing of the complaint, the Court may issue summary dismissal without prejudice. (Adopted, effective January 1, 2021). Rule 3.1204 Unlawful Detainer Pretrial Conference. (a) If all defendants appear and file an answer to the complaint and/or have a default judgment entered against them and/or have a dismissal entered in their favor, upon the filing of a Request to Set Case for Trial – Unlawful Detainer (JCC form UD-150), the Unlawful Detainer action will be set for a Pretrial Conference date and Trial date within 20 days of filing the Request. (b) The Unlawful Detainer Pretrial Conference will be held approximately four (4) days prior to the date set for trial, and conducted by the Civil Commissioner. All parties and their counsel of record must attend the Pretrial Conference in person, unless otherwise ordered by the Court. At the Pretrial Conference, the Civil Commissioner will work with the parties towards settlement of the Unlawful Detainer action. At the Pretrial Settlement Conference, the parties and the Civil Commissioner will also discuss (i) whether any party has timely demanded a jury and timely paid the jury fee deposit required by C.C.P. Section 631(c)(1), (ii) whether the trial will be by the Court rather than jury, (iii) whether the parties are willing to stipulate to trial before the Civil Commissioner, and (iv) estimated length of trial. (Adopted, effective January 1, 2021). Rule 3.1205 Unlawful Detainer Trial Assignment . (a) On the date set for trial, the Civil Commissioner shall call the trial calendar for all Unlawful Detainer actions set for court trial. If the parties stipulate or have stipulated to court trial adjudication by the Civil Commissioner, the matter will proceed. If the parties do not stipulate to the Civil Commissioner, the court trial adjudication will proceed before the assigned Civil Judge after appearing before the Civil Commissioner for call of the trial calendar. (b) If the Unlawful Detainer action is still scheduled for jury trial after the Pretrial Conference, the matter will proceed before the assigned Civil Judge on the Trial Calendar scheduled for that Civil Department. (Adopted, effective January 1, 2021). COLLECTIONS CASES Rule 3.1300 Collections Cases. Reference CRC Rules 3.740 et seq. (Adopted, effective January 1, 2021). Rule 3.1301. Proper Designation on Civil Case Cover Sheet. For all Collections Cases, as defined by CRC Rule 3.740(a), the plaintiff must check the case type box “Rule 3.740 collections” on the Civil Case Cover Sheet (form CM-010) as mandated by CRC Rule 3.740(b). Failure to properly designate a civil action as a Collections Case may result in the issuance of an Order to Show Cause why monetary sanctions of $250.00 or more should not be imposed for violation of the California Rules of Court and violation of these Local Rules. (Adopted, effective January 1, 2021). Rule 3.1302 Case Management of Collections Cases. (a) Upon filing the complaint, all Collections Cases shall be set for a Case Management Conference with the Civil Commissioner at least 180 days therefrom. (b) Pursuant to CRC Rule 3.740(d), the complaint and summon in all Collections Cases must be served upon all defendants, and proofs of service of process upon all defendants filed with the Court, or the plaintiff must obtain an order for service by publication, within 180 days after filing of the initial complaint. (c) Pursuant to CRC Rule 3.740(f), plaintiff must obtain a default judgment within 360 days after filing of the initial complaint against any defendants who do not file a responsive pleading, (d) If all named defendants have filed an answer to the complaint prior to the Case Management Conference, the Collections Case will be referred to ADR, and proceed as a general civil case. (e) If all named defendants have filed an answer to the complaint or have had a default entered against them prior to the Case Management Conference, the Collections Case will be reset for a Case Management Conference with the Civil Commissioner, at least 360 days after the filing of the initial complaint. (f) If plaintiff fails to timely file proofs of service of process upon all defendants, the Court will issue an Order to Show Cause why monetary sanctions of $250.00 or more should not be imposed, and set the Collections Case for OSC hearing with the Civil Commissioner. (g) If plaintiff timely files proofs of service of process upon all defendants, but not all defendants have filed an answer to the complaint or had a default entered against them prior to the Case Management Conference, the Collections Case will be reset for a Case Management Conference with the Civil Commissioner, at least 360 days after the filing of the initial complaint. (h) If all named defendants have filed an answer to the complaint or have had a default judgment entered against them prior to the 360-day Case Management Conference, the Collections Case will be referred to ADR and proceed as a general civil case as to those defendants who have appeared. (i) If plaintiff fails to timely obtain a default judgment against all defendants who have not filed a responsive pleading, pursuant to CRC Rule 3.740(f), the Court will issue an Order to Show Cause why monetary sanctions of $250.00 or more should not be imposed, and set the Collections Case for OSC hearing with the Civil Commissioner. (Adopted, effective January 1, 2021). Rule 3.1303 Collections Cases Law & Motion. All Law & Motion matters in Collections Cases shall be calendared with and adjudicated by the Civil Judge assigned to that civil case. (Adopted, effective January 1, 2021). JUDGMENT CREDITOR ORDERS OF EXAMINATION Rule 3.1400 Orders of Examination. In all general civil actions and unlawful detainer actions, examination proceedings upon application of a judgment creditor, pursuant to Code of Civil Procedure Sections 708.110 et seq., shall be set for appearance before the Civil Commissioner. The Civil Commissioner is authorized, pursuant to C.C.P. Section 708.110, and given all powers over orders of examination and over examination proceedings as provided under Section 708.140(a). (Adopted, effective January 1, 2021). COURTCALL TELEPHONIC APPEARANCES Rule 3.1500 Remote Appearances Unless otherwise ordered by the Court, parties may appear remotely in all general civil cases, unlawful detainer actions, and complex cases. Parties must follow the remote appearance requirements of the department of the assigned Civil Judge, which are available on the Court’s website www.sanmateo.courts.ca.gov under the Civil Department section, and click on the assigned Civil Judge’s name to link to their remote appearance information and their department’s procedures. (Adopted, effective January 1, 2020) (Amended, effective July 1, 2021).
DIVISION III DIRECT CALENDAR CIVIL DEPARTMENTS ASSIGNMENT, CASE MANAGEMENT, AND LAW AND MOTION SUPERIOR COURT Rule 3.1 Application REPEALED (Adopted, effective, January 1, 2000) (Amended, effective January 1, 2020) (Repealed, effective January 1, 2021) Rule 3.2.1 Law and Motion Calendar Matters REPEALED (Adopted, effective January 1, 2000)(Amended, effective July 1, 2015) (Amended, effective Janua
Reviewer note: Composed 2026-10-08 (California T4 San Mateo build 2026-10-08) from BenchPath custody ca/t4/ca-san-mateo/docs/local-rules/localrules.pdf (the court's rule book, “Local Court Rules As Amended Effective July 1, 2026”, as fetched 2026-10-08; 2288146 bytes, sha256 339b824c762c382bbe9451825137a370ed61c341ed5b7f53b448b46bb3dcca2b; 234 pages) with the shared verbatim composer (v2 reflow) over the Introduction and Divisions I to XI (PDF pages 33 to 210, each division's contents pages left out): each page's running header (“Superior Court of California, County of San Mateo”), its running label (the division's label, the page number and the page's revision date) and each division's “Return to Table of Contents” link box removed as chrome; lines reflowed into the rules' paragraphs; seven rule citations the reflow broke at a line end rejoined, the Court Schedule of Attorney Fees (Rule 6.1.1; a table printed without rules) set one printed row a line, and sixteen paragraph and heading breaks the reflow ran together set back - among them Division III's headings 3.8, 3.9 and 3.13, printed without the word “Rule” (24 whitespace-only fixes); Divisions II, IV and VI cut at their chapter headings, which reassemble them (Division II's Chapter 3 is “[RESERVED]”: its heading alone, no card); no struck character (the strike report); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, the filing instructions, the List of Currently Effective Rules, the divisions' contents pages, Attachment I (the local court forms list) and the index belong to no chapter. Review note: The Division's headings 3.7 to 3.19 are printed without the word "Rule" (carded as printed). The court's Ex-Parte Hearings page (carded) refers to the matters heard by the Presiding Judge "as set forth in Local Rule 3.2"; Rules 3.2.1 and 3.2.2 are repealed, and Rule 3.19(B) refers to Local Rule 3.401(b) for those matters.
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.