Judge Harold Hopp
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Deposition Transcript
Court-wide- 1 copy • Hand Delivery • On First Day Of Trial
Witness List, Exhibit List, Exhibits, Judicial Notice Request, Motion In Limine, Opposition, Trial Brief, Stipulation, Jury Instructions, Verdict Form
Court-wide- 1 copy
Adjournments
- Counsel must observe the limitations on trial continuances under California Rules of Court rule 3.1332.
- Plaintiffs and cross-complainants may grant extensions of time to respond of at most 15 days; open extensions are prohibited.
- Extensions to respond must not set a response date less than 15 days before a scheduled CMC.
- +9 more
Request must include
- Under CCP 595.2, the Court will grant a stipulated continuance without good cause only if the trial is within 18 months of filing, has never been continued, considers no more than 28 days, and the stipulation/proposed order is submitted at least five court days in advance.
Communication
Chambers
Phone
Phone
Clerk
Phone
Chambers
Document Filing Requirements52 rules
Counsel must answer all portions of Form CM-110.
Accordingly, California Rules of Court, rule 3.725(c) requires counsel to answer all portions of Form CM-110. The Court expects counsel to comply this rule. A failure to comply with that rule – especially a failure by a plaintiff or cross-complainant to do so – will result in an OSC why sanctions should
Document Type
Case Management Statement
Parties must file the Case Management Statement on Form CM-110.
California Rules of Court, rule 3.725, requires the parties, either jointly or separately, to file a CMS on Form CM-110, no later than 15 days in advance of the date set for the CMC.
Document Type
Case Management Statement
For any case seeking monetary relief, the CMS must describe the nature of the wrongful conduct, the nature of the damages, and the approximate amount of each type of monetary relief sought.
In particular, the Court will review the answer to Question No. 4.b. of Form CM-110 to determine whether the amount in controversy is $50,000 or less. In any case in which any monetary relief is sought – whether in the form of compensatory damages, punitive damages, statutory penalties, or restitution -- counsel should describe the nature of the wrongful conduct (if not sufficiently described in Question 4.a.), the nature of the damages suffered as a result of that conduct, and the approximate amount of each type of damage or other form of monetary relief being sought.
Document Type
Case Management Statement
By the CMS filing, counsel must investigate damages and provide reasonable estimates; deferring estimates to trial or experts is insufficient.
The Court does not expect counsel to be able to predict with perfect accuracy what the evidence of damages will be at trial. However, by the time that the CMS is filed nearly six months after the case was filed, the Court does expect counsel to have conducted a preliminary investigation into the amount of damages and to make a reasonable estimate of the amount of those damages on the basis of the information obtained as the result of that investigation. Descriptions that attempt to defer those estimates until later or otherwise to duck the obligation to conduct that investigation and make that estimate are not sufficient. E.g.: “Damages in an amount to be proven at trial.” “Economic damages in an amount to be determined by an expert.” “Exact amount of past medical expenses is unknown.” “Plaintiff will seek the maximum amount of damages recoverable under the law.”
Document Type
Case Management Statement
A CMS damages description that merely states damages exceed $25,000 is insufficient because all unlimited civil cases involve at least that amount.
Merely stating that the plaintiff has suffered damages in excess of $25,000 is not sufficient, because all unlimited civil cases seeking damages involve damages of at least $25,000.
Document Type
Case Management Statement
A CMS damages description that merely says the plaintiff was injured or suffered damages is insufficient.
Merely stating that the plaintiff has been injured, or has suffered damages, is not sufficient.
Document Type
Case Management Statement
The CMS must state damage elements separately; a single lump-sum figure is insufficient.
Conflating all types of damages into a single figure – e.g., “economic damages, non-economic damages, and punitive damages in a sum not less than $500,000” – is not sufficient. The Court cannot independently evaluate the claim unless the amounts of the various damage elements are stated separately.
Document Type
Case Management Statement
CMS damages descriptions that depend on information not stated in the CMS are insufficient, such as policy limits, references to other documents, or vague figures.
Descriptions that require the Court to know information that is not stated in the CMS are not sufficient. E.g.: “Plaintiff is requesting the entirety of defendant’s policy limits.” “See Statement of Damages.” “Past wages of $15,000, plus commission.” “Actual damages of $38,000, plus statutory penalties.” “Penalties of $4,000 per occurrence.”
Document Type
Case Management Statement
The ADR agreement column of Form CM-110 may be marked only if all parties who have appeared have agreed to that form of ADR.
By contrast, the right-hand column asks whether the parties have actually agreed with each other to engage in that form of ADR. That column should not be marked unless all parties who have appeared in the case have agreed to engage in that form of ADR.
Document Type
Case Management Statement
All parties must comply with Local Rule 3401 and bring the documents specified in § 9.b on the day of trial call, except for non-jury unlawful detainer trials and non-jury trials of five hours or less; noncompliance may result in trial continuance, sanctions, or an order to show cause.
Except for non-jury unlawful detainer trials and non-jury trials estimated to take five hours or less, all parties must comply with Riverside Superior Court Local Rule 3401, and must bring the documents specified in § 9.b. of that rule on the day of the trial call. There will be no other exceptions. Failure to comply with that rule may result in the continuance of the trial, in the imposition of the sanctions described in rule 3401, and/or in an OSC why monetary sanctions should not be imposed on counsel.
Document Type
Trial Call Documents
A request to continue a hearing/CMC/TSC must be labelled, supported by good cause, and proposed order included.
Any request to continue a hearing, a CMC, a TSC, or a status conference should be (a) labelled as being a request for such relief, (b) supported by a declaration or stipulation establishing the facts that establish that establish good cause for that relief, and (c) accompanied by a proposed order.
Document Type
Request To Continue Hearing
Supporting declarations must come from a declarant with personal knowledge and be under penalty of perjury; the Court will not consider facts asserted on information or belief or taken on not sworn.
Any declaration in support of a motion or application must be (a) executed by a declarant with personal knowledge of the facts stated and (b) signed under penalty of perjury consistent with Code of Civil Procedure section 2015.5. The Court will not rely on factual assertions for which no basis of personal knowledge for the declarant is shown, that are certified to be true only to the best of the declarant’s information and belief, or that are not sworn.
Document Type
Declaration In Support Of Motion
An order to shorten notice will not be considered unless the movant has already reserved a hearing date, satisfied the filing fee, and filed the underlying motion, with a declaration about the earliest available date.
Therefore, a party desiring an order shortening time for notice of a motion should not bring an ex parte application for such an order until that party has first (i) reserved a hearing date for the motion, (ii) paid the appropriate filing fee for the motion (or obtained a fee waiver), and (iii) filed a motion. The Court will not deem the ex parte application to constitute the motion to be heard. The hearing date reserved for the motion should be the earliest date available in this department. The application should be supported by a declaration that either affirms that the hearing date was the earliest available or explains the reason why a later date was reserved.
Document Type
Ex Parte Application For Order Shortening Time
An ex parte application must show exigent circumstances and why the matter could not be brought by noticed motion; exigencies more than two months away are unlikely to qualify.
Any application for ex parte relief must be supported by a showing of exigent circumstances justifying ex parte relief by explaining why the request could not, with the exercise of reasonable diligence, have been brought by a noticed motion. If the claimed exigency – for example, the trial that you want continued – will not occur within the next two months, the Court is unlikely to find that this requirement has been met.
Document Type
Ex Parte Application
To show good cause based on an unavailable percipient witness, the request must prove the witness's service of subpoena and unavailability, explain the materiality of the missing testimony, and confirm no other witness can provide it.
f. To attempt to demonstrate good cause on the ground of the unavailability of a percipient witness, the request should: witness; ii. Explain why that testimony is material; iii. Explain why that testimony cannot be offered by another witness; iv. Prove that the witness has been served with a subpoena; and v. Prove the witness’s unavailability for the trial as currently scheduled, before when that unavailability begins, and when it will end.
Document Type
Motion To Continue Trial
A request to continue trial based on substitution of counsel must show the substitution was required in the interests of justice and explain its necessity, timing, and the new counsel's preparation and remaining work.
e. The substitution of counsel is not good cause for the continuance of a trial unless there is an affirmative showing that the substitution was required in the interests of justice. (Cal. Rules of Court, rule 3.1332(c)(4).) Therefore, any request on the ground of a recent change of trial counsel should explain in detail: i. Why was the substitution necessary and when did the events demonstrating that necessity occur? ii. When did the substitution occur, and why did it not occur earlier? iii. What has new counsel done to date to prepare for trial, and when did new counsel begin to do so? If those preparations did not begin promptly following the substitution, why not? iv. What else does new counsel need to do to prepare for trial, and how long will it take to do so?
Document Type
Motion To Continue Trial
A request to continue based on an expert's unavailability must include an offer of proof, materiality of testimony, lack of substitute experts, retainer and notice facts, and proof of the unavailability period.
g. To attempt to demonstrate good cause on the ground of the unavailability of an expert witness for either deposition or trial, the request should: i. Make an offer of proof of the testimony to be provided by that witness; ii. Explain why that testimony is material; iii. Explain why that testimony cannot be offered by another expert; iv. State when counsel retained that expert; v. State how and when counsel informed the expert of the trial date; vi. State how and when the expert agreed to be available for a trial starting on that date and for a the beginning of deposition preceding that date; vii. State how and when counsel learned-hear the expert was not available; and viii. Prove the witness’s unavailability for the trial as currently scheduled, when that unavailability begins, and when it will end.
Document Type
Motion To Continue Trial
To continue a trial because trial counsel is unavailable, the request must prove the conflict, the scheduling timing, when counsel learned of it, and why no one else can substitute.
h. To attempt to demonstrate the good cause on the ground of the unavailability of trial counsel, the request should: i. Prove counsel’s unavailability for the trial as currently scheduled, when that unavailability begins, and when it will end. ii. State when the conflicting event was scheduled in the relationship to the scheduled scheduling of the trial date; iii. State when trial counsel became aware of the conflict; and iv. Explain why other counsel cannot substitute for trial counsel during the period of the conflict.
Document Type
Motion To Continue Trial
Unless an exception under paragraph 2 applies, requests to continue a trial must generally be made by a meaningful, formal motion.
4. Unless the request complies with paragraph 2 above, any request to continue the trial should generally be made by a notice motion.
Document Type
Motion To Continue Trial
Belated compliance after the OSC is issued does not cure the underlying violation or avoid sanctions.
A violation is not cured, and sanctions avoided, by belatedly complying with the rule or order after the issuance of the OSC but before filing the declaration in response to the OSC.
Document Type
Osc Response Declaration
An OSC response declaration must demonstrate compliance with the rule or order when counsel claims no violation occurred.
If counsel believes that there has been no violation, the declaration should demonstrate that counsel has complied.
Document Type
Osc Response Declaration
Good cause requires reasonably diligent efforts thwarted by reasons outside counsel’s control; negligent mistakes do not qualify.
To demonstrate good cause, the declaration must show that counsel made a reasonably diligent effort to comply with the requirement that is the subject of the OSC but that, for reasons not within counsel’s control, counsel was not able to comply. Negligent mistakes or lapses of attention, such as calendaring errors or failures of memory, do not constitute good cause.
Document Type
Osc Response Declaration
When the court’s status record shows a party as Serve Required or Served, a declaration responding to the OSC must be filed under RSC Local Rule 3116.
you should file a declaration in response to the OSC, as required by rule 3116.
Document Type
Osc Response Declaration
A declaration responding to an OSC for failure to request default must show good cause by stating the date of contact with the defendant/adjuster, the last offer or demand date, the length of any extension, and the date the extension expires.
The declaration should state (1) the date on which you made contact with the defendant or the defendant’s counsel or adjuster, (2) the date on which the last offer or demand was exchanged, (3) the length of any extension of time granted, and (4) the date that extension expires.
Document Type
Declaration In Response To Order To Show Cause
When answering an OSC for an incomplete Case Management Statement, the declaration must identify the date and location of a complete CMS if the Court is mistaken, or give reasons for the omission if the Court is correct; later filing a revised CMS will not likely avoid sanctions.
When the Court issues an OSC for the failure to file a complete CMS, it means that the Court believes that the party failed to answer all of the questions on the CMS. Typically, the material omission is the failure to fully answer Question 4.b. concerning the nature and the amount of the damages allegedly suffered or the other relief being sought. If the Court is incorrect, the declaration in response should state the date that a complete CMS was filed and the location in the CMS of the information regarding the nature and the amount of the damages and other relief may be found. If the Court is correct, the declaration should state the reasons why the required information was not included in the CMS. Filing a revised CMS after the issuance of the OSC does not explain why the party failed to file a complete CMS in the first instance, does not excuse the failure to file a complete CMS when it was due under the Rules of Court, and thus is not likely to avoid the imposition of sanctions.
Document Type
Declaration In Response To Order To Show Cause
When answering an OSC for a late Case Management Statement, the declaration must state the date the CMS was filed if the Court is mistaken, or give the reasons for the late filing if the Court is correct; filing a CMS after the OSC issues will not likely avoid sanctions.
When the Court issues an OSC for the failure to file a timely CMS, it means that the Court believes that the party to whom the OSC is directed failed to file a CMS. If the Court is mistaken, the declaration in response should state the date that the CMS was filed. If the Court is correct, the declaration should state the reasons why the CMS was not filed in a timely fashion. Filing a CMS after the issuance of the OSC does not explain why the party failed to timely comply, does not excuse the failure to file the CMS when it was due under the Rules of Court, and thus is not likely to avoid the imposition of sanctions.
Document Type
Declaration In Response To Order To Show Cause
Counsel must comply with Riverside Superior Court Local Rule 3116 regarding declarations in response to orders to show cause.
If the Court issues an OSC, the Court needs counsel to comply with Riverside Superior Court Local Rule 3116, concerning declarations in response to OSCs.
Document Type
Osc Response
Counsel must comply with California Rules of Court rule 3.725 regarding case management statements.
The Court needs counsel to comply with counsel’s obligations under rule 3.725 regarding case management statements (“CMSs”).
Document Type
Case Management Statement
To avoid a continued CMC, parties must timely file complete Case Management Statements and an answer, default, or dismissal for every defendant.
If the case is not at issue, if any plaintiff or cross-complainant has failed to file a CMS, or if the CMS filed by any plaintiff or cross-complainant is incomplete, the Court will continue the CMC until those prerequisites have been met. Therefore, to avoid having to attend multiple CMCs, the parties must file in a timely fashion (a) a complete CMSs from every party and (b) an answer from, or a default or dismissal of, every defendant, cross-defendant, or defendant in intervention.
Document Type
Case Management Statement
Plaintiff's counsel must know past medical expenses by the CMS filing; if unknown, the CMS must describe the efforts to obtain the information and the nature of past treatment.
Because the CMS is not prepared until nearly six months after the case is filed, the Court expects plaintiff’s counsel to know the amount of plaintiff’s past medical expenses. If counsel does not know them, counsel should describe both the efforts made to obtain that information and the nature of the past medical treatment received by the plaintiff.
Document Type
Case Management Statement
Medical expense estimates in the CMS must be calculated in accordance with Howell v. Hamilton Meats & Provisions, Inc.
Any estimates of either past or future medical expenses should be calculated in accordance with Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541.
Document Type
Case Management Statement
In non-personal-injury tort cases, the CMS must state the nature of the loss, estimated economic damages, general damages, and punitive damages.
In a case alleging other types of torts, such as fraud, property damage, or emotional distress, counsel should state: the nature of the loss; the estimated economic damages; any general damages; and any punitive damages.
Document Type
Case Management Statement
In contract cases, the CMS must state the nature of the wrongful conduct and the amount of compensatory damages or penalties, and the amount of restitution if rescission or restitution is sought.
In a case alleging contract claims, such as for breach of contract, warranty, or lease, counsel should state both the nature of the wrongful conduct and the amount of compensatory damages or penalties. If rescission and restitution is sought, counsel shall state the amount of restitution.
Document Type
Case Management Statement
In personal injury cases, the CMS must state for each plaintiff the nature of injury, past and future medical expenses, past and future loss of earnings, other economic damages, and general damages.
For instance, in a case alleging personal injuries, counsel should state as to each plaintiff: the nature of the injury; the estimated past medical expenses; if the plaintiff is still being treated, the nature of the future treatment and the estimated future medical expenses; the estimated past loss of earnings; the estimated future loss of earnings; any other economic damages; and general damages.
Document Type
Case Management Statement
Omissions in the CMS damages description are treated as concessions: listing only past medical expenses means no future medical expenses are expected, and omitting past or future earnings losses means none are claimed.
If the CMS lists only past medical expenses, the Court will assume that no future medical expenses are expected. Similarly, if the answer describes no past loss of earnings or estimated future loss of earnings, the Court will assume that the plaintiff is not claiming any such losses.
Document Type
Case Management Statement
In multi-plaintiff cases, the CMS must describe each plaintiff's damages separately.
If there are more than one plaintiff, the damages alleged to have been suffered by each plaintiff should be described separately.
Document Type
Case Management Statement
In real property cases, the CMS must state the estimated value of the real property.
counsel should state the estimated value of that real property.
Document Type
Case Management Statement
The CMS should not combine damages and attorney's fees; the Court does not consider attorney's fees or costs when evaluating mandatory mediation or arbitration.
Conflating damages and attorney’s fees into a single figure is not helpful. In evaluating whether a case may be sent to mandatory mediation or arbitration, the Court does not consider attorney’s fees or costs of suit.
Document Type
Case Management Statement
If a CMS indicates the case will not be ready for trial within 12 months, it must explain why and estimate the trial-readiness date.
If you do not believe that the case will ready for trial within 12 months, you should both (i) explain why not and (ii) estimate when the case will be ready to be tried.
Document Type
Case Management Statement
Motions and applications must disclose any prior motion or application in the case for the same or similar relief, including who brought it, the date of ruling, and the nature of the ruling.
Any motion or application for relief should describe any prior motion or application in this case for the same or similar relief, including the name of the party who brought the prior motion or application, the date of the ruling on that motion or application, and the nature of that ruling.
Document Type
Motion Or Application
Factual assertions in motions or applications must be supported by a declaration or stipulation of facts.
All factual assertions on which a motion or application relies must be supported by competent evidence in the form of either a declaration or stipulation of facts.
Document Type
Motion Or Application
A request for judicial notice must identify the case name and number, the document name, and date filed, and should not attach a second copy of the existing document.
If the court is asked to take judicial notice of a document already filed with the Riverside Superior Court in support of or in opposition to some motion or application, the request should state (a) the name and case number of the case in which the document is filed, (b) the full name of the document, and the date on which the document was filed. A second copy of the Chapter document should not be attached to the request.
Document Type
Request For Judicial Notice
The required attempt to determine whether opposing counsel will oppose an ex parte application must be made by telephone, not by written notice.
A party making an ex parte application must, inter alia, '[a]ttempt to determine whether the opposing party will appear to oppose the application.' (Cal. Rules of Court, rule 3.1204(a)(2).) The Court does not consider written notice asking the opposing party to inform the moving party of the opposing party’s intentions to be sufficient to satisfy that rule. Instead, the attempt should be made by telephone.
Document Type
Ex Parte Application
When the court’s OSC is based on an allegedly missing proof of service, the declaration must identify the date that proof was timely filed.
If the Court is mistaken, the declaration should state the date on which the proof of service was timely filed.
Document Type
Osc Response Declaration
A party subject to an OSC for failure to serve must check the court’s online record and must not rely on memory or a personal file.
Examine the clerk’s on-line record regarding the status of the defendants or cross-defendants named in your complaint, cross-complaint, or complaint in intervention. Do not rely either on your memory or on your file.
Document Type
Osc Response Declaration
OSC responses should not attach copies of already-on-file documents; the response must instead supply the date each filing occurred.
The Court does not need, and does not want, another copy of the proof of service, answer, default, or dismissal itself. If such a document has indeed been filed, then the Court can examine it in the Court’s database so long as you provide the date on which it was filed.
Document Type
Osc Response Declaration
A good-cause declaration for failure to serve must provide five specific details: naming date, service effort dates, nature of efforts, results, and follow-up steps.
The declaration should explain (1) the date on which the defendant or cross-defendant was named, if different from the date the pleading was filed, (2) the date on which the efforts to serve occurred, (3) the nature of those efforts, (4) the results of those efforts, and (5) the date and nature of the additional steps taken in response to those results.
Document Type
Osc Response Declaration
The OSC response declaration must identify every Serve Required/Served party and separately explain the clerk’s error or good cause for each.
Your declaration should identify each defendant or cross-defendant named in your pleading that the clerk describes as either Serve Required or Served. As to each one, the declaration should separately explain either (i) why the clerk is mistaken or (ii) why there is good cause for the failure to serve the defendant or take the default.
Document Type
Osc Response Declaration
A declaration responding to an OSC must explain the decision if an extension longer than 15 days permitted under CRC Rule 3.110(d) was granted.
If you have granted an extension longer than the 15 days permitted under California Rules of Court, rule 3.110(d), then the declaration should explain that decision.
Document Type
Declaration In Response To Order To Show Cause
The CMS should give month-and-year completion estimates for each discovery item; vague responses like "pending" or "TBD" are not helpful.
An estimate of the month and year that each item of discovery is likely to be completed is helpful. By contrast, responses such as “pending,” “on-going,” “TBD,” “per code,” and “before trial” are not.
Document Type
Case Management Statement
A second CMS is not required unless the Court orders it (typically for an incomplete initial CMS) or there is a material change in the relief sought.
A party is not required to file a second CMS unless: a. The Court orders the party to do so, which the Court will do if the first CMS is incomplete; or b. There has been a material change in either the nature or the amount of the relief sought.
Document Type
Second Cms
The CMS should list each specific form of discovery contemplated rather than merely stating "all discovery."
A list of each form discovery contemplated is helpful. A CMS that simply states “all discovery” is not.
Document Type
Case Management Statement
Filing & Service rules
Filing Timing and Cure Windows
Plaintiffs and cross-complainants must request entry of default no later than 10 days after the time for service of the responsive pleading has elapsed.
California Rules of Court, rule 3.110(g), requires plaintiffs and cross-complainants to request entry of default no later than 10 days after the time for service of the responsive pleading has elapsed. The Court expects counsel to comply with this rule. The failure to comply will result in the issuance of an OSC why sanctions should not be imposed, in the continuance of the CMC, or in both.
Page 3 | D. DEFAULTS AND EXTENSIONS OF TIME TO RESPOND
Parties must file a Case Management Statement on Form CM-110 no later than 15 days before the CMC.
California Rules of Court, rule 3.725, requires the parties, either jointly or separately, to file a CMS on Form CM-110, no later than 15 days in advance of the date set for the CMC. The Court expects counsel to comply with this rule. The failure to comply will result in an OSC why sanctions should not be imposed for the failure to file a timely CMS and in the continuance of the CMC.
Page 4 | F. CASE MANAGEMENT CONFERENCES
Requests to be excused from an MSC must be presented to Department 1 at least 10 days before the conference.
Any request to excuse any attorney, party, or insurance claims professional from personally participating in the MSC should be: a. Presented to Department 1 at least 10 days before the MSC.
Page 11 | I. MANDATORY SETTLEMENT CONFERENCES
A denial statement is not an invitation to resubmit; repeat ex parte applications are governed by Code of Civil Procedure section 1008, and a denied application may not be refiled without compliance.
When denying an ex parte application, the Court will usually state the reasons for that denial. That statement is designed to demonstrate that the application has been read and considered. It is not an invitation to submit an amended application. Like repetitive motions, repetitive ex parte applications are subject to the restrictions of Code of Civil Procedure section 1008. If your ex parte application has been denied, do not re-file a substantially similar application without complying with section 1008.
Page 13 | Ex Parte Applications in General
A stipulated continuance under CCP 595.2 does not itself extend discovery, discovery, or dispositive-motion deadlines; those deadlines still run from the original trial date absent good cause.
Section 595.2 permits a continuance of the trial without cause, but it does not confer the right to an extension of pretrial deadlines for discovery, dispositive motions, etc., without good cause. Therefore, without a showing of good cause, the deadlines will continue to be measured from the initial trial date.
Page 14 | K. MOTIONS AND APPLICATIONS TO CONTINUE TRIAL
A request for a trial continuance must be made as soon as it becomes reasonably practicable and must disclose when the applicant first discovered the need.
i. Any request for a continued existence must be made as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, rule 3.1332(b).) Therefore, the request should state when the applicant discovered the circumstances that allegedly show that a continuance is necessary.
Page 16 | Motions and Applications to Continue Trial
Noticed motions will not be heard on Fridays except for motions to continue a trial scheduled to begin that Friday.
Noticed motions are not heard on Fridays unless they are motions to continue a trial scheduled to begin on that Friday.
Page 13 | A. PRETRIAL PROCEEDINGS IN DEPARTMENT 1
Counsel must appear telephonically at motion hearings.
Counsel shall appear at hearings on motions telephonically.
Page 13 | A. PRETRIAL PROCEEDINGS IN DEPARTMENT 1
Ex parte applications are heard on weekday mornings except Fridays, unless seeking a Friday trial continuance.
Ex parte applications are heard at 8:30 A.M. Monday through Thursday. Ex parte applications are not heard on Fridays unless the application seeks a continuance of a trial set to begin that Friday.
Page 13 | Ex Parte Applications in General
If the Court denies an ex parte application without a hearing, the minute order is entered no later than the day before the hearing, and counsel must check the online docket to see if the hearing was vacated.
The Court has the discretion to deny any ex parte applications without a hearing. If the Court does so, a minute order will be entered no later than the day before the scheduled hearing. It is the responsibility of counsel to check the online docket to determine whether the Court has denied the application and vacated the hearing.
Page 13 | Ex Parte Applications in General
Service and Proof of Service Rules
Plaintiff's counsel must serve all defendants and file proofs of service within 60 days of filing the complaint.
California Rules of Court, rule 3.110(b), requires plaintiff’s counsel to serve all defendants and to file all proofs of that service within 60 days of the filing of the complaint.
Page 2 | C. SERVICE OF SUMMONS AND COMPLAINT
Cross-complainant's counsel must serve all cross-defendants and file proofs of service within 30 days of filing the cross-complaint (sentence cut off in source).
California Rules of Court, rule 3.110(c), requires cross-complainant’s counsel to serve all cross-defendants and to file all proofs of that service within 30 days of
Page 2 | C. SERVICE OF SUMMONS AND COMPLAINT
Counsel must comply with California Rules of Court rule 3.110 regarding service of process and entry of default.
The Court needs counsel to comply with counsel’s obligations under California Rules of Court, rule 3.110, regarding service of process and entry of default.
Page 2 | B. CASE MANAGEMENT IN GENERAL
Counsel may not delay service of the complaint because an amended complaint is expected; filing an amended complaint does not excuse the 60-day service deadline.
Counsel shall not delay service of the complaint merely because counsel expects to file an amended complaint. The filing of an amended complaint does not excuse the failure to comply with rule 3.110(b).
Page 2 | C. SERVICE OF SUMMONS AND COMPLAINT
As soon as an MSC order is issued, trial counsel must mail a copy of it to all handling insurance claims.
Immediately upon learning of an order setting an MSC, trial counsel for each party should mail a copy of that order to all handling insurance claims
Page 11 | I. MANDATORY SETTLEMENT CONFERENCES
A party obtaining an order must promptly serve it on all parties and file a proof of service with the Court.
Any party who obtains an order as a result of any motion, application, or stipulation filed by that party should promptly (a) serve a copy of that order on all parties and (b) file a proof of that service with the Court.
Page 12 | J. MOTIONS & APPLICATIONS IN GENERAL
A request to be excused from an MSC must be served on all parties.
c. Be served on all parties.
Filing Fees and Waivers
Jury fees must be deposited on or before the initial CMC date even if the CMC is vacated or continued; failure forfeits the right to a jury trial.
Code of Civil Procedure section 631 requires jury fees to be deposited on or before the date scheduled for the initial CMC. The Court expects counsel to comply with that statute even if that CMC is subsequently vacated or continued. The failure to comply will result in a forfeiture of the party’s right to a jury trial.
Page 7 | F. Case Management Conferences
The Court will not grant relief based on a stipulation if the party has not yet paid its first-appearance fee.
The Court will not grant any relief based on a stipulation of a party that has not yet paid its first-appearance fee.
Page 12 | J. MOTIONS & APPLICATIONS IN GENERAL
The filing fee for the underlying motion must be paid before bringing an ex parte application for an order shortening time, unless a fee waiver was obtained.
paid the appropriate filing fee for the motion (or obtained a fee waiver)
Page 13 | Ex Parte Applications in General
Filing Bundling Requirements
Counsel need not lodge copies of out-of-state authorities unless the authority is unavailable on Lexis or Westlaw.
Counsel need not lodge copies of out-of-state authorities to which they have cited unless that authority is not available on Lexis and Westlaw.
Page 12 | J. MOTIONS & APPLICATIONS IN GENERAL
Adjournment & Extension Requirements
Plaintiffs and cross-complainants may grant extensions of time to respond of at most 15 days; open extensions are prohibited.
California Rules of Court, rule 3.110(d), limits the authority of plaintiffs and cross-complainants to grant extensions of time in which to file responsive pleadings to a maximum of 15 days. The Court expects counsel to comply with this rule. “Open extensions” to respond are not permitted.
Page 3 | D. DEFAULTS AND EXTENSIONS OF TIME TO RESPOND
The case being unready on the TSC date is not good cause to continue the TSC; readiness should be assessed five to six months out.
That a case is not ready for trial as of the date of the TSC is not good cause for the continuance of the TSC. The relevant consideration is whether the case can be ready for trial five to six months in the future.
Page 8 | G. Trial Setting Conferences
Requests to continue a hearing, CMC, TSC, or status statement must be supported by a declaration/stipulation and be accompanied by a proposed order.
Any request to continue a hearing, or shall continue a CMC, a TSC, or a status conference should be supported by a declaration or stipulation establishing the facts that demonstrate good cause for that relief, and accompanied by a proposed order.
Page 12 | J. MOTIONS & APPLICATIONS IN GENERAL
Trial continuances other than permitted stipulated continuations require an affirmative factual showing of good cause for both the continuance and its length; stipulation, agreement, and settlement intentions are not good cause.
With the exception of continuances that are granted pursuant to paragraph 2, above, no trial may be continued absent an affirmative showing of the facts that demonstrate good cause for a continuance. Good cause should be shown both for a continuance and a continuance of the length requested. A stipulation of good cause does not constitute of another factual showing. The fact that the parties agree to a continuance does not constitute good cause. A desire to mediate or engage in settlement negotiations does not constitute good cause. Once the trial date has been set, counsel should be preparing for trial at the same time that counsel continue their efforts to settle the case.
Page 14 | K. MOTIONS AND APPLICATIONS TO CONTINUE TRIAL
Under CCP 595.2, the Court will grant a stipulated continuance without good cause only if the trial is within 18 months of filing, has never been continued, considers no more than 28 days, and the stipulation/proposed order is submitted at least five court days in advance.
Code of Civil Procedure section 595.2 authorizes the Court to grant stipulated continuances of up to 30 days without a showing of good cause. However, that section has been held to the Court will continue the trial pursuant to that section—and thus without a showing of good cause—only under the following conditions: the current trial date is no more than 18 months after the filing date of the complaint; the trial date has not previously been continued for any reason; the requested continuance is for no more than 28 days; and a written stipulation by all parties and a proposed order has been submitted at least five court days in advance of the trial date.
Page 14 | K. MOTIONS AND APPLICATIONS TO CONTINUE TRIAL
Trial dates are firm; requests to continue trial will be closely scrutinized and are likely to fail.
To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as firm. Trial dates are not firm and certain if they are easily continued. Therefore, counsel should expect any effort to continue a trial to be closely scrutinized and likely to fail.
Page 14 | K. MOTIONS AND APPLICATIONS TO CONTINUE TRIAL
Counsel must observe the limitations on trial continuances under California Rules of Court rule 3.1332.
The Court needs counsel to observe the limitations under California Rules of Court, rule 3.1332, regarding continuances of trials.
Page 2 | B. CASE MANAGEMENT IN GENERAL
Extensions to respond must not set a response date less than 15 days before a scheduled CMC.
No plaintiff or cross-complainant should extend time for the filing of responsive pleadings to any date less than 15 days before a scheduled CMC.
Page 3 | D. DEFAULTS AND EXTENSIONS OF TIME TO RESPOND
A desire to engage in private mediation before trial is not, good, good cause to continue a TSC or set a trial date more than six months away.
By itself, the desire to engage in private mediation prior to trial will generally not be considered to constitute good cause for either continuing a TSC or setting a trial date more than six months in the future.
Page 8 | G. Trial Setting Conferences
A desire to file a pretrial motion such as summary judgment is not, by itself, good cause to continue a TSC or set a trial date more than six months away.
By itself, the desire to file a particular motion, such as a motion for summary judgment, prior to trial will generally not be considered to constitute good cause for either continuing a TSC or setting a trial date more than six months in the future.
Page 8 | G. Trial Setting Conferences
The Court intends to hold one TSC per case; counsel should expect a trial date to be set at the TSC rather than continued.
The Court intends to hold only one TSC per case. Counsel should assume that a trial date will be set at the TSC rather than the TSC being continued.
Page 8 | G. Trial Setting Conferences
Failure to complete discovery or trial preparation is a good cause for a continuance only if the party was reasonably diligent.
The failure to complete discovery or other trial preparation is good cause for a continuance only if a party has been reasonably diligent in attempting to prepare for trial.
Page 14 | K. MOTIONS AND APPLICATIONS TO CONTINUE TRIAL
If principal trial counsel is engaged in another trial, the trial will be trailed until counsel becomes available or continued, in the Court's discretion.
If the principal trial counsel is engaged in trial on another matter, the trial of the present case will be either (a) trailed until counsel becomes available or (b) continued, in the Court's discretion.
Page 10 | H. TRIAL CALLS
Chambers Communication Rules
All Department 1 appearances must be made by telephone through the Court's Webex system (CourtCall prohibited), with the clerk providing the call-in number and a constant meeting number of 800-686-489.
Until further notice, all appearances in Department 1 shall be made via telephone, and all telephonic appearances shall be made via the Court’s Webex system. CourtCall will not be used. The clerk shall advise the parties of (1) the telephone number to call in order to appear and (2) the meeting number. The meeting number for all appearances in Department 1 will always be the same: 800-686-489.
Page 22 | O. TELEPHONIC APPEARANCES
Counsel must appear telephonically at OSC hearings.
Counsel shall appear at hearings on OSCs telephonically.
Page 22 | M. ORDERS TO SHOW CAUSE
Counsel must not call the Department 1 clerk to confirm docket information.
Do not call the clerk of Department 1 to confirm that what the docket says is correct. The courtroom clerk has no information different from or in addition to that shown on the online docket.
Page 3 | E. HEARINGS IN DEPARTMENT 1
The Court will not provide telephonic or email notice of hearing changes; counsel must check the online docket late in the afternoon before the hearing.
When those changes are made, a minute order will be mailed to notify parties and counsel. The Court will no longer provide telephonic or email notice. Instead, it is the responsibility of counsel to determine whether hearings remain on calendar by reviewing the Court’s online docket late in the afternoon of the day before the hearing had been scheduled to occur.
Page 3 | E. HEARINGS IN DEPARTMENT 1
Counsel must also contact the clerk’s office to correct record errors by identifying the dates of overlooked filed documents.
In addition to filing a timely declaration in compliance with RSC Local Rule 3116, the Court expects you to speak to the clerk’s office in an effort to correct those errors by pointing out to the clerk the dates of the overlooked proof of service, answer, entry of default, or dismissal, as the case may be.
Page 20 | Orders to Show Cause
Chambers may be contacted by email at dept1@riverside.courts.ca.gov.
Email Address: dept1@riverside.courts.ca.gov
Page 2 | DEPARTMENT 1: CONTACT INFORMATION
The Judicial Secretary can be reached by phone at 951-777-3073.
Judicial Secretary (Secretary): 951-777-3073
Page 2 | DEPARTMENT 1: STAFF
The Courtroom Assistant (Clerk) can be reached by phone at 951-777-3049.
Courtroom Assistant (Clerk): 951-777-3049
Page 2 | DEPARTMENT 1: STAFF