Judge Mark T. Cumba
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Ex Parte Application
- Chambers Drop Off • Noon Day Before Hearing
Communication
Phone
Clerk
Phone
Clerk
Page & Word Limits1 rule
Each party's IDC statement is limited to three pages.
In advance of the IDC, each party should submit a concise statement, no more than three (3) pages in length, stating the party's position regarding the dispute.
Idc Statement
3 pages
Document Filing Requirements3 rules
Default judgment papers must comply with CRC rule 3.1800; noncomplying papers will be returned with defects noted.
Papers must comply with California Rules of Court, rule 3.1800. Noncomplying papers will be returned with a notation of defects.
Document Type
Default Judgment
Virtual appearance at Trial Call requires prior submission of a Joint Trial Notebook containing ten specified items.
The Court allows virtual appearances at Trial Call only if parties previously submitted a Joint Trial Notebook, containing: 1. Table of Contents 2. Copy of Joint Trial Readiness Report 3. Copies of Motion in Limine and Oppositions (in order) 4. Joint Witness List (with description of witnesses' expected testimony) 5. Joint Exhibit List (with objections noted) 6. Copies of Trial Briefs (if any) 7. Joint Statement of the Case 8. Proposed Voir Dire Questions (if any) 9. Jury Instructions (packet agreed upon and packet of those not agreed upon, with indication of who is offering and objecting) 10. Special Verdict Form (either an agreed upon form or each side's proposed forms). If the parties fail to make a genuine effort to limit disputes on the form of the special verdict, a general verdict form will be utilized.
Document Type
Joint Trial Notebook
All exhibits must be pre-marked in an up-to-date exhibit binder.
Document Type
Exhibit Binder
Filing & Service rules
Filing Timing and Cure Windows
Ex parte papers must be filed by noon the day before the hearing; the court may not consider any late-filed papers.
Ex parte papers must be filed with the court and courtesy copies of all e-filed documents delivered to the Department 65 drop box no later than noon the day before the hearing, with the appropriate fee, in compliance with San Diego County Superior Court Rule 2.1.19. The court may not consider any late-filed papers.
Page 1 | Ex Parte Matters
Oppositions to motions in limine must be filed at least two court days before Trial Call.
Oppositions to MILs must be filed at least two (2) court days prior to Trial Call pursuant to San Diego County Superior Court Rule 2.1.18.
Page 2 | Trial Calls
The Joint TRC Report must be submitted five court days before the scheduled TRC.
Parties must submit their Joint TRC Report five (5) court days before the scheduled TRC.
Page 2 | Trial Readiness Conferences (TRCs)
Motions in limine must be filed at least five court days before Trial Call.
Motions in limine must be filed at least five (5) court days prior to Trial Call
Page 2 | Trial Calls
An IDC does not toll the deadline to file a motion to compel, though parties may stipulate to extend deadlines.
An IDC does not toll the statutory deadline to file a motion to compel. The parties may, however, stipulate to extend deadlines to help facilitate a resolution of a discovery dispute without the need for a motion.
Page 1 | Informal Discovery Conferences (IDCs)
Trial counsel must appear in person at the TRC if the joint report was not timely filed and the matter is unresolved.
If a joint TRC report is not timely filed and the matter has not fully resolved, trial counsel must appear in person at the TRC.
Page 2 | Trial Readiness Conferences (TRCs)
Service and Proof of Service Rules
Applications for orders to serve by publication may be submitted without an appearance; supporting affidavits are scrutinized for compliance with CCP 415.50(a).
Applications requesting an order to serve by publication may be submitted for review without an appearance. Affidavits will be scrutinized to determine whether the applicant is in compliance with Code of Civil Procedure section 415.50, subdivision (a).
Page 1 | Orders to Serve by Publication
Exhibits and demonstrative aids used in opening statements must be shared with opposing counsel in advance.
All exhibits, demonstrative aids, or other material to be used in opening statements must be shared with opposing counsel in advance.
Page 2 | Trial Calls
Filing Fees and Waivers
Ex parte papers must be filed with the appropriate fee per San Diego County Superior Court Rule 2.1.19.
Ex parte papers must be filed with the court and courtesy copies of all e-filed documents delivered to the Department 65 drop box no later than noon the day before the hearing, with the appropriate fee, in compliance with San Diego County Superior Court Rule 2.1.19.
Page 1 | Ex Parte Matters
Courtesy Copy Requirements
Ex parte papers must be filed with courtesy copies delivered to the Department 65 drop box by noon the day before the hearing.
Ex parte papers must be filed with the court and courtesy copies of all e-filed documents delivered to the Department 65 drop box no later than noon the day before the hearing, with the appropriate fee, in compliance with San Diego County Superior Court Rule 2.1.19.
Page 1 | Ex Parte Matters
Sealing & Redaction Procedures
Protective orders and sealing must comply with CRC rules 2.550 and 2.551; records are not sealed on stipulation alone, and sealed substantive motions are not decided until after the sealing hearing.
Proposed stipulated protective orders for protection of confidential information will only be approved if the language in the proposed order is consistent with California Rules of Court, rules 2.550 and 2.551. Motions and applications to seal must comply with rules 2.550 and 2.551. Records will not be sealed based solely on the agreement or stipulation of the parties. If documents have been lodged conditionally under seal in support of/opposition to a motion, the substantive motion will not be decided until after the hearing on the motion or application to seal. Parties may appear ex parte to request a hearing on a motion to seal in advance of a pending substantive motion, or alternatively, to continue the substantive motion.
Page 1 | Stipulated Protective Orders/Motions to Seal
Filing Bundling Requirements
MILs and oppositions should be submitted in a second combined notebook (not separate notebooks), and no replies to MILs should be submitted.
Parties should also submit a second notebook containing Motions in Limine (MILs), followed by Oppositions, if any (not separate notebooks). No replies to MILs should be submitted.
Page 2 | Trial Calls
Pre-Motion Conference Requirements
Before an IDC, parties must meet and confer in good faith and each submit a concise statement (max 3 pages) stating their position.
Before reserving an IDC, parties must actually meet and confer to discuss the dispute (an email/letter is insufficient) and make a good faith effort to resolve the dispute. In advance of the IDC, each party should submit a concise statement, no more than three (3) pages in length, stating the party's position regarding the dispute.
Page 1 | Informal Discovery Conferences (IDCs)
Chambers Communication Rules
The calendar clerk can be reached by phone at 619-450-7303 from 8:00 a.m. to 3:00 p.m.
Calendar Clerk: 619-450-7303 (Phone hours 8:00 a.m. to 3:00 p.m.)
Page 1 | Courtroom Staff
The courtroom clerk can be reached by phone at 619-450-7065.
Courtroom Clerk: 619-450-7065
Page 1 | Courtroom Staff