Judge Nadia J. Keilani
Individual Rules, Standing Orders & Policies
Document Filing Requirements8 rules
A request to waive notice will not be considered when the recipient or address is unknown unless the CRC 7.52 declaration is submitted.
The Court will not consider a request to waive notice when the recipient or the recipient's address is unknown unless the declaration required by California Rule of Court 7.52 is submitted.
Document Type
Ex Parte Application
Ex parte applicants must comply with SDSC Rules 4.7.5 and 4.7.6, including submitting a separately prepared proposed order.
In addition to compliance with California Rules of Court 3.1200 et seq., all applicants for ex parte relief must comply with San Diego Superior Court Rules 4.7.5 and 4.7.6, including submission of a separately prepared proposed order.
Document Type
Ex Parte Application
An Ex Parte Application requires an affirmative factual showing, by declaration of competent, personal-knowledge testimony, of irreparable harm, immediate danger, or another statutory basis for relief.
Counsel are reminded that, per California Rule of Court 3.1202(c), an Ex Parte Application requires an affirmative factual showing by declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger or some other statutory basis for ex parte relief.
Document Type
Ex Parte Application
Every request for an Ex Parte order must include a Declaration of Notice complying with CRC 3.1204.
A separate Declaration of Notice that complies with California Rule of Court 3.1204 must accompany every request for an Ex Parte order.
Document Type
Ex Parte Application
An overbidding party must present proof of an appropriate deposit when submitting the SDSC PR-65 form at the hearing.
Any overbidding party must present proof of an appropriate deposit when submitting the SDSC PR-65 form at the hearing.
Document Type
Increased Bid Open Court
A reservation for a contested ex parte hearing is obtained by submitting the PR-136 Ex Parte Coversheet with the application and order to the Business Office; the number of reservations is limited.
A reservation may be obtained by submitting to the Business Office the Probate Ex Parte Coversheet (PR-136) with an Ex Parte Application and order. There is a limit on the number of reservations.
Document Type
Ex Parte Application
To satisfy the 'responsible person' requirement, the overbidding party is expected to have certified funds or cashier's checks equal to at least 10% of the bid plus a loan qualification letter or bank statements at the confirmation hearing.
In making the determination whether the “responsible person” requirement has been met, the court will consider whether the overbidding party has in his or her possession at the confirmation hearing sufficient certified funds or cashier’s checks as a deposit in an amount equal to at least 10% of the amount he or she will bid, and a loan qualification letter or bank statements verifying the buyer’s ability to complete the sale.
Document Type
Increased Bid Open Court
Trial briefs must include enumeration of issues and party positions with relief sought, statements of applicable facts and law including standards and burdens of proof, unusual evidentiary or legal issues, and all stipulated facts.
Trial briefs should include: (a) enumeration of the issues to be tried and the parties’ positions thereon, including the relief sought (and any specific dollar amounts sought) on the enumerated issues; (b) statements of the applicable facts and law, including the applicable standard(s) of proof, the party bearing the burden of proof and any burden shifting; (c) any unusual evidentiary or legal issues anticipated at trial; and (d) all matters of fact to which the parties stipulate.
Document Type
Trial Brief
Filing & Service rules
Filing Timing and Cure Windows
Contested ex parte moving papers and declarations must be filed by 10:00 a.m. on the court day preceding the hearing.
Moving papers, and declarations, should be filed by 10:00 a.m. on the court day preceding the hearing.
Page 1 | Contested and/or Personal Appearance Ex Parte Applications
The SDSC PR-65 Increased Bid in Open Court form must be completed, signed, and filed before the conclusion of the hearing, or confirmation is not effective.
When there is a successful overbid in open court on a sale of real property, an “Increased Bid in Open Court” (SDSC PR065) must be completed, signed, and filed with the court before the conclusion of the hearing; otherwise, confirmation is not effective.
Page 2 | Hearings on Sales of Real Property
Service and Proof of Service Rules
Ex parte applications and written oppositions must be served on all other appearing parties at the first reasonable opportunity; absent exceptional circumstances, no hearing occurs without such service.
Parties appearing ex parte must serve the application, or any written opposition, on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing shall be conducted unless such service has been made.
Page 1 | Contested and/or Personal Appearance Ex Parte Applications
Chambers Communication Rules
Counsel must confirm with the Clerk that exhibits are properly marked before the commencement of trial.
Please confirm with the Clerk that exhibits have been properly marked prior to the commencement of trial.
Page 2 | Trials and Evidentiary Hearings
Counsel should notify the Clerk at the earliest opportunity when a matter settles or a hearing becomes unnecessary.
If a matter settles, or a hearing otherwise becomes unnecessary, counsel should notify the Clerk at the earliest opportunity so that limited Court resources will not be expended reviewing the matter.
Page 1 | Law and Motion
If all counsel wish to submit on the tentative ruling rather than appear for argument, counsel should contact the department clerk to advise the Court.
If all counsel wish to submit on the Tentative Ruling rather than appear for argument, please contact the department clerk to advise the Court.
Page 1 | Law and Motion