San Diego Superior Court Adjournment & Extension Requirements

CRITICAL

Parties must notify the arbitrator and the court of a continuance or inability to proceed at least two court days before the arbitration hearing; failure may lead to an order to show cause regarding $150 or other sanctions after written notice from the court.

In addition to the provisions of the California Rules of Court, rule 3.829, regarding notification of settlement, failure of the parties to notify the arbitrator and the court of a continuance or their inability to proceed at least two court days prior to the time set for the arbitration hearing may, upon written notice given by the court, result in an order to show cause why the parties should not pay $150 or other sanctions.

CRITICAL

The action will be dismissed when the 180-day stay expires unless a noticed motion establishes good cause; any granted extension may not exceed 180 days.

Upon the expiration of the 180-day stay period, the action will be dismissed unless, upon noticed motion, good cause is shown to the contrary. If such motion is granted, the stay may be extended, but such an extension will not exceed 180 days.

CRITICAL

The court must grant an initial stay of at least 90 days if the servicemember may have a defense that requires their presence or counsel cannot contact the defendant or determine whether a meritorious defense exists despite due diligence.

The court must grant a 90-day or longer initial stay if there may be a defense to the proceeding which the servicemember cannot present without being present, or if after due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists.

CRITICAL

Mediation may last up to 180 days; parties seeking an extension must either file a stipulation stating the future mediation date or request an extension from the mediator in 30-day increments, subject to court approval.

Cases may be referred to mediation for up to 180 days. If parties request an extension of time for mediation, they must file a stipulation indicating the date of the future mediation session. Alternatively, they may contact the mediator to request an extension in 30-day increments which will be subject to approval by the court. In all cases, the court will generate a Reappointment of Mediator notice if the extension is approved.

CRITICAL

A party requesting a continuance must timely serve the request on all parties and file proof of service with the court.

Any party submitting a request to continue a hearing in a small claims matter must timely serve a copy of the request on all parties in the action, and file proof of service of the request with the court.

CRITICAL

A servicemember may seek an additional stay using the same procedure as the original request; if the court denies it, the court must appoint counsel.

The servicemember may apply for an additional stay in the same manner as the original request. If the court refuses to grant the additional stay, the court must appoint counsel to represent the servicemember in the proceeding.

CRITICAL

To obtain an extension of time from the 180-day dismissal notice rule, the parties must appear ex parte in the appropriate department.

Civil actions classified as “other,” including but not limited to petitions for extraordinary relief and small claims appeals, will be noticed for dismissal 180 days after the filing of the first document conferring court jurisdiction, unless the parties appear ex parte in the appropriate department and obtain an extension of time.

CRITICAL

The court must grant a stay of at least 90 days when the servicemember explains how military duties affect the ability to appear and gives an available date, and the commanding officer confirms that military duties prevent appearance and leave is not authorized for the hearing.

The court must grant a minimum 90-day stay of the proceedings if the servicemember communicates that military duty requirements materially affect the servicemember’s ability to appear, stating a date when the servicemember will be available, and if the servicemember’s commanding officer communicates that the servicemember’s current military duties prevent an appearance and leave is not authorized at the time of the hearing.

CRITICAL

The parties may not modify, extend, or avoid a court-rule or court-order deadline by stipulation unless Government Code section 68616 permits it or the court approves the change in advance.

However, no procedure or deadline established by these rules or order of the court may be modified, extended or avoided by stipulation or agreement of the parties, except as permitted by Government Code section 68616, unless approved by the court in advance of the date sought to be altered.

CRITICAL

A request for relief from the 60-day service requirement must be made by written application under rule 3.110(e).

Any relief from the 60-day requirement must be by written application as set forth in rule 3.110(e).

CRITICAL

A hearing remains scheduled as set unless the court serves a notice continuing it.

Hearing dates remain as set unless the court serves a notice continuing the hearing.

CRITICAL

The court may treat failure to advise it at least five court days before a settlement conference that it will not proceed as scheduled as an order violation punishable by sanctions, except when the entire case settles within that five-court-day period.

Failure to advise the court at least five court days before the settlement conference that it will not proceed as scheduled, for any reason other than the settlement of the case in its entirety within the five court day period, may be deemed by the court to be a violation of an order of the court, punishable by monetary sanctions payable to the court under Code of Civil Procedure section 177.5 and/or Code of Civil Procedure section 575.2, as well as any other sanction provided by law.

CRITICAL

A party seeking to continue the settlement conference must appear ex parte and show good cause; a stipulation signed by all parties and accompanied by a good-cause declaration may be presented at the hearing.

B. Continuances. Any party requesting a continuance must appear ex parte and show good cause why the settlement conference should be continued. At the ex parte hearing, a stipulation may be presented to the court, signed by all parties, accompanied by a declaration showing good cause.

WARNING

If the court sustains an objection to remote appearance, it may continue the evidentiary hearing or trial to allow the parties or witnesses to appear in person.

If the court sustains the objection, the evidentiary hearing or trial may be continued to a later time or date to allow the parties and/or witness(es) to appear in person.

WARNING

A continuance of the Case Management Conference may be requested ex parte with a declaration showing good cause.

Continuances may be requested ex parte with a declaration showing good cause why the conference should be continued.

WARNING

A judgment debtor examination may be continued if all parties and the person or entity ordered to appear stipulate and the court approves.

E. Continuances. One or more continuances of a judgment debtor examination may be allowed upon stipulation of all parties, joined by the person or entity ordered to appear, and approved by the court.

WARNING

The court discourages continuances and encourages timely resolution of civil actions, including matters submitted to ADR.

The San Diego Superior Court discourages any unnecessary delay in civil actions; therefore, continuances are discouraged and timely resolution of all actions, including matters submitted to any form of Alternative Dispute Resolution (“ADR”), are encouraged.

WARNING

After the stay period expires, the court may extend the stay if good cause is shown.

Upon the expiration of the stay period, the court may extend the stay for good cause shown.

WARNING

The court discourages continuances; if a continuance is denied or 90 days have elapsed since appointment, all parties must appear before the ordering judge, and the court may sanction a continuance request not made with good cause.

The court discourages continuances. Rules regarding continuances of arbitration hearings are set forth in the California Rules of Court. Rules regarding the completion of cases within 90 days and the reappointment of an arbitrator for good cause are set forth in the California Rules of Court. If a continuance is denied or 90 days have elapsed from the time of appointment, it is mandatory that all parties appear before the judge who ordered the case to judicial arbitration. If it appears to the court that a request for continuance is not made with good cause, the court may impose monetary sanctions upon the requesting party.

INFO

The court may stay the action on its own motion for at least 90 days.

The court may, on its own motion, stay the action for a minimum 90 day stay.

INFO

A person holding the servicemember’s power of attorney may appear in court for them to request an initial or additional stay.

Any individual holding a power of attorney from the servicemember may appear in court on their behalf to request a stay or additional stay.

INFO

A request to reset the matter may be made at trial or earlier.

Requests for resetting may be made at the time of trial or earlier.