San Diego Superior Court Document Filing Requirements

CRITICAL

Applies to

Affiliation disclosure

An affiliation between the receiver and a proposed property management company must be fully disclosed to the parties and the court.

If the proposed property management company is affiliated with the receiver, full disclosure of the affiliation must be made to the parties and the court.

CRITICAL

Applies to

Trial request

Limited unlawful detainer trial requests and counter-requests must use JC Form #UD-150; its reverse-side proof of service must be completed and submitted after service, and a counter-request must be filed within five days of the trial request.

In limited unlawful detainer cases, there is a mandatory Judicial Council form that must be filled out and submitted to request that the case be set for trial. In addition to filling out the front of the mandatory form, the proof of service on the reverse side of the form must be filled out and submitted after the opposing party has been served with the request or counter-request to set the case for trial. A counter-request must be filed within five days of the filing of the trial request. The mandatory form to be used for a request or counter- request to set a case for trial is JC Form #UD-150, and may be obtained by going to the Judicial Council of California website at http://www.courts.ca.gov.

CRITICAL

Applies to

Petition to withdraw funds from blocked account

A mailed petition to withdraw funds from a blocked account must include the petitioner's notarized signature and copies of a birth record and photo identification notarized as true copies of the original.

Petitions submitted by mail must include petitioner’s notarized signature and a copy of a birth record and photo identification, each of which must be notarized that “IT IS IN FACT A TRUE COPY OF THE ORIGINAL.”

CRITICAL

Applies to

Petition to withdraw funds from blocked account

A petition to withdraw funds from a blocked account submitted before the minor reaches majority must include documentation supporting the requested distribution.

Petitions submitted before the minor reaches the age of majority must include documentation to support the requested distribution.

CRITICAL

Applies to

Petition to compromise minor claim

A minor’s compromise petition may be filed in a limited civil case only when an action is already pending there; otherwise, it must be filed as an unlimited civil case.

A petition to compromise claims on behalf of minors may be filed in a limited civil case only if an action is already pending in that case. Otherwise, it must be filed as an unlimited civil case.

CRITICAL

Applies to

False claims act case

A False Claims Act case must be submitted with the mandatory Judicial Council Confidential Cover Sheet False Claims Action (JC Form #CM-011).

A mandatory Judicial Council Confidential Cover Sheet False Claims Action (JC Form #CM-011) must be submitted with any False Claims Act case.

CRITICAL

Applies to

Arbitration hearing submission

Unless excused by the arbitrator, each attorney must submit the listed arbitration materials to the arbitrator at the hearing or another time designated by the arbitrator.

At the time of the arbitration hearing, or at any other time designated by the arbitrator, each attorney must submit to the arbitrator (not the court) the following, unless excused from doing so by the arbitrator: a. Copies of any offered pleading, arranged chronologically and appropriately highlighted; b. Copies of any offered deposition transcript or record appropriately highlighted; c. An arbitration brief consisting of: (1) A concise statement of facts; (2) Legal and factual contentions of each party; (3) A statement of damages sought to be awarded including the amount claimed, medical expenses, and property damage; (4) Copies of medical reports and bills; (5) Copies of appraisals/repair estimates; and (6) Copies of repair bills.

CRITICAL

Applies to

Elisor application and proposed order

An elisor application and proposed order must designate the clerk or clerk’s designee and name the parties and the capacity in which they will sign.

When applying for an appointment of an elisor, the application and proposed order must designate “The Clerk of the Court or Clerk’s Designee” as the elisor and specifically name the parties for whom the elisor is being appointed and in what capacity they are to sign the document.

CRITICAL

Applies to

Deposition notice

A deposition may not be noticed for taking before the court or in court-controlled premises without the presiding judge’s express written approval.

No deposition may be noticed for taking before the court, or in any room or quarters under the control of the court, without the express approval in writing of the presiding judge.

CRITICAL

Applies to

Juror questionnaire

Proposed juror questionnaires must include a Juror Questionnaire Cover Sheet.

If counsel proposes juror questionnaires, the questionnaires must be accompanied by a Juror Questionnaire Cover Sheet

CRITICAL

Applies to

Notice of lodgment

A notice of lodgment must be filed in an original and one copy and include a numbered list and brief description of every lodged item.

File an original and one copy of a notice of lodgment that includes a numbered listing and brief description of all lodged items.

CRITICAL

Applies to

Guardian ad litem application

A guardian ad litem application must include the specified Judicial Council and San Diego forms and state whether each of the three listed circumstances applies.

Guardian Ad Litem applications must include Attachment to JC Form #CIV-010/FL-935 (Application for Guardian Ad Litem – Civil and Family Law) (SDSC Form #ADM-430) stating whether: a) the minor is the subject of a juvenile dependency proceeding; b) the minor is the subject of a probate guardianship; and c) the proposed guardian is also asserting individual claims or defenses in the proceeding.

CRITICAL

Applies to

Case caption

A transferred EADACPA case must use the specified dual title, with the conservatorship title above the civil title.

If transferred to Probate Court, the title of the case must be a dual title “Conservatorship of (name)” and below that title, the civil title, “(Name of Conservatee) Through (name of Conservator), Conservator of (Person and/or Estate) v. (name(s) of Respondent(s)).”

CRITICAL

Applies to

Temporary release of exhibits

The party seeking temporary release must present the exhibit custodian with a certified copy of the signed stipulation and order.

The party seeking the release must present a certified copy of a signed stipulation and order to the exhibit custodian.

CRITICAL

Applies to

Receivership accounting

Receivership accountings must identify the accounting period, provide a monthly summary of specified financial items, separately state authorized fees and administrative expenses, and include itemized schedules and evidentiary support.

Accountings filed in receivership proceedings must set forth the beginning and ending dates of the accounting period and contain a summary of income, expenses, and capital outlays on a month-by-month basis. Receiver's fees and administrative expenses, including fees and costs of property managers, accountants and/or attorneys previously authorized by the court must be included in the summary, but separately stated. The summary must be supported by appropriate itemized schedules and evidentiary foundation.

CRITICAL

Applies to

Arbitrator statement

Before appointment, an arbitrator must provide the court’s form statement confirming that they have read and will comply with Local Rule 2.3.3.2(A).

Before any person may be appointed as an arbitrator, that person must provide a statement on a form provided by the court that they have read and will comply with the provisions of Local Rule 2.3.3.2, subdivision A.

CRITICAL

Applies to

Ex parte appearance

At the required ex parte appearance, the plaintiff must indicate whether a stay is requested and whether the case will proceed against other appearing defendants.

In addition to the above, if a complaint includes an uninsured/underinsured motorist claim as defined under section 68609.5 of the Government Code and section 11580.2 of the Insurance Code, plaintiff must appear ex parte within 60 calendar days of the filing of the complaint and indicate whether a stay of the action or a portion of the action is requested in accordance with rule 2.1.13, and/or whether the case will proceed against all other appearing defendants.

CRITICAL

Applies to

Notice of lodgment copy

The copy of the Notice of Lodgment provided with the lodged exhibits must show the e-filing Transaction ID in its upper-right corner.

The submitting party must lodge the exhibits with the court by providing the assigned department with the exhibits in paper form with a copy of the notice of lodgment that includes the e-filing Transaction ID number noted in the upper right-hand corner.

CRITICAL

Applies to

Case management statement

Each party must complete and file a Case Management Statement for the initial conference; later statements are required only if ordered by the court.

A Case Management Statement must be completed by each party and filed with the court 15 calendar days before the initial Case Management Conference. Parties will not be required to complete a Case Management Statement for subsequent conferences unless ordered to do so by the court.

CRITICAL

Applies to

Request to seal

Must include

proposed order

A request to seal, including one involving redactions or pseudonyms, must include a proposed order satisfying California Rules of Court rule 2.550(d).

Any request to seal (including using redactions or pseudonyms) must be accompanied by a proposed order that satisfies California Rules of Court, rule 2.550(d).

CRITICAL

Applies to

Original pleading

If the court grants permission, separately file the original pleading with the civil business office.

If permission is granted by the court, the original pleading must be separately filed with the civil business office.

CRITICAL

Applies to

Ex parte papers

A moving party appearing remotely at an ex parte hearing must file Form RA-010 with the ex parte papers and notify the other side when giving ex parte notice.

For ex-parte hearings, a moving party intending to appear remotely must file a “Notice of Remote Appearance” (JC Form #RA-010) together with ex parte papers and notify the other side when ex parte notice is given.

CRITICAL

Applies to

Document or form with attachments

When a filing with attachments must be copied and served by the court, the filer must provide enough attachment copies for service on all parties.

When a party files with the court a document or form, which the court is required to copy and serve, and the document or form is accompanied by an attachment(s), the filing party must provide an adequate number of copies of the attachment(s) sufficient to allow the court to serve a copy with the form or document on all parties to the action.

CRITICAL

Applies to

JC Form ADR-100

The mediator must complete, serve, and file JC Form #ADR-100 with the court within 10 days after mediation concludes.

The mediator shall complete, serve, and file JC Form #ADR-100 with the court within 10 days after the mediation session is concluded. (Code Civ. Proc. § 1775 et seq.)

CRITICAL

Applies to

Complaint or petition

A plaintiff or petitioner seeking to proceed by pseudonym or initials must obtain a court order before filing the complaint or petition, except for filings under the specified statutes.

A plaintiff/petitioner who wishes to proceed under a pseudonym or by using initials instead of their true name must first obtain a court order prior to filing the complaint/petition, unless filed under Civil Code section 1708.85 or Code of Civil Procedure section 367.3.

CRITICAL

Applies to

Receiver employment application and proposed order

An application to employ counsel for a receiver must comply with California Rules of Court, rule 3.1180, and the application and proposed order must state the attorney’s hourly rate and good-faith estimate of hours.

In this regard, the application must comply with the provisions of the California Rules of Court, rule 3.1180. In addition, the application and the proposed order must set forth the attorney's hourly rate and a good faith estimate of the number of hours the attorney will expend on behalf of the receivership estate.

CRITICAL

Applies to

Gv epo

If an oral request results in a GV-EPO, the requesting law enforcement officer must memorialize it on JC Form # EPO-002 and enter the hearing date, time, and department as ordered by the Duty Judge.

If a GV-EPO is ordered on an oral request, the requesting law enforcement officer must memorialize the order on JC Form # EPO-002 and must fill in the date, time, and department for the court hearing, as ordered by the Duty Judge.

CRITICAL

Applies to

ENE request

Must include

proposed order

A PAGA-related ENE request and proposed order must comply with California Labor Code section 2699.3(f) and be submitted on pleading paper.

To request an ENE for a PAGA-related claim, a request and a proposed order that comply with the requirements of California Labor Code section 2699.3(f) must be submitted on pleading paper

CRITICAL

Applies to

Notice of withdrawal of consent to receive electronic service

A self-represented litigant withdrawing consent to electronic service must file the specified withdrawal notice.

A self-represented litigant who wishes to withdraw consent to electronic service must file a Notice of Withdrawal of Consent to Receive Electronic Service (SDSC Form # ADM-431).