Free Pleading - California

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COUNTY OF FRESNO Fresno, CA

SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO CIVIL DIVISION

Standing Order Regarding the

) ) Civil Division of the Superior ) ) Court of California, County of ) ) Fresno ) ) ) )

Standing Order No. 07-0628

This standing order addresses the method by which the court manages the processing, progress and disposition of civil cases. The Superior Court seeks to improve the method by which the court manages the progress and disposition of civil cases. The court This

finds that the following procedures will further this goal.

rule applies to all general civil cases as defined by California Rules of Court, rule 1.6 filed after January 1, 2006.

Case Management Conferences With the substitution of Case Management Conferences (CMC) for Status Conferences on the Trial Court Delay Calendar (TCD), litigants will no longer have to file status hearing declarations or at issue memoranda. The CMC's will not require CMC Statements

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COUNTY OF FRESNO Fresno, CA

to be filed and served. addition, while trial

No tentative rulings will be issued. dates will generally be assigned at

In an

earlier stage than before--at 4 months after the action is filed, rather than at 6 months (deadline for filing at issue memorandum)-the parties will now receive more notice of the trial date (at least 7 months' notice instead of historical 3 to 6 months'

notice).

If complaints are timely served and appearances timely made, a brief CMC appearance will typically result in the assignment of a trial date and, in many cases, an order of mediation.

Plaintiffs are still required to comply with the California Rules of Court requiring service of the complaint within 60 days of filing. Defendants are still expected to file their appearances The court is still obligated to

within 30 days of service.

enforce the "fast track" timelines contained in the California Rules of Court.

If

all

named

parties

to

the

complaint

have

filed

an

appearance, the case shall be deemed "at issue," notwithstanding any cross-complaint that is not at issue, and a trial date shall be assigned at the CMC in accordance with Local Rule 2.1.10.

Those parties who have filed an appearance but do not appear at the CMC will be deemed to have waived their right to a jury trial.

Those parties who have filed an appearance but do not appear
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COUNTY OF FRESNO Fresno, CA

at the CMC will be deemed to have consented to any orders made at the CMC, including but not limited to: order setting the date for trial, order that case be a nonjury trial, order for mediation, assignment of case to Plan 2 or Plan 3, designation of case as Complex, a discovery or motion scheduling order, dismissal of unserved defendants or cross-defendants.

Those parties who have filed an appearance but do not appear at the CMC will be subject to sanctions at an OSC (Order to Show Cause) hearing set by the court. required at the OSC hearing. A personal appearance will be

Court staff is authorized to issue

an OSC to those parties who have filed an appearance but do not appear at the CMC.

If

all

named

parties

to

the

complaint

have

filed

an

appearance and no parties appear at the CMC, a one-day, nonjury trial date will be assigned in accordance with Local Rule 2.1.10 and those not appearing at the CMC may be subject to sanctions at an OSC hearing set by the court. A personal appearance will be required at the OSC hearing. Court staff is authorized to issue

an OSC to those parties who have filed an appearance but do not appear at the CMC.

If all named parties to the complaint have not been served with the summons, complaint and Notice of CMC by plaintiff in accordance with Local Rules 2.1.4 and 2.1.5, and no extension of time to serve to said documents Rule 2.1.6, has been ordered will by be the court to

pursuant

Local

plaintiff

subject

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COUNTY OF FRESNO Fresno, CA

sanctions at an OSC hearing set by the court. Court staff is authorized to issue an OSC to plaintiff(s) for failure to serve all defendants as set out above.

If the time for defendant(s) to respond has elapsed and no extension of time to file responsive pleadings has been ordered by the court pursuant to Local Rule 2.1.6, and no request for entry of default and/or default judgment has been filed, plaintiff will be required to appear at an OSC hearing set by the court. Court staff is authorized to issue an OSC to plaintiff(s) for failure to request entry of default and/or default judgment.

If a complaint is designated as "uninsured motorist," either prior to or at the CMC, the date for the CMC shall be continued 180 days. (CRC, rule 3.712, subd. (b)). A complaint may be

designated as "uninsured motorist" by typing the words "uninsured motorist" on the complaint directly below the title of the

document, by filing a declaration, or by the clerk at the CMC upon oral declaration by the plaintiff.

Alternative Dispute Resolution All parties must engage in some form of Alternative Dispute Resolution (ADR), such as mediation. This ADR must be completed Failure to do so

prior to the Mandatory Settlement Conference.

may result in the court imposing sanctions, unless excused by the court upon a timely showing of good cause by written declaration.

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COUNTY OF FRESNO Fresno, CA

If

all

named

parties

to

the

complaint

have

filed

an

appearance, the parties shall confer prior to the CMC and file an Alternative Dispute Resolution Stipulation, on a form designated by the court, at least ten (10) court days prior to the CMC. Parties who fail to file the ADR Stipulation may be subject to sanctions at an OSC hearing set by the court. Court staff is

authorized to issue an OSC to any party that fails to timely file an ADR stipulation.

At

least

ten

(10)

court

days

prior

to

the an by be

Mandatory Alternative the court. to

Settlement Dispute Parties

Conference,

the

parties on a form ADR

shall

file

Resolution who fail

Report to file

designated Report may

the

subject

sanctions at an OSC hearing held on the same date as the Trial Readiness hearing, or as otherwise set by the court. Court staff is authorized to issue an OSC to any party that fails to timely file an ADR report.

Collection Cases California Rules of Court, rule 3.740 exempts collection cases from the previous time-for-service requirements and case management rules. "Collections case" means an action for recovery

of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking any of the following: (1) Tort damages;
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COUNTY OF FRESNO Fresno, CA

(2) Punitive damages; (3) Recovery of real property; (4) Recovery of personal property; or (5) A prejudgment writ of attachment.

If a case meets the definition set out in rule 3.740, subd. (a), a plaintiff must check the case type box on the Civil Case Cover Sheet (form CM­010) to indicate that the case is a

collections case under rule 3.740.

When a collection case is filed, a Collection Case Review (CCR) hearing will be set at least 180 days from the date of filing the complaint. The complaint must be served on all named

defendants, and proofs of service on those defendants must be filed, or the plaintiff must obtain an order for publication of the summons, within 180 days after the filing of the complaint. The plaintiff must also Case file a Collection form Case the Status court

Declaration/Request

for

Management

with

before the CCR hearing. If these requirements are met the court will vacate the CCR hearing, set an OSC hearing no sooner than 360 days after the filing of the complaint and issue an OSC. Court staff is authorized to issue the OSC.

If the proof(s) of service are not filed or an order for publication has not been obtained within 180 days after the

filing of the complaint, the plaintiff(s) must attend the CCR hearing, and an OSC why reasonable monetary sanctions shall not be imposed will issue.
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Court staff is authorized to issue the -6-

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COUNTY OF FRESNO Fresno, CA

OSC. The OSC hearing will be set at least 30 days from the CCR hearing.

If the plaintiff(s) files the proof(s) of service and/or order of publication and a Collection Case Status

Declaration/Request for Case Management Conference form at least 10 court days prior to the OSC hearing, the court shall continue the OSC hearing to a date no sooner than 360 days after the filing of the complaint.

If the plaintiff(s) files the proof(s) of service and/or order of publication for and Case a Collection Case Status form and

Declaration/Request

Management

Conference

defendant(s) do not file responsive pleadings, the plaintiff must obtain a default judgment within 360 days after the filing of the complaint. judgment by If the that plaintiff(s) time, the has not shall obtained issue an a default OSC why

court

reasonable monetary sanctions should not be imposed. Court staff is authorized to issue the OSC. If plaintiff(s) obtain default judgment at least 10 court days prior to the OSC hearing the OSC shall be vacated.

If at anytime in this process the case is completely disposed of by default judgment, dismissal, settlement or other means, all future hearings will be vacated. vacate all future hearings. Court staff is authorized to

If at anytime all named parties to the complaint have filed
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COUNTY OF FRESNO Fresno, CA

an appearance, the case shall be deemed "at issue". Within 10 court days of the last response, the parties shall file a

Collection Case Status Declaration/Request for Case Management form informing the court that the case is ready for trial. The

court will, upon verifying the status of the case, vacate any review hearing(s) or OSC hearing(s) and set the case for a CMC for trial setting.

If all parties agree on a trial date and execute and file a Stipulation to Trial Setting in lieu of a CMC, and the date is acceptable to the court, then the CMC will be taken off calendar and no appearances will be required.

Telephonic Appearance Those wishing to appear at a CMC or CCR by phone may do so provided: 1. they arrange to do so through CourtCall [888 882-6878] by 4pm the day before, and 2. the court does not order otherwise. The option of appearing by phone is a matter of privilege and convenience, not a right. (CRC, rule 3.670, subd. (c).)

This Standing Order revokes Standing Order 06-01 and shall remain in full force and effect until revoked or modified by further order of the Court.

DATED: June 28, 2007.

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COUNTY OF FRESNO Fresno, CA

Hon. Hilary A. Chittick Presiding Judge Fresno County Superior Court

Civil Standing Order 06/28/07

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