Solano — Effective January 1, 2021

Source: https://solano.courts.ca.gov/system/files/solano_county_local_rules_effective_2021-01-01_-_complete.pdf

SUPERIOR COURT

OF

CALIFORNIA

COUNTY OF SOLANO

LOCAL COURT RULES

Superior Court of California County of Solano

Hall of Justice Law & Justice Center Old Solano Courthouse Solano Justice Center 600 Union Avenue 530 Union Avenue 580 Texas Street 321 Tuolumne Street Fairfield, CA 94533 Fairfield, CA 94533 Fairfield, CA 94533 Vallejo, CA 94590 (707) 207-7300 (707) 207-7300 (707) 207-7300 (707) 561-7800

Local Rules of Court Adopted July 1, 1988

Revised January 1, 1991 Revised January 1, 2012
Revised July 1, 1991 Revised July 1, 2012
Revised July 1, 1992 Revised January 1, 2013
Revised October 1, 1996 Revised July 1, 2013
Revised January 1, 1998 Revised July 1, 2014
Revised August 1, 2002 Revised January 1, 2015
Revised October 1, 2002 Revised July 1, 2015
Revised July 1, 2005 Revised January 1, 2016
Revised January 1, 2007 Revised July 1, 2016
Corrected April 2, 2007 Revised January 1, 2017
Revised January 1, 2008 Revised July 1, 2017
Revised July 1, 2008 Revised January 1, 2018
Revised January 1, 2009 Revised July 1, 2018
Revised July 1, 2009 Revised January 1, 2019
Revised January 1, 2010 Revised July 1, 2019
Revised July 1, 2010 Revised January 1, 2020
Revised January 1, 2011 Revised July 1, 2020
Revised July 1, 2011 Revised January 1, 2021

www.solano.courts.ca.gov January 2021

Brian Taylor, Court Executive Officer, is the official publisher of the local rules for the Superior Court of California County of Solano. Comments or suggestions concerning the local rules may be sent to the court at CourtOutreach@solano.courts.ca.gov.

The complete local rules, as well as individual rules and filing instructions for replacement pages, and local forms are available in .pdf format at the court’s website, www.solano.courts.ca.gov, by clicking on the hyperlink marked “Local Rules of Court.”

www.solano.courts.ca.gov January 2021

Superior Court of California County of Solano

Local Rules of Court

Summary Table of Contents

Rule 2 Criminal and Traffic Infraction Cases

Rule 4 Administration of Civil Litigation

Rule 8 Claims of Adults with Disabilities or Minors

Rule 9 Attorneys’ Fees in Default Matters, Promissory Notes, Contracts, and Foreclosures

Rule 12 Mental Health Conservatorships (LPS)

Rule 15 Guardianships and Conservatorships

Rule 18 Small Claims

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Superior Court of California County of Solano

www.solano.courts.ca.gov January 2021

Superior Court of California County of Solano Local Rules – Detailed Table of Contents Number Rule Page RULE 1 GENERAL PROVISIONS Rule 1.1 Adoption of Local Rules (Amended eff. 1/1/10) .................................................................. 1-1 Rule 1.2 Divisions Of The Court; Assignment of Supervising Judges (Amended eff. 7/1/14)........... 1-1 Rule 1.3 Direct Calendaring (Amended eff. 1/1/10) ........................................................................... 1-1 Rule 1.4 Reassignment Upon Disqualification of Judicial Officer or for Other Cause (Amended eff. 1/1/12) ........................................................................................................................... 1-2

RULE 2 CRIMINAL AND TRAFFIC INFRACTION CASES

PART ONE: Rules Applicable to Misdemeanors and Felonies

Rule 2.1 Application Of Rules (Amended eff. 1/1/13) ....................................................................... 2-1 Rule 2.2 Direct Calendaring Of Criminal Cases (Amended eff. 1/1/13)............................................. 2-1 Rule 2.3 Procedure (Amended eff. 7/1/14) ........................................................................................ 2-1

Rule 2.4 Diversion (Eff. 7/1/19) ......................................................................................................... 2-2 Rules 2.5 – 2.49 [RESERVED] ........................................................................................................................ 2-2

PART TWO: Felony Criminal Cases

Rules 2.50 – 2.99 [RESERVED] ........................................................................................................................ 2-3

PART THREE: Misdemeanor Cases

Rules 2.100 – 2.149 [RESERVED] ........................................................................................................................ 2-4

PART FOUR: Traffic Infraction Cases

Rules 2.150 – 2.199 [RESERVED] ........................................................................................................................ 2-5

APPENDIX
Mental Health Diversion Procedures and Policies (Eff. 7/1/19) .......................................... 2-7

RULE 3 CIVIL CASES Rule 3.1 Application Of Rules (Amended eff. 7/1/11) ....................................................................... 3-1 Rule 3.2 Direct Calendaring Of Civil Cases; Assignments and Reassignments (Amended eff. 1/1/12) ................................................................................................................................. 3-1 Rule 3.3 Notification Of Plaintiff Of Assignment To One Judge For All Purposes (Amended eff. 7/1/10) ................................................................................................................................. 3-2 Rule 3.4 Designation Of Court [REPEALED] (Repealed eff. 7/1/11)................................................... 3-2

Rule 3.5 Calendaring of Hearings (Eff. 7/1/11) ................................................................................. 3-2 Rule 3.6 Deposit Of Jury Fees (Amended eff. 7/1/13) ........................................................................ 3-2 Rule 3.7 Forfeiture Of Jury Fees per CCP Section 631.3 (Amended eff. 7/1/13) ............................... 3-3

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Superior Court of California County of Solano Local Rules – Detailed Table of Contents Number Rule Page Rule 3.8 Notification to Court of Drops, Continuances and Stipulations (Amended eff. 1/1/10) ...... 3-3 Rule 3.9 Tentative Rulings (Amended eff. 7/1/17) ............................................................................. 3-4 Rule 3.10 Telephonic Appearances (Amended eff. 7/1/17) .................................................................. 3-5 Rule 3.11 Appearances By Persons in Custody (Adopted eff. 7/1/20)……………………………… .. 3-6

Rule 3.12 Failure To Notify Court When Attorney Cannot Be Present Shall Be Deemed Sufficient 3-6 Cause To Order Off Calendar (Amended eff. 1/1/10) ......................................................... Rule 3.12 Off Calendar (Amended eff. 1/1/10)..................................................................................... 3-6 Rule 3.14 Ex Parte Matters (Amended eff. 7/1/18)............................................................................... 3-6

Rule 3.15 Informal Discovery Conferences (CCP § 2016.080) (Eff. 7/1/18)....................................... 3-7 Rule 3.16 Motions To Consolidate (Amended eff. 7/1/10) ................................................................... 3-8 Rule 3.17 Motions Papers (Amended eff. 7/1/10)................................................................................ 3-8

Rule 3.18 Mandate Actions Arising Under The California Environmental Quality Act (CEQA) (Amended eff. 7/1/10) .......................................................................................................... 3-8 Rule 3.19 Filing Of Notices Of Unavailability (Amended eff. 1/1/10) ................................................. 3-13

RULE 4 ADMINISTRATION OF CIVIL LITIGATION Rule 4.1 Scope And Policy (Amended eff. 7/1/11)............................................................................. 4-1 Rule 4.2 Case Designation (Amended eff. 1/1/10).............................................................................. 4-2 Rule 4.3 Time Requirements For Complaint (Amended eff. 7/1/11).................................................. 4-3 Rule 4.4 Time Requirements For Responsive Pleadings (Amended eff. 7/1/11) ................................ 4-3 Rule 4.5 Time Requirements For Cross-Complaints (Amended eff. 7/1/11) ...................................... 4-4 Rule 4.6 Case Management Conferences (Amended eff. 7/1/11) ....................................................... 4-4 Rule 4.7 Diversion To Arbitration (Amended eff. 1/1/12).................................................................. 4-8 Rule 4.8 Mediation (Amended eff. 1/1/12) ......................................................................................... 4-9 Rule 4.9 Mandatory Settlement Conferences (Amended eff. 7/1/11) ................................................. 4-15 Rule 4.10 Trial Management Conferences (Amended eff. 1/1/12) ....................................................... 4-17 Rule 4.11 Dismissal Of Action Or Entry Of Judgment Following Settlement (Amended eff. 7/1/11) . 4-19 Rule 4.12 Miscellaneous (Amended eff. 7/1/17) .................................................................................. 4-19 Rule 4.13 Sanctions (Amended eff. 1/1/10) .......................................................................................... 4-22

Rule 4.14 Electronic Filing and Service of Pleadings and Documents (Eff. 7/1/10) ........................... 4-23 Rule 4.15 Electronic Service of Documents in Complex Litigation (Adopted eff. 7/1/20) …………. 4-23

FAMILY LAW

RULE 5 PART ONE: Family Law Proceedings Generally

Rule 5.1 Matters Assigned to the Family Law Division; Applicability of Rule (Eff. 7/1/14) ............ 5-1

Rule 5.2 Direct Calendaring (Eff. 1/1/13) .......................................................................................... 5-2

Rule 5.3 Preparation and Filing of Forms and Pleadings (Eff. 1/1/13) .............................................. 5-3

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Superior Court of California County of Solano Local Rules – Detailed Table of Contents Number Rule Page Rule 5.4 Applications for Emergency Orders (Ex Parte Orders) (Amended eff. 1/1/17).................... 5-4

Rule 5.5 Law and Motion Hearings (Hearings Other Than Case Management Conferences, Status Conferences, Settlement Conferences, and Trials) (Amended eff. 7/1/18)........................... 5-6

Rule 5.6 Presence of Children in Courtroom (Eff. 1/1/13)................................................................. 5-9 Rule 5.7 Family Centered Case Resolution Process (CRC 5.83) [REPEALED] (Repealed eff. 7/1/18) 5-10 Rule 5.8 Status Conferences and Status Conference Reports (Amended eff. 7/1/18) ......................... 5-10

Rule 5.9 Court Reporter Fees (Eff. 1/1/13) ........................................................................................ 5-12

PART TWO: Settlement Conferences and Trials

Rule 5.10 Settlement Conferences (Amended eff. 1/1/18).................................................................... 5-13

Rule 5.11 Evidentiary Hearings and Trials (Eff. 1/1/13)...................................................................... 5-19 Rule 5.12 – 5.19 [RESERVED] ......................................................................................................................... 5-19

PART THREE: Child Custody and Visitation

Rule 5.20 Child Custody Recommending Counseling (Amended eff. 1/1/18) ..................................... 5-20

Rule 5.21 Child Custody and Visitation Evaluations (Eff. 1/1/13) ...................................................... 5-23 Rule 5.22 – 5.29 [RESERVED] ......................................................................................................................... 5-25

PART FOUR: Support, Property Division, Attorney Fees, Costs, and Sanctions

Rule 5.30 Calculation of Temporary Spousal or Partner Support (Eff. 1/1/13) ................................... 5-26 Rule 5.31 – 5.39 [RESERVED] ......................................................................................................................... 5-26

PART FIVE: Judgments

Rule 5.40 Calendaring Hearings for Default or Uncontested Judgments (Eff. 1/1/13) ........................ 5-27

Rule 5.41 Documents Needed for Judgments for Legal Separation or Dissolution of Marriage or Registered Domestic Partnership (Eff. 1/1/13) .................................................................... 5-27

Rule 5.42 Documents Needed for Judgment of Nullity (Eff. 1/1/13) .................................................. 5-27

Rule 5.43 Documents Needed for Default or Uncontested Judgments for Establishment of Parental Relationship (UPA) or for Establishment of Custody and Support (Eff. 1/1/13)................. 5-28

APPENDIX

5-A Documents Needed for Judgment of Nullity ....................................................................... 5-29 5-B Documents Needed for Default or Uncontested Judgments for Establishment of Parental Relationship (UPA) or for Establishment of Custody and Support per Family Code §3120 ................................................................................................................................... 5-34 2015-001-FL Standing Order Incorporating Solano County DCSS Additional Orders Into All Solano County DCSS Judgments And Orders................................................................................. 5-39

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Superior Court of California County of Solano Local Rules – Detailed Table of Contents Number Rule Page

RULE 6 RULES APPLICABLE TO JUVENILE PROCEEDINGS

PART ONE: Rules for Juvenile Court in General

Rule 6.1 Adoption, Construction, And Amendment Of Rules and Standing Orders (Amended eff. 1/1/10) ................................................................................................................................. 6-1 Rule 6.2 Juvenile Calendar (Amended eff. 7/1/12) ............................................................................. 6-1 Rule 6.3 Access To Courtroom By Non-Parties (Amended eff. 1/1/10)............................................. 6-2 Rule 6.4 Confidentiality (Amended eff. 1/1/10) ................................................................................. 6-2 Rule 6.5 Release Of Information Relating To Juveniles (Amended eff. 1/1/10) ................................ 6-3 Rule 6.6 Discovery (Amended eff. 1/1/10) ......................................................................................... 6-4 Rule 6.7 Petitions, Pleadings & Motions (Amended eff.1/1/10)......................................................... 6-5 Rule 6.8 Request For Transcripts by Non-Party (Amended eff. 1/1/10)............................................. 6-6 Rule 6.9 Welfare And Institutions Code Section 241.1 Assessments (Amended eff. 1/1/10) ............ 6-6

Rule 6.10 Motion To Challenge Legal Sufficiency Of Petition (Eff. 1/1/10)....................................... 6-6 Rules 6.11 through 6.29 [RESERVED] ........................................................................................................................ 6-8

PART TWO: Juvenile Dependency

Rule 6.30 Appointed Counsel in Dependency Proceedings (Amended eff. 1/1/10) ............................. 6-9 Rule 6.31 Appointment of Private Counsel in Dependency Proceedings (Amended eff. 1/1/10)......... 6-10

Rule 6.32 Procedures For Reviewing And Resolving Complaints Regarding Representation In Dependency Proceedings (Amended eff. 1/1/10) ................................................................. 6-11

Rule 6.33 Procedures For Informing The Court Of The Interests Of A Dependent Child [CRC 5.660] (Amended eff. 1/1/10) ............................................................................................... 6-12 Rule 6.34 Motion to Challenge Legal Sufficiency of Petition (Amended eff. 1/1/10).......................... 6-13 Rule 6.35 Access To Minors (Amended eff. 1/1/10) ............................................................................ 6-15 Rule 6.36 Modifications of Orders (Amended eff. 1/1/10) ................................................................... 6-16 Rule 6.37 Court Appointed Special Advocate Program (CASA) (Amended eff. 7/1/12) .................... 6-17 Rules 6.38 through 6.59 [RESERVED] ........................................................................................................................ 6-17

PART THREE: Juvenile Delinquency

Rule 6.60 Return On Bench Warrant (Amended eff. 1/1/10)................................................................ 6-18

APPENDIX

2002-01 Medical Authorization – Juvenile Hall ................................................................................ 6-21 2002-05 Release of Records, Absent Parents .................................................................................... 6-24 2002-07 Release of Records – Financial Hearing Officer ................................................................. 6-25 2011-001 Standing Order Authorizing Mental Health Evaluation and/or Treatment for Dependent Children or Minors Placed into Protective Custody by Child Welfare Services ................. 6-27

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Superior Court of California County of Solano Local Rules – Detailed Table of Contents Number Rule Page 2011-002 Order re: Release of Probation Files and Information Regarding Parents with Children Under the Jurisdiction of the Juvenile Court ....................................................................... 6-29 2011-003 Standing Order to Facilitate Child Welfare Services Disaster Response Plan .................... 6-32 2011-004 The Exchange of Information Pertaining to Juveniles Among Members of Multidisciplinary Team ....................................................................................................... 6-34 2011-005 Exchange and Release of Information Between Child Welfare Services and the Solano County Court Investigator ................................................................................................... 6-36 2011-006 Exchange & Release of Juvenile Records to be Used in the Solano Countywide Foster Youth Services Program (Education Code § 488850 et seq., Welfare & Institutions Code § 827, Cal. Rules of Court, rule 5.552)................................................................................ 6-39 2011-007 Release of School Records to Solano County Probation and Solano County Health and Social Services, Child Welfare Services Division (Education Code § 49077) .................... 6-43 2011-008 Toxicology Testing for Drug Exposed Children Subject to Juvenile Laws (Welfare & Institutions Code § 369, subd. (d)) ..................................................................................... 6-44 2012-001 Standing Order Authorizing Medical Evaluation and Treatment for Minors Placed into Protective Custody and Temporarily Detained in Out-of-Placement By Child Welfare Services ............................................................................................................................... 6-46 2016-001-JV Release of Juvenile Case File Information for Welf. & Inst. C. §§ 601 and 602 Proceedings (Welf. & Inst. C. § 827; T.N.G. v Superior Court (1971) 4 Cal.3d 767; Cal. 6-50 Rules of Court, rule 5.552) .................................................................................................. 2016-002-JV Designation of Chief Probation Officer/Designee as Representative of Court for Purposes of Referring Students to the Community School Programs................................................. 6-59

RULE 7 PROBATE

PART ONE: Probate Proceedings Generally Rule 7.1 Scope of Probate Rules; Direct Calendaring (Amended eff. 1/1/12) .................................... 7-1 Rule 7.2 Use of Judicial Council Forms; Format of Pleadings; Calendaring and Filing (Amended 7-1 eff. 1/1/19) ........................................................................................................................... Rule 7.3 Signatures and Verification of Pleadings (Amended eff. 1/1/19) ......................................... 7-3 Rule 7.4 Bonding of Personal Representative (Amended eff. 1/1/19) ................................................ 7-3 Rule 7.5 Declination of Nominated Executor (Amended eff. 7/1/09)................................................. 7-4 Rule 7.6 Notices (Amended eff. 7/1/09) ............................................................................................. 7-5 Rule 7.7 Continuances (Amended eff. 1/1/13).................................................................................... 7-5 Rule 7.8 Probate Notes and Pregrants in Probate Matters (Amended eff. 1/1/19) .............................. 7-6 Rule 7.9 Appearances at Hearings (Amended eff. 1/1/10).................................................................. 7-6 Rule 7.10 Ex Parte Applications (Amended eff. 1/1/21)....................................................................... 7-8

Rule 7.11 Discovery (Eff. 7/1/18) ....................................................................................................... 7-10 Rule 7.12 through 7.49 [RESERVED] ........................................................................................................................ 7-10

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Superior Court of California County of Solano Local Rules – Detailed Table of Contents Number Rule Page PART TWO: Probate Proceedings Other Than Trusts Rule 7.50 Appointment of Special Administrator (Amended eff. 7/1/18) ............................................ 7-11

Rule 7.51 Information to Be Contained in Petitions for Appointment of Personal Representative (Amended eff. 1/1/19) .......................................................................................................... 7-11 Rule 7.52 Preparation of Orders (Amended eff. 1/1/19) ....................................................................... 7-13 Rule 7.53 Interest on Funeral and Interment Claims (Amended eff. 7/1/18) ........................................ 7-13 Rule 7.54 Real Estate in Inventory and Appraisal (Amended eff. 7/1/18)............................................ 7-14 Rule 7.55 Cash Deposit (Amended eff. 7/1/18) .................................................................................... 7-14 Rule 7.56 Second Deeds of Trust (Amended eff. 7/1/18) ..................................................................... 7-14 Rule 7.57 Earnest Money Deposit by Overbidder (Amended eff. 7/1/18) ........................................... 7-15 Rule 7.58 Appearances of Counsel (Amended eff. 7/1/18).................................................................. 7-15 Rule 7.59 Conditional Sales of Real Property (Amended eff. 7/1/18) ................................................. 7-15 Rule 7.60 Broker’s Commissioners (Amended eff. 7/1/18)................................................................ 7-16 Rule 7.61 Statutory Compensation for Personal Representative and Attorney Fees (Amended eff. 7/1/18) ................................................................................................................................ 7-17 Rule 7.62 Partial Allowance of Statutory Compensation or Attorney Fees (Amended eff. 7/1/18) 7-17

Rule 7.63 Apportionment of Statutory Compensation Between Two or More Personal Representatives (Amended eff. 7/1/18) ............................................................................... 7-19

Rule 7.64 Extraordinary Compensation for Personal Representative; Extraordinary Attorney Fees (Amended eff. 1/1/19) ......................................................................................................... 7-19 Rule 7.65 Distributive Contingencies (Amended eff. 7/1/09).............................................................. 7-20 Rule 7.66 Contents of Petition and Order for Partial or Final Distribution (Amended eff. 1/1/19) .... 7-20 Rule 7.67 Distributions to Trusts (Amended eff. 1/1/19).................................................................... 7-22 Rule 7.68 Joint Tenancy Assets (Amended eff. 7/1/18)....................................................................... 7-23

Rule 7.69 Personal Representative Compensation and Attorney Fees in Connection With Termination of a Joint Tenancy or Handling of Other Nonprobate Assets (Amended eff. 7/1/18) ................................................................................................................................ 7-23 Rule 7.70 Court Investigator Fees for Investigation of Petition for Particular Transaction (Amended eff. 7/1/18) .......................................................................................................................... 7-24 Rule 7.71 Waivers of Account (Amended eff. 1/1/19) ........................................................................ 7-24 Rule 7.72 Reimbursement of Expenses of Estate Administration (Amended eff. 7/1/18) .................. 7-24 Rule 7.73 Spousal Property Petitions (Amended eff. 7/1/18) ............................................................. 7-25

Rule 7.74 Documents Signed by Person with Power of Attorney (Eff. 1/1/19) ................................. 7-30 Rule 7.75 through 7.99 [RESERVED] ........................................................................................................................ 7-30

PART THREE: Trusts

Rule 7.100 Trust Beneficiaries to be Listed in Petition (Amended eff. 1/1/19) ..................................... 7-31 Rule 7.101 Trustee Fees (Amended eff. 1/1/19) .................................................................................... 7-31

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Superior Court of California County of Solano Local Rules – Detailed Table of Contents Number Rule Page Rule 7.102 Information to be Included in Petitions Concerning Trusts (Amended eff. 7/1/18) ............ 7-32 Rule 7.103 General Procedures for Special Needs Trusts (Amended eff. 1/1/19) ................................. 7-32 Rule 7.104 Accountings and Reports of Special Needs Trusts (Amended eff. 7/1/18) ......................... 7-33 Rule 7.105 Compensation of Conservator from Trust (Amended eff. 7/1/18)....................................... 7-35 Rule 7.106 Trust Accountings Filed with the Court (Amended eff. 7/1/18) .......................................... 7-35

RULE 8 COMPROMISES OF CLAIMS

Rule 8.1 Contents of Petition for Compromise Of Claim Of a Person with a Disability or a Minor (Amended eff. 7/1/14) ......................................................................................................... 8-1 1HRule 8.2 Filing Petitions for Compromise of Claims (Eff. 7/1/14) ................................................... 8-1 Rule 8.3 Establishment of Special Needs Trusts (Amended eff. 7/1/14) ........................................... 8-1

RULE 9 ATTORNEY FEES IN DEFAULT MATTERS, PROMISSORY NOTES, CONTRACTS, AND FORECLOSURES Rule 9.1 Attorney Fees - Unlimited Civil Matters (Amended eff.1/1/12).......................................... 9-1 Rule 9.2 Attorney Fees - Limited Civil Matters (Amended eff. 1/1/12) ........................................... 9-2 Rule 9.3 Open Book Accounts - Unlimited And Limited Civil (Amended eff. 7/1/16)..................... 9-3

APPENDIX

9-A Example of Attorney Fee Calculation per Rule 9.1 ............................................................ 9-4

RULE 10 ADMINISTRATION Rule 10.1 Executive Officer (Amended eff. 1/1/10) ............................................................................ 10-1 Rule 10.2 Reservation Of Government Code 71620 Powers (Amended eff. 1/1/10) .......................... 10-1

RULE 11 JURY MANAGEMENT

Rule 11.1 Discretion to Excuse Jurors for Undue Hardship (Eff. 7/1/18) ........................................... 11-1 Rule 11.2 through 11.99 [RESERVED] ........................................................................................................................ 11-2

RULE 12 MENTAL HEALTH CONSERVATORSHIPS (LPS)

Rule 12.1 Confidentiality of Court Proceedings and Records (Eff. 1/1/19) ....................................... 12-1 Rule 12.2 through 12.99 [RESERVED] ........................................................................................................................ 12-1

RULE 13 APPEALS

Rule 13.1 Fee Waiver Applications for Matters Being Appealed to the Court of Appeal (Eff. 1/1/10) ................................................................................................................................ 13-1

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Superior Court of California County of Solano Local Rules – Detailed Table of Contents Number Rule Page

RULE 14 UNLAWFUL DETAINER Rule 14.1 Telephonic Appearances (Amended eff. 1/1/10) ................................................................. 14-1

Rule 14.2 Trial Management (Eff. 1/1/10) ......................................................................................... 14-1 Rule 14.3 Attorney Fees in Default Matters (Amended eff. 1/1/12) .................................................... 14-1

RULE 15 GUARDIANSHIPS AND CONSERVATORSHIPS

PART ONE: Guardianships

Rule 15.1 Applicability of Guardianship Rules; Terminology; Direct Calendaring (Amended eff. 1/1/13) ................................................................................................................................ 15-1 Rule 15.2 Forms to be Filed at Commencement of Proceeding (Amended eff. 1/1/13) ...................... 15-2 Rule 15.3 Notice (Amended eff. 1/1/13).............................................................................................. 15-4 Rule 15.4 Appointment of Investigator (Amended eff. 7/1/13) ........................................................... 15-6 Rule 15.5 Court Investigator Fees (Amended eff. 1/1/13) ................................................................... 15-9 Rule 15.6 Temporary Guardianships (Amended eff. 1/1/16)............................................................... 15-11

Rule 15.7 Ex Parte Applications for Temporary Guardianship or Other Temporary Orders [REPEALED] (Repealed eff. 1/1/13) ..................................................................................... 15-11 Rule 15.8 Contested Guardianships (Amended eff. 1/1/13)................................................................. 15-12 Rule 15.9 Orders for Visitation in Guardianships (Amended eff. 1/1/13) ........................................... 15-13 Rule 15.10 Guardianships of the Estate (Amended eff. 1/1/13)............................................................. 15-14

Rule 15.11 Guardianships of the Person (Eff. 1/1/13)........................................................................... 15-16 Rule 15.12 Allowance of Fees in Guardianship Proceedings [REPEALED] (Repealed eff. 1/1/13) ....... 15-16 Rule 15.13 Investments by Guardian of the Estate [REPEALED] (Repealed eff. 1/1/13) ....................... 15-16

Rule 15.14 Appointment of Counsel for Ward (Eff. 7/1/09)................................................................. 15-17 Rule 15.15 Termination of Guardianship (Amended eff. 1/1/13) .......................................................... 15-18

Rule 15.16 Sanctions (Eff. 7/1/09) ........................................................................................................ 15-19 Rule 15.17 Guardianships of the Person – Status Report [REPEALED] (Repealed eff. 1/1/13) ............. 15-19 Rule 15.18 – 15.49 [RESERVED] ........................................................................................................................ 15-19

PART TWO: Conservatorships

Rule 15.50 Conservatorship Matters to Which Rule 15 Applies (Eff. 7/1/09) ...................................... 15-20

Rule 15.51 Continuance of Hearing Where Conservatee Not Served with Citation (Eff. 7/1/09) ........ 15-20

Rule 15.52 Additional Requirements for Proposed Conservators Prior to Issuance of Letters (Amended eff. 7/1/11) ......................................................................................................... 15-20 Rule 15.53 Court Investigator (Amended eff. 7/1/16) ........................................................................... 15-21 Rule 15.54 Court Investigator Fees (Amended eff. 1/1/10) ................................................................... 15-23

Rule 15.55 Appointment of Counsel for Conservatee (Eff. 7/1/09) ...................................................... 15-24

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Superior Court of California County of Solano Local Rules – Detailed Table of Contents Number Rule Page

Rule 15.56 Temporary Conservatorships; Ex Parte Applications for Temporary Conservatorships and Other Orders; Waiver of Notice Requirements (Eff. 7/1/09) ....................................... 15-25

Rule 15.57 Independent Exercise of Powers (Eff. 7/1/09) .................................................................... 15-28

Rule 15.58 Conservatorship Inventories and Appraisals (Eff. 7/1/09) .................................................. 15-29 Rule 15.59 Conservatorship Accountings (Amended eff. 1/1/12) ......................................................... 15-30 Rule 15.60 Allowance of Fees (Amended eff. 1/1/12)........................................................................... 15-32 Rule 15.61 Orders for Support and Substituted Judgment Petitions (Amended eff. 1/1/18).................. 15-33

Rule 15.62 Payments to Caregiver Spouse of Conservatee (Eff. 7/1/09) .............................................. 15-34

Rule 15.63 Termination of Conservatorship (Eff. 7/1/09)..................................................................... 15-35

Rule 15.64 Conservatorships for Developmentally Disabled Individuals (Eff. 7/1/09) ........................ 15-36

Rule 15.65 Sanctions (Eff. 7/1/09) ........................................................................................................ 15-36

Rule 15.66 Additional Provisions for Conservatorships of the Person (Eff. 1/1/12) ............................ 15-36 Rule 15.67 – [RESERVED] ........................................................................................................................ 15-3615.99

PART THREE: Miscellaneous

15.100 Complaints Concerning Court Investigators (Eff. 1/1/12) ................................................. 15-37 15.101 Discovery (Eff. 7/1/18) ...................................................................................................... 15-38

APPENDIX

15-A Service Addresses for Guardianships (Amended eff. 1/1/13).............................................. 15-39

RULE 16 PROTECTIVE ORDERS 16.1 Domestic Violence (Family Code § 6200 et seq.) (Eff. 1/1/12) .......................................... 16-1 16.2 Civil Harassment (CCP § 527.6) (Eff. 1/1/12).................................................................... 16-2 16.3 Workplace Violence (CCP § 527.8) (Eff. 1/1/12) .............................................................. 16-4 16.4 Postsecondary School Violence (CCP § 527.85) (Eff. 1/1/12) ........................................... 16-4 16.5 Elder or Dependent Adult Abuse [RESERVED] (Eff. 1/1/12)............................................... 16-4

RULE 17 MISCELLANEOUS 17.1 Photography, Videotaping, and Electronic Recordings (Eff. 1/1/12) ................................. 17-1 17.2 Court Reporter Transcripts (Amended eff. 1/1/17) ............................................................. 17-2 17.3 Expressive Activity (Eff. 1/1/18) ....................................................................................... 17-4 17.4 Lodging of Documents Other than Trial Exhibits (Eff. 7/1/19) ......................................... 17-8 17.5 Lodging, Storage, and Return of Trial Exhibits [RESERVED] ............................................. 17-9 17.6 Payment with Coin (Eff. 7/1/19) ........................................................................................ 17-9

APPENDIX

M-1-2016 Weapons in the Courthouse (Eff. 7/1/16)............................................................................ 17-11

Table of Contents - 9

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Superior Court of California County of Solano Local Rules – Detailed Table of Contents Number Rule Page MISC-8-2017 Standing Order Re: Expressive Activity (Eff. 1/1/18) ....................................................... 17-13

RULE 18 SMALL CLAIMS Rule 18.1 Telephonic Appearances (Adopted Eff. 7/1/20) …………………………………………. 18-1 18.2 through [RESERVED] ........................................................................................................................ 18-1 18.99 SUBJECT MATTER INDEX

LOCAL FORMS INDEXES

Table of Contents - 10

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Superior Court of California County of Solano

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Superior Court of California County of Solano

Rule 1 – General Provisions

1.1 ADOPTION OF LOCAL RULES

The Superior Court of California, County of Solano hereby adopts these local rules pursuant to California Government Code section 68070 and Code of Civil Procedure sections 575.1 and 575.2. Unless otherwise stated in an individual rule, the term “court” as used in these local rules shall mean the Superior Court of California, County of Solano.

(Rule 1.1 amended effective January 1, 2010; adopted effective January 1, 1998.)

1.2 DIVISIONS OF THE COURT; ASSIGNMENT OF SUPERVISING JUDGES

The court shall be divided into five judicial divisions: the Criminal Division, the Civil Division, the Family Division, the Juvenile Division, and the Appellate Division. The court’s Presiding Judge shall appoint the presiding judge of the Juvenile Division and the supervising judges of all other divisions.

(Rule 1.2 amended effective July 1, 2014; adopted effective January 1, 1998; previously amended effective January 1, 2010.)

1.3 DIRECT CALENDARING

All matters pending in the court on January 1, 1998, or filed after January 1, 1998, shall be directly calendared to be heard by one judge for all purposes. If the name of the judge is announced in open court, this announcement shall be deemed adequate and appropriate notice to the parties and attorneys present of the assignment for all purposes.

(Rule 1.3 amended and renumbered effective January 1, 2010; adopted as Rule 1.4 effective January 1, 1998.)

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Superior Court of California County of Solano

Rule 1 – General Provisions

1.4 REASSIGNMENT UPON DISQUALIFICATION OF JUDICIAL OFFICER OR FOR OTHER CAUSE

When a judicial officer is disqualified, either on a peremptory challenge, for cause, or by the judicial officer’s own determination, the matter shall be referred to the presiding judge for reassignment. The reassignment shall be made by the presiding judge or designee, or the supervising or presiding judge of the division, upon the delegation of that authority by the presiding judge, and shall be for all purposes. A matter reassigned to a judicial officer for any other reason shall likewise be for all purposes, unless otherwise ordered by the Presiding Judge or by the Supervising Judge of the division.

(Rule 1.4 amended effective January 1, 2012; adopted as Rule 1.6 effective January 1, 1998; amended and renumbered effective January 1, 2010.)

1.5 DIGITAL SIGNATURES

The use of digital signatures on documents filed with the Court is allowed, and shall have the same force and effect as the use of a manual signature, if it complies with all of the requirements of Government Code section 16.5(a)(1)-(5). No other form of electronic signatures will be accepted. A party who files a document containing a digital signature under this rule represents that the signer’s certificate or similar verification document is maintained in the party’s possession or control, and is subject to production upon request from the Court.

(Rule 1.5 adopted effective January 1, 2020)

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Superior Court of California County of Solano

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Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases

PART ONE: Rules Applicable to Misdemeanors and Felonies

2.1 APPLICATION OF RULES

The rules in Part One of Rule 2 apply to all felony and misdemeanor criminal cases pending on, or filed on or after, January 1, 1998.

(Rule 2.1 amended effective January 1, 2013; adopted effective January 1, 1998; previously amended effective January 1, 2010.)

2.2 DIRECT CALENDARING OF CRIMINAL CASES

When a criminal case is filed either by complaint or indictment, the matter shall be assigned, after arraignment, to one judicial officer for all purposes. All criminal cases shall be heard first in an arraignment department of the court and from that department the case shall be assigned to one of the judicial officers in the Criminal Division of the court and the parties shall be notified in open court and on the record of the name of the judicial officer so assigned. The assignment to the judicial officer shall be deemed for all purposes.

If the parties are not notified of the assignment to one judicial officer for all purposes in

open court, then the Clerk of the Court, after a judicial officer is selected, shall send a written notification to all parties by first class mail and file in the court file a verification of mailing.

(Rule 2.2 amended effective January 1, 2013; adopted effective January 1, 1998; previously amended effective January 1, 2010.)

2.3 PROCEDURE

a. PETITIONS PER PENAL CODE SECTION 1203.4 AND 1203.4a

Any defendant wishing to file a petition for relief per Penal Code sections 1203.4
or 1203.4a and who wishes to have their costs waived shall file a completed
financial declaration on a form designated by the court. The form shall be filed
concurrently with the petition.

(Subd. (a) adopted effective January 1, 2013.)

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Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases
PART ONE: Rules Applicable to Misdemeanors and Felonies

b. ORDERS SHORTENING TIME

Regarding pretrial motions governed by Rule of Court 4.111, when good cause
exists, the court may prescribe a shorter time for the service and filing of a notice
of motion and supporting papers sua sponte or if the party seeking to shorten the
time files an Application for Ex Parte Order Shortening Time with the court. A
party filing an Application for Ex Parte Order Shortening Time must notify all
parties no later than 10:00 a.m. the court day before the ex parte appearance, absent
a showing of exceptional circumstances that justify a shorter time for notice. Notice
may be given by telephone. The application shall be accompanied by an affidavit
or declaration setting forth facts showing good cause for the order and showing that
notice was given to each party of the ex parte hearing. The application shall also be
accompanied by a proposed order, as well as by the notice of motion and supporting
papers.

(Subd. (b) adopted effective July 1, 2014.)

(Rule 2.3 amended effective July 1, 2014; adopted effective January 1, 2013; prior Rule
2.3, adopted effective January 1, 1998, repealed effective January 1, 2013.)

2.4 DIVERSION

a. MENTAL HEALTH DIVERSION

The procedures and policies contained in the Mental Health Diversion Procedures
and Policies in the Appendix to Rule 2 shall be followed for all mental health
diversions in felony and misdemeanor matters.

(Rule 2.4 adopted effective July 1, 2019; former Rule 2.4 repealed effective January 1,
2013.)

2.5 – 2.49 [Reserved]

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Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases PART TWO: Felony Criminal Cases

2.50 – 2.99 [Reserved]

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Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases PART THREE: Misdemeanor Cases

2.100 – 2.149 [Reserved]

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Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases PART FOUR: Traffic Infraction Cases

2.150 – 2.199 [Reserved]

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Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases

APPENDIX

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MENTAL HEALTH DIVERSION PROCEDURES AND POLICIES

SOLANO COUNTY SUPERIOR COURT

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INTRODUCTION. California Penal Code section 1001.36 sets forth a discretionary pre-trial diversion procedure for any defendant charged with a misdemeanor or felony, who suffers from a mental disorder listed in the Diagnostic and Statistical Manual (DSM) of Mental Disorders, the symptoms of which can be abated with treatment, if the mental disorder played a significant part in the commission of the charged offense.

ELIGIBILITY. The Court has broad discretion to grant or deny diversion. In exercising said discretion, the Court shall consider all of the following requirements: 1. The court is satisfied that the defendant suffers from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia; said information should specifically detail “recent diagnosis” of the disorder. 2. The court is satisfied that the defendant’s mental disorder played a significant role in the commission of the charged offense; 3. In the opinion of a qualified mental health expert, the defendant’s symptoms motivating the criminal behavior would respond to mental health treatment; 4. The defendant consents to diversion and waives the right to a speedy trial; 5. The defendant agrees to comply with treatment as a condition of diversion; 6. The court is satisfied that the defendant will not pose an unreasonable risk of danger to public safety, as defined in section 1170.18, if treated in the community; and, 7. The court is satisfied that the recommended inpatient or outpatient program of mental health treatment will meet the specialized mental health treatment needs of the defendant. 8. The Court shall consider whether defendant’s conduct in prior diversion or treatment programs suggest that defendant is now unsuitable. 9. If questions regarding defendant’s competence arise (pursuant to Penal Code section 1368, et.seq.), defendant may nonetheless place an incompetent defendant on diversion, provided that he/she is deemed “suitable”. Penal Code sections 1370(a)(1)(B)(iv) and 1370.01(a)(2).

Offenses not eligible for Mental Health Diversion: 1. Murder or voluntary manslaughter; 2. An offense for which a person, if convicted, would be required to register pursuant to section 290, except for a violation of section 314; 3. Rape; 4. Lewd or lascivious act on a child under 14 years of age;

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5. Assault with intent to commit rape, sodomy, or oral copulation, in violation of section 220; 6. Commission of rape or sexual penetration in concert with another person, in violation of section 264.1; 7. Continuous sexual abuse of a child, in violation of section 288.5; and, 8. A violation of subdivision (b) or (c) of section 11418.

   MENTAL HEALTH DIVERSION – PROCEDURES

   A. Notice of motion. Defense counsel shall file an Application for Mental Health Diversion (MHD), pursuant to section 1001.36, with the Court and serve the prosecutor with a copy. The motion shall specify in detail: a. The mental disorder at issue, including diagnostic and treatment history of said disorder. If the defendant suffers from multiple or co-occurring disorders, the application shall so specify. b. A description of the nexus between defendant’s mental disorder and the charged offense; c. The opinion of a qualified mental health expert indicating that the defendant’s symptoms motivating the criminal behavior would respond to mental health treatment; d. A statement that the defendant consents to diversion and waives the right to a speedy trial; e. A statement that the defendant agrees to comply with treatment as a condition of diversion; f. A description of the proposed treatment plan. Said plan shall include, at a minimum, a discussion of: i. Plan for receipt of medical / clinical treatment, including, if appropriate, plans for access to psychotropic medication ii. Housing iii. Insurance coverage / options for treatment iv. Available support systems, including family and/or mentor support

   B. Meet & confer prior to motion. Prior to hearing on the motion for diversion, defense counsel and prosecution shall meet and confer to determine: a. Whether the parties agree that diversion is appropriate; b. If there is no agreement, whether modifications of the treatment plan could lead to agreement for diversion.

   C. Initial hearing on motion. The Court shall initially conduct a hearing to determine if the defendant has made a prima facie showing that he/she is suitable for consideration for mental health diversion. The Court shall find either: a. A prima facie basis for diversion has been established; and the Court further finds the defendant and suitable for MHD.

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b. A prima facie basis for diversion has not been established and the MHD is denied; or c. A prima facie basis for diversion has been established, but the Court finds the defendant is not suitable for MHD. If the Court finds that the defendant is suitable for MHD, it shall set a further hearing for defendant to present a treatment plan. If diversion is initially denied, the case shall continue as scheduled.

D. Diversion commencement hearing. The Court shall conduct a hearing to accept defendant’s waivers and formally approve the diversion plan. At the hearing, he defense counsel shall file a copy of the treatment plan with the Court. The Court shall retain the treatment plan in the confidential section of the court file.

a. Approval of treatment plan. The Court shall review the treatment plan and decide as follows: i. If the treatment plan is suitable: the Court shall grant the motion for MHD and stay the criminal proceedings; and the defendant shall have up to two years from this date to complete treatment. The defendant shall sign the Order for Mental Health Diversion. The defendant shall be ordered to return for a progress report hearing 30 to 90 days out on a MHD review calendar. ii. If the treatment plan is not suitable: the Court shall order the defendant to get an updated plan and continue the hearing. Once the treatment plan is approved, the Court shall make the same orders noted in (a) above. If the Court is not able to find a treatment plan suitable, the Court may deny the motion for diversion and resume with the criminal proceedings.

E. MHD status conference. No less than 5 days prior to the date scheduled for progress report, the defense shall submit a progress report which shall describe, in detail, all progress made on each specified element of the treatment plan. The Court shall retain the treatment plan in the confidential section of the court file. At the progress report hearing, the judicial officer shall review the report for compliance, and if:

a. The defendant is making progress, set another progress report date (in 30 to 90 days);

b. The defendant is not making progress, the Court may: give defendant additional time to comply and continue progress hearing to another date; terminate defendant from the program and continue criminal proceedings—if requested, the Court may consider scheduling a noticed hearing to hear further evidence on why defendant should not be terminated from MHD;

F. Termination of Diversion or Modification of Treatment

a. Motion to Terminate Diversion. The District Attorney (DA) may file or orally notice motion to terminate diversion on the following grounds: a) The defendant is charged with an additional misdemeanor allegedly committed during the pretrial diversion and that reflects the defendant’s propensity for violence.

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b) The defendant is charged with an additional felony allegedly committed during the pretrial diversion. c) The defendant is engaged in criminal conduct rendering him or her unsuitable for diversion. d) The defendant is performing unsatisfactorily in the assigned program, based upon the opinion of a qualified mental health expert (whom the court may deem an appropriate expert).

The court may do any of the following: a) Deny the motion and allow diversion to proceed. In this case the Court and counsel shall then select the next progress report court date. b) Deny the motion but modify and/or increase treatment level. In this case the Court and counsel shall then select the next progress report court date. c) Grant the motion terminating diversion and reinstate criminal proceedings.

G. Completion of MHD. Upon successful completion of all terms and conditions of diversion, the Court shall dismiss the matter pursuant to Penal Code section 1001.36.

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Superior Court of California County of Solano

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Superior Court of California County of Solano

Rule 3 – Civil Cases

3.1 APPLICATION OF RULES

Rule 3 shall apply to all civil cases, limited and unlimited, filed in the Superior Court of California, County of Solano. Unless otherwise specified elsewhere in the local rules, Rule 3 shall not apply to matters filed under the California Family Code (including adoptions and petitions to terminate parental rights), small claims cases, unlawful detainer cases, probate cases, mental health cases, juvenile cases, or extraordinary writs.

Any reference in these rules to “attorney” or “counsel” shall apply equally to any person representing himself or herself in a case subject to these rules.

(Rule 3.1 amended effective July 1, 2011; adopted effective January 1, 1998; previously amended effective October 1, 2002, January 1, 2009, and January 1, 2010.)

3.2 DIRECT CALENDARING OF CIVIL CASES; ASSIGNMENTS AND REASSIGNMENTS

When a civil case is filed, or received and filed as a transfer from another county, the Clerk of the Court shall assign the case to one of the judges in the Civil Division of the court. The assignment to a judge shall be deemed to be for all purposes. The method of selection of the judge to be assigned to a case shall be subject to the approval of the Supervising Judge of the Civil Division and shall be designed to equally distribute the workload among the judges of the Civil Division and best serve the court.

When a judicial officer is disqualified in a civil matter, either on a peremptory challenge, for cause, or by the judicial officer’s own determination, the matter shall be reassigned per

Rule 1.4. A matter reassigned to another judicial officer for any other reason shall likewise be for all purposes, unless otherwise ordered by the Presiding Judge or Supervising Judge of the Civil Division.

This rule does not apply to limited jurisdiction collection actions that qualify under California Rules of Court, rule 3.740, except that a judge may be assigned in those cases upon any of the following events: (1) The plaintiff’s failure to file proof of service or obtain order for publication of summons within 180 days of the filing of the complaint; (2) the plaintiff’s failure to obtain default judgment within 360 days of the filing of the complaint, if no responsive pleading has been filed; or (3) upon the filing of a responsive pleading by a defendant.

(Rule 3.2 amended effective January 1, 2012; adopted effective January 1, 1998; previously amended effective January 1, 2009, and July 1, 2011.)

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Superior Court of California County of Solano

Rule 3 – Civil Cases

3.3 NOTIFICATION OF PLAINTIFF OF ASSIGNMENT TO ONE JUDGE FOR ALL PURPOSES

Upon the filing of the complaint, the Clerk of the Court shall notify plaintiff, plaintiff’s attorney, or an agent of the plaintiff of the assignment to one judge for all purposes; and, if in person, the person receiving notice shall sign an acknowledgement of the notification on a form to be prepared by the Clerk of the Court indicating thereon that the notification is received on behalf of plaintiff. The clerk shall file the acknowledgement of the notification in the court file with an attached proof of personal service. If the notification of the plaintiff, his attorney or agent is not in person and acknowledged in writing, then the clerk shall mail a notice to plaintiff at his or her address of record by first class mail and file a proof of mailing in the court file.

Plaintiff shall promptly notify all parties in the case at the time the assignment is made and notify all parties who later enter the case and file with the court a proof of service of such notification of the assignment to a judge for all purposes within five (5) days after the notice is served.

(Rule 3.3 amended effective July 1, 2010; adopted effective January 1, 1998.)

3.4 DESIGNATION OF COURT [Repealed]

(Rule 3.4 repealed effective July 1, 2011; adopted effective January 1, 1998; amended effective October 1, 2002, and July 1, 2010.)

3.5 CALENDARING OF HEARINGS

With the exception of ex parte matters, all hearings shall be scheduled through the Civil Division calendar clerk.

(Rule 3.5 adopted effective July 1, 2011.)

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Superior Court of California County of Solano

Rule 3 – Civil Cases

3.6 DEPOSIT OF JURY FEES

Advance jury fees in the amount of one hundred and fifty dollars ($150.00) shall be deposited with the Clerk of the Court in compliance with Code of Civil Procedure section 631. Jury fees deposited after June 27, 2012, are nonrefundable.

(Rule 3.6 amended effective July 1, 2013; adopted as Rule 3.10 effective January 1, 1998; previously amended effective October 1, 2002; previously amended and renumbered effective January 1, 2010; amended effective July 1, 2011, and January 1, 2013.)

3.7 FORFEITURE OF JURY FEES PER CCP SECTION 631.3

For purposes of Rule 3.6 and per Code of Civil Procedure section 631.3, it is deemed necessary for the court to have at least five court days notice of waiver of jury, continuance or settlement of the case in order to notify the jurors that the trial will not proceed at the time set. Failure to notify the court in writing of a waiver of jury, continuance of a jury trial date, or settlement of a case set for trial at least five court days prior to the assigned date of trial shall result in the forfeiture of the jury fee deposit.

Because jury fees deposited after June 27, 2012, are nonrefundable, this local rule shall apply only to cases where jury fees were deposited on or before June 27, 2012.

(Rule 3.7 amended effective July 1, 2013; adopted as Rule 3.11 effective January 1, 1998; amended and renumbered effective January 1, 2010; amended effective July 1, 2011, and January 1, 2013.)

3.8 NOTIFICATION TO COURT OF DROPS, CONTINUANCES AND STIPULATIONS

When a matter is to be dropped, continued or stipulated to, counsel for the moving party shall promptly notify the department of the court to which the matter is assigned. No matters will be continued after announcement of a tentative ruling thereon, except by order of the court for good cause.

No matter shall be continued unless the department of the court to which the matter is assigned approves of the continuance date. Any continuance requested within forty-eight (48) hours of the hearing date shall be directed to the department in which the hearing is scheduled for approval.

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Superior Court of California County of Solano

Rule 3 – Civil Cases

In the absence of a showing of good cause by counsel, no matter shall be continued on the law and motion calendar pursuant to stipulation of counsel, or otherwise, more than twice.

(Rule 3.8 amended and renumbered effective January 1, 2010; adopted as Rule 3.13 effective January 1, 1998; former Rule 3.8, which concerned the court case number, repealed effective January 1, 2010.)

3.9 TENTATIVE RULINGS

a. AVAILABILITY OF TENTATIVE RULINGS

Per California Rules of Court, rule 3.1308, the court has adopted a tentative rulings
procedure for civil law and motion. A tentative ruling on a civil matter will be
available after 2:00 p.m. on the court day immediately preceding the scheduled
hearing on that matter by signing onto the court’s web site at
www.solano.courts.ca.gov and selecting “Tentative Rulings,” or by telephoning
(707) 207-7331. Tentative rulings will not be posted for unlawful detainer matters.

(Subd (a) amended effective July 1, 2015; adopted as Rule 3.14 effective January
1, 1998; previously amended effective October 1, 2002; amended and relettered
effective January 1, 2010; previously amended effective July 1, 2011, January 1,
2012, and July 1, 2013.)

b. NOTIFICATION OF INTENT TO APPEAR AT HEARING

The tentative ruling shall become the ruling of the court unless a party desiring to
be heard notifies the court and all other parties of the party’s intention to appear.

The party desiring to be heard shall advise the court of his or her intention to appear
by doing either of the following no later than 4:30 p.m. on the court day preceding
the hearing:

(1) Submitting a Request for Oral Argument through the court’s website; or,

(2) Telephoning the department hearing the matter at the telephone number
indicated in the tentative ruling.

In either case, the party giving notice of his or her intention to appear shall advise
the court that the party has notified all other parties of the party’s intention to appear
and argue.

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Rule 3 – Civil Cases

(Subd (b) amended effective July 1, 2017; adopted as Rule 3.15 effective January
1, 1998; relettered as subd (b) effective January 1, 2010; previously amended
effective July 1, 2010 and January 1, 2016.)

c. ARGUMENT ON TENTATIVE RULING

Where an appearance has been requested or invited by the court, limited argument
will be entertained, not to exceed 20 minutes per case. Appearances may be made
telephonically, in accordance with California Rules of Court, rule 3.670 and Solano
County Local Rules, rule 4.12(h), unless the court orders a personal appearance.

(Subd (c) amended effective July 1, 2011; adopted as Rule 3.16 effective January
1, 1998; previously amended effective January 1, 2009; relettered effective
January 1, 2010.)

d. NOTICE OF TENTATIVE RULINGS SYSTEM TO BE INCLUDED IN NOTICE OF
MOTION

All motions shall include notice of this local rule in substantially the following
form: “Notice: The Superior Court in and for Solano County has adopted a tentative
rulings system that is described in the court’s local Rule 3.9. Failure to comply
with Rule 3.9 may seriously affect parties’ rights in this case.”

(Subd. (d) adopted effective January 1, 2012.)

(Rule 3.9 amended effective July 1, 2017; adopted as Rule 3.14 effective January 1, 1998;
previously amended effective October 1, 2002; amended and renumbered as Rule 3.9
effective January 1, 2010; amended effective July 1, 2010, July 1, 2011, January 1, 2012,
July 1, 2013, July 1, 2015, and January 1, 2016.)

3.10 TELEPHONIC APPEARANCES

Litigants or counsel wishing to appear by telephone per California Rules of Court, rule 3.670 shall refer to the Court’s website at www.solano.courts.ca.gov and follow the procedures as set forth on the website. Litigants or counsel wishing to appear telephonically shall be responsible for all fees and costs charged by the service provider.

(Rule 3.10 amended effective July 1, 2017; adopted effective July 1, 2014.)

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Superior Court of California County of Solano

Rule 3 – Civil Cases

3.11 APPEARANCES BY PERSONS IN CUSTODY

The court will not transfer or transport an inmate to court in connection with a civil complaint for damages, including a small claims action. Pursuant to Code of Civil Procedure section 116.540(f), a party incarcerated in a county jail, a Department of Corrections and Rehabilitation facility, or a Division of Juvenile Facilities facility is not required to personally appear, but may submit written declarations to serve as evidence supporting their claim. Such declarations must be filed at least five (5) court days in advance. An inmate wishing to make a telephonic appearance must make the request in writing at least five (5) court days in advance. If no declarations have been received by the court and no telephonic appearance has been scheduled, dismissal of the action or entry of a default judgment may be entered.

(new Rule 3.11 adopted July 1, 2020.)

3.12 FAILURE TO NOTIFY COURT WHEN ATTORNEY CANNOT BE PRESENT SHALL BE DEEMED SUFFICIENT CAUSE TO ORDER OFF CALENDAR

If an attorney cannot be present on time at the call of the matter on calendar, he or she must, prior to the call, inform the courtroom clerk of that department of the reason for and extent of such delay. Failure to appear or furnish such information shall be deemed sufficient cause for ordering the matter off calendar or for proceeding to hear the matter in the absence of counsel, as the court, in its discretion, may determine.

(Rule 3.12 renumbered July 1, 2020; renumbered as 3.11 effective January 1, 2010; adopted as Rule 3.19 effective January 1, 1998.)

3.13 OFF CALENDAR

A law and motion matter that has gone off calendar may be restored thereto only upon notice, excepting in an extraordinary situation, to be determined by the court in its discretion.

(Rule 3.13 renumbered effective July 1, 2020; Rule 3.12 renumbered effective January 1, 2010; adopted as Rule 3.20 effective January 1, 1998; former Rule 3.12, which concerned the California Rules of Court, repealed effective January 1, 2010.)

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Rule 3 – Civil Cases

3.14 EX PARTE MATTERS

Ex parte matters will be heard upon appointment scheduled directly with the designated department. The date and time of the ex parte hearing must be confirmed with the designated department prior to the moving party giving notice of the hearing. For purposes of this rule, the designated department is the department already assigned to the case, or, if the case has not yet been assigned to a department or judicial officer, the designated department is the department assigned by the Supervising Judge.

Unless otherwise expressly authorized by law, a party requesting ex parte relief related to law and motion matters shall file the underlying motion prior to or contemporaneously with filing of the ex parte application. The ex parte application shall comply with California Rules of Court 3.1200-3.1207.

A request to schedule an ex parte hearing may be summarily denied without hearing when the request fails to meet the criteria set forth in California Rules of Court, rules 3.1200 - 3.1207. Ex parte applications submitted to seek scheduling relief from court setting guides or caps, but which do not otherwise seek relief from the Code of Civil Procedure or California Rules of Court, may be summarily granted without a hearing.

An ex parte hearing shall be conducted only following the filing of the ex parte application and supporting paperwork, any underlying related motion, and proof of satisfaction of any filing fees. Prior to the commencement of the hearing, the moving party shall file a declaration under penalty of perjury confirming that notice was provided to the opposing side, including the date, time, manner and name of any party so informed and proof of service of any applicable papers.

(Rule 3.14 renumbered effective July 1, 2020; Rule 3.13 amended effective July 1, 2018; adopted as Rule 3.21 effective January 1, 1998;previously amended effective July 1, 2005; previously amended effective July 1, 2009;renumbered as Rule 3.13 effective January 1, 2010; amended effective July 1, 2010;amended effective July 1, 2011; amended effective July 1, 2013.)

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Rule 3 – Civil Cases

3.15 INFORMAL DISCOVERY CONFERENCES (CCP § 2016.080)

Requests for informal discovery conferences made per Code of Civil Procedure section 2016.080 shall be filed with the clerk’s office.

A request for an informal discovery conference shall include a declaration with facts showing the requesting party made a reasonable and good faith attempt at an informal resolution of each issue presented. A request for an informal discovery conference shall also include a statement enumerating the specific discovery requests at issue, identified by type, set, and number (e.g. Plaintiff’s Special Interrogatories, Set Two, Numbers 7, 9, 13 and 14); a copy of the discovery propounded that is at issue (e.g. a copy of Plaintiff’s Special Interrogatories, Set Two); a copy of any response received to the discovery at issue (e.g. a copy of Defendant’s Response to Plaintiff’s Special Interrogatories, Set Two); and a brief explanation as to the nature of the dispute for each discovery request at issue.

Each attorney appearing at the informal discovery conference shall have authority to enter into binding agreements concerning discovery on behalf of their client.

(Rule 3.15 renumbered effective July 1, 2020; Rule 3.14 adopted effective July 1, 2018; former Rule 3.14 repealed effective July 1,2011.).)

3.16 MOTIONS TO CONSOLIDATE

Motions to consolidate cases shall be heard in the department to which the case with the lowest file number is assigned.

In the event that cases are consolidated and unless otherwise ordered by the judicial officer hearing the consolidation motion, the pleadings filed thereafter shall be filed in the case file with the lowest file number and the consolidated case shall be assigned for all purposes to the judge to which the case with the lowest file number is assigned.

(Rule 3.16 renumbered effective July 1, 2020; Rule 3.15 amended effective July 1, 2010; adopted as Rule 3.26 effective January 1, 1998;renumbered as Rule 3.15 effective January 1, 2010.)

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3.17 MOTIONS PAPERS

Motions papers must be received within three court days of reserving a law and motion date. If papers are not received within three court days, the date reserved will be canceled.

(Rule 3.17 renumbered effective July 1, 2020; Rule 3.16 amended effective July 1, 2010; adopted as Rule 3.27 effective October 1, 2002;renumbered as Rule 3.16 effective January 1, 2010.)

3.18 MANDATE ACTIONS ARISING UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

a. WHERE FILED
Mandamus actions challenging an agency decision under the California
Environmental Quality Act (Public Resources Code §21000 et seq.) (“CEQA”)
shall be filed in the office of the Civil Clerk of the Court. Each action shall be
accompanied by an initial filing form designating the action as Environmental Law
– CEQA (Public Resources Code § 21167.1), and shall be assigned to the
designated CEQA department for all purposes.

(Subd (a) amended effective July 1, 2010; adopted effective July 1, 2005.)

b. MEDIATION
In accordance with Government Code section 66031, within five (5) days after the
deadline for respondent or defendant to file a response to the action, plaintiff or
petitioner shall prepare and lodge with the designated CEQA department a notice
form for the court’s signature inviting mediation. The court shall then mail the
notice of invitation to the parties.

(Subd (b) amended and relettered effective July 1, 2010; adopted as subd (c)
effective July 1, 2005; prior subd (b), concerning ordering the administrative
record, repealed effective July 1, 2010.)

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c. PREPARING THE ADMINISTRATIVE RECORD

(1) Preparation by the Public Agency

(a) Within twenty (20) calendar days after receipt of a request to prepare
the administrative record, the public agency responsible for such
preparation shall personally serve on petitioners a preliminary
notification of the estimated cost of preparation, setting forth the
agency’s normal costs per page, other reasonable costs, if any, the
agency anticipates, and the likely range of pages. This notice shall
also state, to the extent then known, the location(s) of the documents
anticipated to be incorporated into the administrative record, shall
designate the contact person(s) responsible for identifying the
agency personnel or other person(s) having custody of those
documents, and shall provide a listing of dates and times when those
documents will be made available to petitioners or any party for
inspection during normal business hours as the record is being
prepared. This notice shall be supplemented by the agency from
time to time as additional documents are located or determined
appropriate to be included in the record.

(Subd (a) relettered effective January 1, 2010; adopted as Subd
(d)(1) effective July 1, 2005.)

(b) Upon receipt of this preliminary notification, petitioners may elect
to prepare the record themselves provided they notify the agency
within five (5) calendar days of such receipt. If petitioners so elect,
then within forty (40) calendar days of service of the initial notice
to prepare the administrative record, petitioners shall prepare and
serve on all parties a detailed index listing the documents proposed
by petitioners to constitute the record. Within seven (7) calendar
days of this notification, the agency and/or other parties shall
prepare and serve the petitioners and all parties with a document
notifying them of any document(s) or item(s) that such parties

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contend should be added to, or deleted from, the record. The agency
shall promptly notify petitioners of any required photocopying
procedures and/or conditions with which petitioners must comply in
their preparation of the record.

(Subd (b) relettered effective January 1, 2010; adopted as Subd
(d)(2) effective July 1, 2005.)

(c) If petitioners do not so elect, then within forty (40) calendar days
after service of the request to prepare the administrative record, the
agency shall prepare and serve on the parties a detailed index listing
the documents proposed by the agency to constitute the record and
provide a supplemental estimated cost of preparation. Within seven
(7) calendar days of receipt of this notification, petitioners and/or
any other parties shall prepare and serve the agency and all parties
with a document notifying the agency of any document(s) or item(s)
that such parties contend should be added to, or deleted from, the
record.

(Subd (c) relettered effective January 1, 2010; adopted as Subd
(d)(3) effective July 1, 2005.)

(Subd (1) amended effective January 1, 2010; adopted effective July 1,
2005.)

(2) Preparation by Petitioners

(a) Within twenty (20) calendar days after receipt of petitioners’ notice of election to prepare the record themselves, the public agency responsible for certification of the record shall personally serve on petitioners a preliminary notification designating, to the extent then known, the location(s) of the documents anticipated to be incorporated into the administrative record, the contact person(s) responsible for identifying the agency personnel or other person(s) having custody of those documents, and the dates and times when those documents will be made available to petitioners or any party for their inspection and copying. This notice shall also state any required photocopying procedures and/or conditions with which petitioners must comply in their preparation of the record. This notice shall be supplemented by the agency as additional documents are located or determined appropriate to be included in the record.

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(Subd (a) adopted effective July 1, 2005.)

(b) Within forty (40) calendar days after service of petitioners’ notice
of election, petitioners shall prepare and serve on all parties a
detailed index listing the documents proposed by petitioners to
constitute the record. Within seven (7) calendar days of this
notification, the agency and/or other parties shall prepare and serve
the petitioners and all parties with a document notifying them of any
document(s) or item(s) that such parties contend should be added to,
or deleted from, the record.

(Subd (b) adopted effective July 1, 2005.)

(Subd (2) renumbered effective January 1, 2010; adopted as Subd (d)(4)
effective July 1, 2005.)

(Subd (c) relettered effective July 1, 2010; adopted as subd (d) effective July 1,
2005; amended effective January 1, 2010.)

d. FORMAT OF ADMINISTRATIVE RECORD

The format of the administrative record shall be governed by California Rules of
Court, rules 3.1365 and either 3.1367 or 3.1368, as appropriate.

(Subd (d) amended and relettered effective July 1, 2010; adopted as subd (e)
effective July 1, 2005.)

e. LODGING THE ADMINISTRATIVE RECORD IN ELECTRONIC FORMAT

Any party lodging the administrative record in an electronic format as permitted by
California Rules of Court, rule 3.1365 et seq. shall simultaneously file a declaration
with the court affirming under penalty of perjury that the medium in which the
record is contained and lodged with the court is free of computer viruses or other
malware.

(Subd (e) amended and relettered effective July 1, 2010; adopted as subd (f)
effective July 1, 2005.)

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f. DISPUTES REGARDING THE CONTENTS OF THE ADMINISTRATIVE RECORD

Once the record has been filed, any disputes about its accuracy or scope should be
resolved by appropriate noticed motion. For example, if the agency has prepared
the record, petitioners may contend that it omits important documents or that it
contains inappropriate documents; if the petitioners have prepared the record, the
agency may have similar contentions. A motion to supplement the certified record
with additional documents and/or to exclude certain documents from the record
may be noticed by any party and should normally be filed concurrently with the
filing of petitioners’ opening memorandum of points and authorities in support of
the writ. Opposition and reply memoranda on the motion should normally be filed
with the opposition and memoranda, respectively, regarding the writ. The motion
should normally be calendared for hearing concurrently with the hearing on the
writ.

(Subd (f) relettered effective July 1, 2010; adopted as subd (g) effective July 1,
2005.)

g. BRIEFING SCHEDULE AND LENGTH OF MEMORANDA

Unless otherwise ordered by the court, the following briefing schedule shall be
followed in all cases:

(1) Petitioners shall file directly in the designated CEQA department and serve
personally, by overnight mail or, if previously agreed, by fax or electronic
service, an opening memorandum of points and authorities in support of the
petition within thirty (30) days from the date the administrative record is
served.

(2) Respondent and Real Party in Interest shall file directly in the designated
CEQA department and serve personally, by overnight mail, or if previously
agreed, by fax or electronic service, opposition points and authorities, if any,
within thirty (30) days following service of petitioners’ memoranda of
points and authorities.

(3) Petitioners shall have twenty (20) days from service of the opposition’s
points and authorities to file directly in the designated CEQA department
and serve personally, by overnight mail, or if previously agreed, by fax or
electronic service, a reply memorandum of points and authorities.

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(4) The parties may agree upon a shorter time frame for briefing by written
stipulation filed with the court.

(Subd (g) amended and relettered effective July 1, 2010; adopted as subd (i)
effective July 1, 2005.)

h. TRIAL NOTEBOOK

Petitioner shall prepare a trial notebook which shall be filed with the designated
CEQA Department fourteen (14) days before the date of the hearing. The trial
notebook shall consist of the petition, the answer(s), the briefs, any motions set to
be heard at trial, the statement of issues, and any other document(s) agreed upon by
the parties or ordered by the court.

(Subd (h) amended and relettered effective July 1, 2010; adopted as subd (j)
effective July 1, 2005; previous subd (h), concerning notice of hearing, repealed
effective July 1, 2010.)

(Rule 3.18 renumbered effective July 1, 2020; Rule 3.17 amended effective July 1, 2010;
adopted as Rule 3.28 effective July 1, 2005; amended and renumbered as Rule 3.17
effective January 1, 2010.)

3.19 FILING OF NOTICES OF UNAVAILABILITY

The court shall not accept for filing a "Notice of Unavailability of Counsel" or other document or pleading whose sole purpose is to advise the court and/or other parties of an attorney's or party's unavailability. (Carl v. Superior Court of Orange County (2007) 157 Cal.App.4th 73.)

(Rule 3.19 renumbered effective July 1, 2020; Rule 3.18 renumbered effective January 1, 2010; adopted as Rule 3.29 effective January 1, 2009.)

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Rule 4 – Administration of Civil Litigation (Trial Court Delay Reduction Act)

4.1 SCOPE AND POLICY

a. SCOPE OF RULE 4

Rule 4 is intended to implement the Trial Court Delay Reduction Act (Government
Code section 68600 et seq.) and shall apply to all general civil actions. The term
“general civil action” shall have the same meaning as set forth in California Rules
of Court, rule 1.6, subdivision (4).

Rule 4 shall not apply to uninsured motorist cases, coordinated cases, or collections
cases unless and until they become subject to the Trial Court Delay Reduction Act
per California Rule of Court, rule 3.712.

(Subd (a) amended effective July 1, 2011; adopted effective January 1, 1998;
previously amended effective July 1, 2005, and January 1, 2010.)

b. POLICY AND CASE DISPOSITION STANDARDS

It is the policy of this court that all civil cases shall be resolved as expeditiously as
possible, consistent with the obligation of the courts to give full and careful
consideration to the issues presented, and consistent with the right of the parties to
adequately prepare and present their cases to the court. Furthermore, it is the policy
of the court that all actions subject to these rules shall be actively managed,
supervised and controlled by the court from the time of filing of the first document
invoking the court’s jurisdiction through final disposition. This court’s case
disposition standards are as set forth in California Rules of Court, rule 3.714,
subdivision (b).

(Subd (b) amended effective January 1, 2010; adopted effective January 1, 1998;
previously amended effective July 1, 2005.)

c. APPLICABILITY OF RULE 4 TO OTHER RULES

Notwithstanding Rule 4.1, subsection (a), any rule within Rule 4 may be made
expressly applicable to other proceedings through the enactment of or amendment
to a local rule governing that proceeding.

(Subd (c) amended effective January 1, 2010; adopted effective January 1, 2009.)

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(Rule 4.1 amended effective July 1, 2011; adopted effective January 1, 1998; previously amended effective July 1, 2005, January 1, 2009, and January 1, 2010.)

4.2 CASE DESIGNATION

a. DEFAULT DESIGNATION OF CASE; TIMING OF DESIGNATION

All civil cases subject to these rules shall be classified as TRACK A cases unless,
on good cause shown, the court designates the case as a TRACK B case or TRACK
C (complex) litigation. The determination as to whether a case is designated as a
TRACK B or TRACK C case under these rules shall be at the sole discretion of the
court. The designation may be made by the court at any case management
conference, trial management conference, mandatory settlement conference, or any
hearing noticed by the court or counsel.

(Subd (a) amended and lettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.2 effective January 1, 1998; previously amended effective July 1,
2005.)

b. TRACK A CASES

TRACK A cases are cases that are to be resolved within twelve (12) months of the
date that the complaint was filed.

(Subd (b) amended and lettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.2 effective January 1, 1998; previously amended effective July 1,
2005.)

c. TRACK B AND TRACK C CASES

TRACK B and TRACK C cases are those which generally involve multiple parties,
complex issues, difficult legal questions, unusual proof problems, or other
circumstances which result in a case not being adequately prepared for trial within
twelve (12) months of its filing even with due diligence being exercised by all
parties. It is the policy of the court to conclude all TRACK B cases within eighteen
(18) months and TRACK C cases within twenty-four (24) months of the filing of
the initial pleading.

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(Subd (c) amended and lettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.2 effective January 1, 1998; previously amended effective July 1,
2005.)

d. REDESIGNATION OF CASE

Following the designation by the court of the case as TRACK A, TRACK B, or
TRACK C, the court, on its own motion or on the motion of any party, may order
the case redesignated.

(Subd (d) amended and lettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.2 effective January 1, 1998; previously amended effective July 1,
2005.)

(Rule 4.2 amended effective January 1, 2010; adopted effective January 1, 1998;
previously amended effective July 1, 2005.)

4.3 TIME REQUIREMENTS FOR COMPLAINT

Time requirements for service of the complaint shall be as specified by California Rules of Court, rules 3.110 and 3.740, subdivision (c).

(Rule 4.3 amended effective July 1, 2011; adopted effective January 1, 1998; previously amended effective October 1, 2002, and January 1, 2009.)

4.4 TIME REQUIREMENTS FOR RESPONSIVE PLEADINGS

Time requirements for service of responsive pleadings shall be as specified by California Rules of Court, rules 3.110, 3.740, subdivision (c), and 3.1320.

(Rule 4.4 amended effective July 1, 2011; adopted effective January 1, 1998; previously amended effective October 1, 2002, January 1, 2009, and January 1, 2010.)

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4.5 TIME REQUIREMENTS FOR CROSS-COMPLAINTS

Time requirements for service of cross-complaints shall be as specified by California Rules of Court, rules 3.110 and 3.1320.

(Rule 4.5 amended effective July 1, 2011; adopted effective January 1, 1998; previously amended effective October 1, 2002, and January 1, 2010.)

4.6 CASE MANAGEMENT CONFERENCES

a. SCHEDULING OF CASE MANAGEMENT CONFERENCE ONE

In all cases subject to the case management rules in California Rules of Court, rule
3.720 et seq., the Clerk of the Court will schedule the first Case Management
Conference approximately 120 days from the date of filing of the complaint. At the
time of filing of the complaint, the Clerk of the Court shall provide the plaintiff
with a Notice of Case Management Conference One, which shall indicate the date,
time, and place that counsel, and any party not represented by counsel, shall appear
for Case Management Conference One, and shall state the obligations of counsel,
or any parties not represented by counsel, in regard to Case Management
Conference One and Case Management Conference Two. Plaintiff is responsible
for notifying all defendants of the initial or any continued Case Management
Conference dates.

(Subd (a) amended effective July 1, 2011; adopted as unlettered portion of Rule 4.6
effective January 1, 1998; previously amended effective October 1, 2002, July 1,
2005, and January 1, 2009; amended and relettered effective January 1, 2010.)

b. CASE MANAGEMENT CONFERENCES IN “UNINSURED MOTORIST” CASES

An action for personal injury or property damage against an uninsured defendant
may be designated as an “uninsured motorist case” upon application of the plaintiff
filed concurrently with the petition or within thirty (30) days of the commencement
of the action. Upon the filing of such an application, the court will set the first Case
Management Conference approximately 180 days from the date of the designation.

(Subd (b) amended effective July 1, 2011; adopted as Subd (a) of Rule 4.6 effective
January 1, 1998; previously amended effective October 1, 2002, July 1, 2005, and
January 1, 2009; relettered effective January 1, 2010.)

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c. CASE MANAGEMENT CONFERENCES IN LIMITED JURISDICTION “COLLECTION”
CASES

The plaintiff may designate a limited jurisdiction case as a “collection” case by
filing a Civil Case Cover Sheet describing the case as a “collections” matter. No
case management conference will be scheduled unless and until a responsive
pleading has been filed.

(Subd (c) relettered effective January 1, 2010; adopted as Subd (b) of Rule 4.6
effective January 1, 1998; previously amended effective October 1, 2002, July 1,
2005, and January 1, 2009.)

d. SERVICE OF NOTICE OF CASE MANAGEMENT CONFERENCE

(1) Service of Notice with Complaint

The plaintiff shall serve the Notice of Case Management Conference on all
defendants with the complaint.

(Subd (1) renumbered effective January 1, 2010; previously adopted as
portion of Subd (f) effective January 1, 1998.)

(2) Service of Notice with Cross-Complaint

Any plaintiff and any defendant serving a cross-complaint shall serve a copy
of the Notice of Case Management Conference One provided by the Clerk,
which sets the date and place for Case Management One, on each cross -
defendant with the cross-complaint. In the event that any cross-complaint
is served after Case Management Conference One has been held, the cross -
complainant, at the time of service of the cross-complaint, shall serve each
cross-defendant with Notice of Case Management Conference Two, which
shall contain the date, time and place of Case Management Conference Two
and explain the obligations of the parties in regard to case management
conferences under these rules.

(Subd (2) renumbered effective January 1, 2010; previously adopted as
portion of Subd (f) effective January 1, 1998.)

(Subd (d) amended and relettered effective January 1, 2010; adopted as Subd (f) of
Rule 4.6 effective January 1, 1998; previously amended effective October 1, 2002,

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July 1, 2005, and January 1, 2009; former Subd (d) repealed effective January 1,
2010.)

e. TELEPHONIC APPEARANCE AT CASE MANAGEMENT CONFERENCES

Litigants or counsel wishing to appear by telephone per California Rules of Court,

rule 3.670 shall refer to the Court’s website at www.solano.courts.ca.gov and follow the procedures as set forth on the website. Litigants or counsel wishing to appear telephonically shall be responsible for all fees and costs charged by the service provider.

(Subd (e) amended effective July 1, 2017; adopted effective January 1, 1998;
previously amended effective October 1, 2002, July 1, 2005, January 1, 2009, and
January 1, 2010.)

f. CASE MANAGEMENT CONFERENCE SETTING

(1) For all cases subject to Rule 4.6, subdivision (a), Case Management
Conference One shall be set during the calendar week that is 120 calendar
days after the filing of the complaint, on the day of week and at the time
designated by the judge to whom the case is assigned for all purposes. Case
management conferences for other cases shall be set in a similar manner per
the timelines applicable to those cases.

(Subd (1) amended effective July 1, 2011; adopted effective January 1,
1998.)

(2) At Case Management Conference One, the court shall refer the matter to
arbitration or mediation, if deemed appropriate by the court, continue the
matter for further Case Management Conference One or set the matter for a
Case Management Conference Two.

(Subd (2) adopted effective January 1, 1998.)

(3) The court may, in its discretion, require additional case management
conferences and additional Case Management Statements.

(Subd (3) adopted effective January 1, 2010; previously adopted as portion
of Subd (h).)

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(Subd (f) amended effective July 1, 2011; adopted as Subd (g) effective January 1,
1998; previously amended effective October 1, 2002, July 1, 2005, and January 1,
2009; amended and relettered effective January 1, 2010.)

g. UPDATED CASE MANAGEMENT STATEMENTS FOR CONTINUED CASE
MANAGEMENT CONFERENCES

Unless otherwise ordered by the court, an updated Case Management Statement
shall be filed by each counsel no later than the fifteenth (15th) calendar day before
each continued Case Management Conference or any review set by the court.

(Subd (g) amended effective July 1, 2011; adopted as Subd (h) effective January 1,
1998; previously amended effective October 1, 2002, July 1, 2005, and January 1,
2009; amended and relettered effective January 1, 2010.)

h. SANCTIONS

Pursuant to Code of Civil Procedure section 575.2, the court may impose sanctions
in the event that any of the following occur:

(1) A Case Management Statement is not timely filed and/or served;

(2) A Case Management Statement is not fully completed;

(3) The attorney who appears at a case management conference is not
completely aware of all procedural, factual, and legal aspects of the case
and does not have full authority to discuss and resolve any issues that arise
at the conference, including the settlement of the case. This rule applies
equally to counsel of record and special appearance counsel;

(4) Counsel and self-represented parties fail to meet and confer as required per
California Rules of Court, rule 3.724 prior to the Case Management
Conference concerning all issues before the court.

(Subd (h) amended and relettered effective January 1, 2010; adopted as Subd (i)
effective January 1, 1998; previously amended effective October 1, 2002, July 1,
2005, and January 1, 2009.)

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(Rule 4.6 amended effective July 1, 2011; adopted effective January 1, 1998; previously amended effective October 1, 2002, July 1, 2005, and January 1, 2009; amended effective January 1, 2010.)

4.7 DIVERSION TO ARBITRATION

a. ORDER TO NONBINDING ARBITRATION

(1) The following matters shall be subject to judicial nonbinding arbitration:

(a) All nonexempt unlimited civil actions in which the amount in
controversy does not exceed $50,000.

(b) All nonexempt limited civil cases, except for small claims actions
or any action maintained pursuant to Civil Code section 1781 or
Code of Civil Procedure section 1161.

(c) Any matter in which the parties stipulate to arbitration, provided the
stipulation is filed no later than the time the initial case management
statement is filed, unless the court permits a later time.

(2) Notwithstanding subsection (1) above, matters that have been referred to
mandatory mediation per local rule 4.8 shall not be referred to arbitration.

(3) As to those cases ordered to arbitration, judicial arbitration will proceed in
accordance with the Judicial Arbitration rules for civil cases (California
Rules of Court, rule 3.810 et seq.), except as otherwise stated in these rules.

(Subd (a) amended effective January 1, 2012; adopted effective January 1, 1998;
previously amended effective October 1, 200, and January 1, 20102.)

b. SELECTION OF ARBITRATOR

(1) If the parties have a preference for an arbitrator, counsel shall provide the
name, address, and telephone number of the preferred arbitrator to the
court’s ADR Administrator within twenty (20) days of the referral to
arbitration. The statement of preference is not binding on the court, but
may be considered in selecting the arbitrator.

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(2) The court shall select the arbitrator from the court’s list of arbitrators. The
court shall notify the parties of the name, address, and telephone number of
the arbitrator selected by the court within thirty (30) days of the referral to
arbitration.

(Subd (b) amended effective January 1, 2012; adopted effective January 1, 1998;
previously amended effective October 1, 2002, and January 1, 2010.)

(Rule 4.7 amended effective January 1, 2012; adopted effective January 1, 1998;
previously amended effective October 1, 2002, and January 1, 2010.)

4.8 MEDIATION

a. ADOPTION OF CIVIL ACTION MEDIATION PROGRAM (CCP § 1775 ET SEQ.)

Effective January 1, 2012, and per the authority in Code of Civil Procedure section
1775.2, subdivision (b), the court adopts the Civil Action Mediation Program set
forth in Title 11.6 of the Code of Civil Procedure. Mediations conducted per the
Civil Action Mediation Program (“the Mediation Program”) in Solano County shall
be subject to all applicable statutes and California Rules of Court concerning the
Civil Action Mediation Program (e.g. Cal. Rules of Court, rule 3.870 et seq.).

(Subd (a) adopted effective January 1, 2012; prior subd. (a) relettered as subd. (d)
effective January 1, 2012.)

b. MATTERS TO WHICH MEDIATION PROGRAM APPLIES

The following matters shall be subject to mandatory mediation:

(1) All nonexempt unlimited civil actions filed on or after January 1, 2012, in
which the amount in controversy does not exceed $50,000.

(2) All nonexempt limited civil cases filed on or after January 1, 2012, except
for small claims actions.

(3) Any matter, regardless of filing date or the amount in controversy, in which
the parties stipulate to mediation, provided the stipulation is filed at least
ninety (90) days prior to trial, unless the court permits a later time.

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(Subd (b) adopted effective January 1, 2012; prior subd. (b) repealed effective
January 1, 2012.)

c. ORDER TO MEDIATION

Cases shall be referred to mediation whenever the court determines from the facts
as set forth in a Case Management Statement or as stated by counsel at any Case
Management Conference, Trial Management Conference, or Mandatory Settlement
Conference that the matter is subject to mandatory mediation per these rules and
has not already been referred to mediation or any form of arbitration, unless good
cause is found to not refer the matter.

(Subd (c) adopted effective January 1, 2012; prior subd. (c) repealed effective
January 1, 2012.)

d. SELECTION OF MEDIATOR

(1) If the parties have a preference for a mediator, counsel shall provide the
name, address, and telephone number of the preferred mediator to the
court’s ADR Administrator within twenty (20) days of the referral to
mediation. The statement of preference is not binding on the court, but
may be considered in selecting the mediator.

(Subd. (1) amended and renumbered effective January 1, 2012.)

(2) The court shall select the mediator from the court’s list of mediators. The
court shall notify the parties of the name, address, and telephone number of
the mediator selected by the court within thirty (30) days of the referral to
mediation.

(Subd. (2) amended and renumbered effective January 1, 2012.)

(Subd (d) amended and relettered effective January 1, 2012; adopted as subd. (a)
effective July 1, 1998; previously amended effective July 1, 2005.)

e. APPEARANCE AT MEDIATION SESSIONS

(1) For purposes of California Rules of Court 3.894, subsection (a), when a
party is other than a natural person, it shall appear at the mediation sessions
through a representative, other than the party’s attorney, with full authority

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to resolve the dispute or, in the case of a governmental entity that requires
an agreement to be approved by an elected official or legislative body, by a
representative with authority to recommend such agreement. Failure of the
representative to appear at the mediation session may be cause for sanctions.

(Subd. (1) amended and renumbered effective January 1, 2012.)

(2) “Full authority” to resolve the dispute means the person is empowered to
make settlement decisions without telephone consultation with others.

(Subd. (2) adopted effective January 1, 2012.)

(Subd (e) amended and relettered effective January 1, 2012; adopted as subd. (b)
effective July 1, 1998; previously amended effective July 1, 2005; prior subd. (e)
relettered as subd. (j) effective January 1, 2012.)

f. RELATED, COORDINATED, AND CONSOLIDATED CASES

Counsel in cases that have been related, coordinated, or consolidated shall inform
the court of all pending mediation proceedings in the related, coordinated, or
consolidated cases.

(Subd. (f) adopted effective January 1, 2012.)

g. INTERPRETERS

Any party desiring to use an interpreter during mandatory mediation must notify
the ADR Administrator, all other parties, and the mediator at least 10 days prior to
the first mediation session at which the interpreter will be used. Unless otherwise
ordered by the court, the party seeking the use of the interpreter shall make all
arrangements directly with the interpreter and shall assume the costs of the service.

(Subd. (g) adopted effective January 1, 2012.)

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h. EX PARTE COMMUNICATIONS

Ex parte communications refers to communications with the mediator outside the
presence of the opposing counsel or self-represented party. Ex parte
communications with the mediator are not prohibited.

(Subd. (h) adopted effective January 1, 2012.)

i. CONFIDENTIALITY

(1) Mediations are confidential and subject to the confidentiality privilege set
forth in Evidence Code sections 703.5 and 1115 through 1128. No
communications or writings made in connection with the mediation may be
disclosed to the assigned judge or to any other person not involved in the
mediation, unless disclosure is agreed to by all parties or permitted by
subsection (2), infra. The mediator shall require the parties and all persons
attending the mediation to sign a confidentiality agreement at the first
mediation session.

(Subd. (1) adopted effective January 1, 2012.)

(2) The following disclosures are permitted:

(a) A disclosure stipulated in writing by all parties and the mediator, or
orally in compliance with Evidence Code section 1118;

(b) A report to or inquiry by the ADR Administrator concerning a
complaint against a mediator;

(c) A disclosure made by any participant or the mediator in responding
to an appropriate request for information made by persons
authorized by the ADR Administrator to monitor or evaluate the
court’s mediation program;

(d) A disclosure required by law;

(e) A settlement agreement signed by all parties waiving the
confidentiality provision of Evidence Code section 1122 et seq., and
containing a provision explicitly rendering the agreement
enforceable per Code of Civil Procedure section 664.6; or,

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(f) A disclosure made in connection with a request for sanctions for a
party’s noncompliance with mediation. This disclosure shall be
limited to the minimum facts needed to support the motion.

(Subd. (2) adopted effective January 1, 2012.)

(Subd. (i) adopted effective January 1, 2012.)

j. MEDIATION COMPLAINT PROCEDURE

Per California Rules of Court, rule 3.868, the court adopts the following mediator
complaint procedure:

(1) Complaints are only accepted from a party to the action or the party’s
attorney.

(2) The complainant must register his or her complaint in writing with the ADR
Administrator. The written complaint must include the following
information:

(a) The names of the parties in the case and their attorneys;

(b) The case number;

(c) The most recent court date;

(d) The name(s) of any mediation personnel (i.e. mediators or mediation
clerks) with whom the complainant had contact; and,

(e) A statement explaining the reasons for the complaint.

(3) Upon receiving the complaint, the ADR Administrator will notify the
complainant in writing that the court has received the complaint.

(4) The ADR Administrator shall review the complaint and determine whether
the complaint can be informally resolved or closed, or whether the
complaint warrants investigation. If the complaint warrants an
investigation, the ADR Administrator shall take the following steps:
(a) The ADR Administrator shall give notice of the complaint to the
mediator and provide a reasonable opportunity to respond.

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(b) The complaint shall be investigated and a recommendation made
concerning court action. The investigation shall be conducted by an
investigator designated by the ADR Administrator or the Presiding
Judge. The investigator shall provide his or her recommendation to
the Presiding Judge or his or her designee.

(c) The final decision shall be made by the Presiding Judge or his or her
designee. Notice of the final action taken shall be sent by the court
to the complainant and, if the complaint was not resolved during the
preliminary review by the ADR Administrator, to the mediator.

(Subd (j) relettered effective January 1, 2012; adopted effective January 1, 2010,
as subd. (e); previously amended effective July 1, 2011.)

k. SANCTIONS

Upon noticed motion and an opportunity to be heard, the court may impose
sanctions for failure to meaningfully participate in the mediation process.
Sanctions may include, but are not limited to, mediator’s fees and attorney fees and
costs. Willful failure to meaningfully participate includes, but is not limited to, the
following:

(1) Non-appearance at the time set for the mediation of any person necessary
to proceed to a meaningful conclusion. Telephone calls to the mediator
shall not constitute an appearance. However, upon agreement by all parties,
a party may appear by telephone or other means of real-time electronic
communication if he or she resides or has his or her primary place of
business more than 500 miles from the mediation location.

(2) Requests to continue the mediation session less than ten (10) days before
the scheduled mediation session, unless good cause is shown.

(3) Failure to complete mediation within the time fixed, unless good cause is
shown.

(Subd. (k) adopted effective January 1, 2012.)

(Rule 4.8 amended effective January 1, 2012; adopted effective January 1, 1998;
previously amended effective July 1, 2005, January 1, 2010, and July 1, 2011.)

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4.9 MANDATORY SETTLEMENT CONFERENCES

a. REQUIRED PARTICIPANTS

The lead trial counsel, parties, and persons with full settlement authority shall
personally attend the Mandatory Settlement Conference unless excused by the court
for good cause. In the case of an insured principal, the authorized representative of
the insured’s insurance company must be present in lieu of the client, and must have
full settlement authority. For purposes of these rules, “full settlement authority”
means persons physically present in the courthouse who are empowered to make
settlement decisions without telephone consultation with others. In no event will
an independent adjuster satisfy the above requirement. In any professional
negligence case in which the defendant retains the right to refuse settlement,
participation of that defendant in the settlement conference is mandatory.

(Subd (a) amended and relettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.11 effective January 1, 1998; previously amended effective July
1, 2005.)

b. MEET AND CONFER REQUIREMENTS

No later than ten (10) calendar days before the date set for the mandatory settlement
conference, trial counsel and all persons with ultimate authority to settle the case
shall meet in person or, if all parties agree, by telephone to discuss settlement of
the case.

(Subd (b) amended and relettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.11 effective January 1, 1998; previously amended effective July
1, 2005.)

c. ADDITIONAL REQUIREMENTS FOR MANDATORY SETTLEMENT CONFERENCE
STATEMENTS

All settlement conference statements filed and served per California Rules of Court,
rule 3.1380, subdivision (c), shall contain the following additional information:

(1) A statement of the factual and legal contentions in dispute;

(2) A list of all special damages claimed;

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(3) Copies of pertinent medical reports;

(4) Other reports by experts;

(5) Pictorial or documentary evidence anticipated to be presented at trial;

(6) An estimate of the lowest and highest possible award by a trier of fact;

(7) The highest previous offer and the lowest previous demand;

(8) The date when the last face to face or telephonic settlement discussion was
held between all parties;

(9) A statement as to any special problems relating to settlement, such as lack
of or disputed insurance coverage; and,

(10) A statement regarding the party’s position regarding settlement of the case.

(Subd (c) amended effective July 1, 2011; adopted as unlettered portion of Rule
4.11 effective January 1, 1998; previously amended effective July 1, 2005; amended
and relettered effective January 1, 2010.)

d. SANCTIONS

Failure of any attorney, adjustor, and/or party to prepare for, appear at, or
meaningfully participate in a settlement conference, unless good cause is shown for
any such failure, is an unlawful interference with the proceedings of the court, and
the court may impose sanctions, including but not limited to, any or all of the
following: monetary sanctions to be paid to the court; monetary sanctions to be paid
to other parties which may include, among other things, costs, actual expenses, and
counsel fees; and the court may order an appropriate change in the calendar status
of the action.

(Subd (d) amended and relettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.11 effective January 1, 1998; previously amended effective July
1, 2005.)

(Rule 4.9 amended effective July 1, 2011; adopted as Rule 4.11 effective January 1, 1998;
previously amended effective July 1, 2005; amended and renumbered effective January 1,

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2010; former Rule 4.9, which concerned other settings of cases, repealed effective January 1, 2010.)

4.10 TRIAL CONFERENCES

a. REQUIRED PARTICIPANTS

The lead trial counsel shall, unless excused by the court, appear at the Trial
Conference prepared to respond to any questions the court may pose about the
case.

(Subd (a) amended effective July 1, 2020; adopted as unlettered portion of Rule
4.12 effective January 1, 1998; previously amended effective July 1, 2005;
relettered effective January 1, 2010.)

b. T RIAL CONFERENCE S TATEMENT

The form designated by the court may be used as a cover sheet for all exhibits and
motions in limine, but use of the court form is not mandatory. Each counsel shall
complete, file and serve on all parties a completed Trial Conference Statement at
least ten (10) court days before the date set for the Trial Conference. Use of
dividers and/or tabs between each item is requested. At a minimum, the report
shall include the following:

(1) A statement of the nature of the case, with a summary of each party’s
allegations and supporting facts. Include an agreed-upon statement of the
case to be read to the jury panel, if a jury has been requested by any party;

(2) If there have been developments since the trial setting affecting the
estimated length of trial, an explanation as to what those developments are
and how the estimated length of trial should be changed as a result;

(3) The names of any non-expert witnesses who may be called at trial, except
for impeachment or rebuttal. State concisely the anticipated testimony of
each non-expert witness and the time estimate for testimony, including
direct and cross-examination;

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(4) The names and expertise of any expert witnesses who may be called at trial,
except for impeachment or rebuttal. State concisely the anticipated
testimony of each expert witness and the time estimate for testimony,
including direct and cross-examination. In addition, attach any narrative
reports provided by the expert witness;

(5) A list of all witnesses who are unavailable and whose testimony will be
presented by deposition, along with the facts supporting that unavailability;

(6) A list of all documents, exhibits, blowups, and/or photographs that the party
expects to offer at trial, except for impeachment or rebuttal. Documents
shall be identified by page number or Bates-stamp number as applicable
(e.g. “Jane Doe’s Medical Records, pages 1 through 326”). Photos shall be
separately identified;

(7) A specific list in column form of all portions of depositions, answers to
interrogatories and responses to request for admissions that the party
expects to offer at trial, except for impeachment or rebuttal. All portions of
depositions shall be identified by page and line number(s), while responses
to written discovery must be identified by the manner of discovery request
and the response number (e.g. “Response to Plaintiff’s Special
Interrogatories, Set One, Interrogatory Number 4”; “Amended Response to
Defendant’s Request for Admissions, Set Three, Request Number 7”);

(8) A specific list of all anticipated evidentiary disputes with citation to
authority;

(9) A specific list of all anticipated non-evidentiary disputes with citation to
authority;

(10) All requested jury instructions and verdict forms in compliance with the
California Rules of Court. Each instruction shall be typed in full and
numbered consecutively, with the submitting attorney having filled in all
blanks and having made a decision as to all alternatives in the CACI
instructions. Two copies of the requested jury instructions shall be
submitted to the court. One copy shall have citations to authority and boxes
for the court’s use regarding whether the instruction is given, refused, or
withdrawn, and one copy shall be presented without citations to authority
and boxes regarding given, refused, or withdrawn;

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(11) Copies of all in limine motions that the party expects to submit at trial. Each
in limine motion provided shall be numbered consecutively by the party.
(Note that any in limine motions not included will not be considered by the
court, unless good cause is presented to the trial court);

(12) All stipulations requested or proposed at trial;

(13) A statement as to whether there are any witnesses that need an interpreter.
State the name of the interpreter and the language that must be interpreted
(If an interpreter is needed, it is the obligation of the party calling the
witness to make arrangements for an interpreter);

(14) A list of all agreed-upon jury instructions; and

(15) A list of disputed jury instructions.

(Subd (b) amended effective July 1, 2020; adopted as unlettered portion of Rule
4.12 effective January 1, 1998; previously amended effective July 1, 2005; amended
and relettered effective January 1, 2010; amended effective July 1, 2011, amended
effective January 1, 2012.)

c. E XCLUSION OF E VIDENCE AND T ESTIMONY AT T RIAL

The testimony of witnesses who are not listed in the Trial Conference Statement,
or documents, or other exhibits, portions of depositions, answers to
interrogatories or responses to requests for admissions, which are not listed in the
Trial Conference Statement, shall not be admitted at the trial. However, the trial
judge, in his or her sole discretion and upon a showing of good cause, may permit
the testimony of witnesses who are not listed in the Trial Conference
Statement and may allow the admission of exhibits or portions of discovery
which are not listed in the Trial Conference Statement.

(Subd (c) amended effective July 1, 2020; adopted as unlettered portion of Rule
4.12 effective January 1, 1998; previously amended effective July 1, 2005,
amended and relettered effective January 1, 2010.)

(Rule 4.10 amended effective July 1, 2020; adopted as Rule 4.12 effective January 1,
1998; previously amended effective July 1, 2005; amended and renumbered effective
January 1, 2010; amended effective July 1, 2011; former Rule 4.10, which concerned
setting short causes for trial, repealed effective January 1, 2010; amended effective
January 1, 2012.)

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4.11 DISMISSAL OF ACTION OR ENTRY OF JUDGMENT FOLLOWING SETTLEMENT

Dismissals shall be governed by California Rules of Court, rule 3.1385.

(Rule 4.11 amended effective July 1, 2011; adopted as Rule 4.13 effective January 1, 1998; renumbered effective January 1, 2010.)

4.12 MISCELLANEOUS

a. REQUEST FOR EXTENSION OF TIME

Any request for extension of time under these rules shall be filed with due diligence
and, in addition to being signed by counsel shall be endorsed by the party
acknowledging that the extension of time being requested by counsel is concurred
in by the party. The request shall be made on the form provided by the court.

(Subd (a) amended effective January 1, 2009; adopted effective January 1, 1998.)

b. KNOWLEDGE OF CASE

Counsel and parties attending any hearing or conference set pursuant to these rules
shall have sufficient knowledge of the case to inform the court as to all matters that
are pertinent and relevant to the issues to be heard and have authority to enter into
binding stipulations regarding any matters before the court. This rule shall apply
equally to attorneys of record and specially appearing counsel.

(Subd (b) amended effective January 1, 2010; adopted effective January 1, 1998;
previously amended effective January 1, 2009.)

c. REFERENCE TO “ATTORNEY” OR “COUNSEL”

Any reference in these rules to “attorney” or “counsel” shall apply equally to any
person representing himself or herself in a case subject to these rules.

(Subd (c) amended effective January 1, 2009; adopted effective January 1, 1998.)

d. REMOVAL FROM CIVIL ACTIVE LIST

A case shall not be removed from the civil active list except by order of the court.
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(Subd (d) amended effective January 1, 2009; adopted effective January 1, 1998.)

e. EXCUSE FROM RULE REQUIREMENT

Any requirement of these rules may be excused by the court upon a showing of
good cause.

(Subd (e) amended effective January 1, 2009; adopted effective January 1, 1998.)

f. UNINSURED MOTORIST CASE [Repealed]

(Subd (f) repealed effective July 1, 2011; adopted effective January 1, 1998;
amended effective January 1, 2009.)

g. REMOVAL TO FEDERAL COURT [Repealed]

(Subd (g) repealed effective July 1, 2011; adopted effective January 1, 1998;
amended effective January 1, 2009.)

h. TELEPHONIC APPEARANCES

Litigants or counsel wishing to appear by telephone per California Rules of Court,
rule 3.670 shall refer to the Court’s website at www.solano.courts.ca.gov and
follow the procedures as set forth on the website. Litigants or counsel wishing to
appear telephonically shall be responsible for all fees and costs charged by the
service provider.

(Subd (h) amended effective July 1, 2017; adopted effective January 1, 2009;
previously amended effective January 1, 2010.)

i. BENCH COPIES OR CHAMBERS COPIES

At the discretion of the judicial officer assigned to the case, parties may be required
to deposit an additional copy of specific documents directly with the assigned
judicial department.

(Subd (i) adopted effective July 1, 2014.)

(Rule 4.12 amended effective July 1, 2017; previously amended effective July 1, 2011;
adopted as Rule 4.14 effective January 1, 1998; previously amended effective January 1,
2009; amended and renumbered effective January 1, 2010; previously amended effective
July 1, 2014.)
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4.13 SANCTIONS

a. SANCTIONS GENERALLY

Upon the motion of a party or on the court’s own motion, the court may impose
sanctions for non-compliance with these rules. Sanctions will not be imposed
without prior notice to, and an opportunity to be heard by, the party or attorney
against whom the sanction or penalty is sought to be imposed. Available sanctions
include, but are not limited to:

(1) Monetary sanctions;

(2) Evidentiary sanctions prohibiting the introduction of designated matters
into evidence;

(3) Striking out all or any part of any pleading;

(4) Dismissal of an action, proceeding, or any part thereof;
(5) Entering judgment by default against a party; and,

(6) Contempt sanctions.

(Subd (a) amended and relettered effective January 1, 2010; adopted as unlettered
part of Rule 4.15 effective January 1, 1998.)

b. ATTORNEY FEES AND COSTS

In addition to any sanction, the court may order a party or his or her counsel to pay
to a party moving for compliance with these rules the reasonable expenses in
making the motion, including reasonable attorney fees.

(Subd (b) amended and relettered effective January 1, 2010; adopted as unlettered
part of Rule 4.15 effective January 1, 1998.)

c. SANCTIONS RELATED TO REQUESTS TO EXTEND TIME FOR FILING

Monetary sanctions and, in the court’s discretion, more severe sanctions, will be
imposed upon counsel or his or her party who in bad faith or without good cause
request an extension of time for the filing of any pleading or document as required
by these rules.

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(Subd (c) relettered effective January 1, 2010; adopted as unlettered part of Rule
4.15 effective January 1, 1998.)

d. SANCTIONS AGAINST ATTORNEYS

If the court determines that the failure to comply with the rules is the responsibility
of a party’s attorney or counsel, the penalty shall be imposed on the attorney or
counsel personally and shall not adversely affect the party’s cause of action or
defense thereto.

(Subd (d) adopted effective January 1, 2010.)

(Rule 4.13 amended and renumbered effective January 1, 2010; adopted as Rule 4.15
effective January 1, 1998.)

4.14 ELECTRONIC FILING AND SERVICE OF PLEADINGS AND DOCUMENTS

The court does not permit electronic filing as defined in California Rules of Court, rule 2.250. However, nothing in this rule shall be construed as prohibiting or otherwise limiting service of documents electronically as provided elsewhere in the California Rules of Court.

(Rule 4.14 adopted effective July 1, 2010; previous Rule 4.14 renumbered as Rule 4.12 effective January 1, 2010.)

4.15 ELECTRONIC SERVICE OF DOCUMENTS IN COMPLEX LITIGATION

In all cases designated as “complex” per California Rules of Court, rule 3.403, the
following rule shall apply, unless modified by court order.

a. ELECTRONIC SERVICE OF DOCUMENTS

(1) All documents shall be served electronically as set forth in this order and in
California Rules of Court, rule 2.251.

(2) Original documents must be filed with the court as required by the Code of
Civil Procedure, the California Rules of Court, or the local rules of the
Superior Court of California, County of Solano. Nothing in this rule shall
be construed to require or permit electronic filing of documents with the
court.

(3) Per California Rules of Court, rule 2.253(b)(1)(F), this rule shall apply only
to cases designated as complex per California Rules of Court, rules 3.400
through 3.403.
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(4) This rule shall apply to all attorneys in a complex matter. This rule shall
apply to self-represented litigants only if they elect to participate in
electronic service. Unrepresented litigants who do not elect to participate
in electronic service shall serve and shall be served documents in the
manner required by the Code of Civil Procedure, the California Rules of
Court, and/or the local rules of the Superior Court of California, County of
Solano.

(5) The following documents shall not be served electronically:
(a) Documents filed under seal or subject to a pending motion to seal,
unless electronic service is permitted or required by specific court
order.
(b) Documents directed to an unrepresented party who has not elected to
participate in electronic service.
(c) A summons, complaint, or cross-complaint.

(6) The documents enumerated in (A)(5), supra, shall be served pursuant to the
applicable provisions of the Code of Civil Procedure, California Rules of
Court, and/or the local rules of the Superior Court of California, County of
Solano.

b. DEFINITIONS

(1) The definitions in California Rules of Court, rule 2.250(b) shall apply to this
rule.

(2) The term “plaintiff” includes a cross-complainant or an intervenor.

(3) The term “initial complaint” includes a cross-complaint or a complaint in
intervention.

(4) The term “amended complaint” includes an amended cross-complaint or an
amended complaint in intervention.

c. DESIGNATION OF ELECTRONIC SERVICE PROVIDER

(1) The court designates File & ServeXpress as the electronic service provider
(“the ESP”). File & ServeXpress shall serve as the ESP absent notice by the
court that the ESP has been changed or further court order. File &
ServeXpress may be contacted by visiting
http://www.fileandservexpress.com or by calling 888-529-7587.

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d. NOTICE OF RULE APPLICABILITY

(1) If a plaintiff designates the case as complex on the initial complaint, a copy
of this rule shall be served on all defendants concurrently with the summons
and complaint. If a plaintiff does not designate the case as complex on the
initial complaint but designates it as complex on an amended complaint, a
copy of this rule shall be served on all defendants concurrently with the
amended complaint.

(2) If a defendant designates the case as complex on the initial answer, a copy of
this rule shall be served on all plaintiffs concurrently with the answer. If a
defendant does not designate the case as complex on the initial answer but
designates it as complex on an amended answer, a copy of this rule shall be
served on all plaintiffs concurrently with the amended answer.

(3) If neither party designates the case as complex but the court determines the
case is complex per California Rules of Court, rule 3.403(b), the plaintiff
shall serve a copy of this rule on all defendants within 5 calendar days of
being notified by the court of the complex designation.

(4) Any party that joins a new party into this action shall serve a copy of this rule
on the new party at the time of initial service.

e. REGISTRATION WITH ELECTRONIC SERVICE PROVIDER

Upon the court designating a civil action as complex per California Rules of Court,
rules 3.402 and 3.403, the following registration procedures shall apply:

(1) Within 15 days of the court’s designation of the case as complex, the
plaintiff’s attorney, or the plaintiff if self-represented, shall submit to the
ESP and to the court a complete and current list of the parties, party types,
and counsel representing each party. The list shall include the names of
any lead and other associated attorneys, together with addresses, telephone
and facsimile numbers, and e-mail addresses. All lists shall be sent to the
following e-mail address: eservice@fileandservexpress.com. The ESP shall
promptly notify all Registered Users of any changes to this e-mail address.

(2) If an unrepresented party affirmatively consents to electronic service, the
plaintiff’s attorney, or the plaintiff if self-represented, shall submit to the
ESP and to the court the unrepresented party’s address, telephone number,
facsimile number, and e-mail address in the same manner and within the
same time limits as for attorneys.

(3) All attorneys, and any unrepresented parties who consent to electronic
service, shall register with the ESP in the manner designated by the ESP.

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(4) Each attorney and unrepresented party registered with the ESP shall keep his
or her service information current and accurate with the ESP, all other
attorneys and unrepresented parties, and the court.

(5) Each attorney and unrepresented party registered with the ESP shall be
referred to in this order as a “Registered User.”

f. ESTABLISHMENT AND STRUCTURE OF COMPLEX LITIGATION WEBSITE

(1) For each complex litigation case subject to this rule, the ESP shall establish
and maintain an Internet website (“the Website”). The ESP shall post to the
Website all documents submitted to the ESP by any Registered User and
shall serve each document pursuant to the service list provided to the ESP in
accordance with the procedures herein.

(2) Access to the Website will be limited to Registered Users and authorized
court personnel. The ESP will provide each Registered User and authorized
court personnel with a user name and password to access the Website and the
documents served in this action. The ESP personnel will perform all
administrative functions for the Website, but all initial data, additions,
deletions or changes to the service list must be submitted by the attorneys
and/or parties.

(3) All documents posted on the Website will be identified by: (1) the name of
the serving party or attorney; (2) the caption(s) of the case(s) to which the
document belongs; (3) the title of the document set forth on its caption; and
(4) the identity of the party on whose behalf the document is being served.

(4) The Website shall contain an index of all served documents for the litigation
that will be searchable and sortable according to methods that provide useful
access to the documents.

g. CONTENT AND FORMAT OF DOCUMENTS SERVED THROUGH THE ESP

(1) The document shall be served to the ESP either as a word-processing file or
as a scanned image of the document. Each document shall be titled so as to
identify the type and purpose of such document and the identity of the
attorney or party who is serving such document.

(2) Every pleading, document and instrument served electronically shall bear a facsimile or typographical signature of at least one of the serving attorneys and/or parties, along with the typed name, address, telephone number and State Bar of California number, where applicable, of such attorney or party. Typographical signatures shall be treated exactly as personal signatures for purposes of electronically served documents under the Code of Civil 4-26 www.solano.courts.ca.gov January 2021

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Procedure. The attorney and/or party serving any document requiring
multiple signatures (e.g., stipulations, joint status reports) must list thereon
all the names of other signatories by means of a “ s/” block for each.
By submitting such a document, the serving party certifies that each of the
other signatories has expressly agreed to the form and substance of the
document and that the serving attorney or party has the actual authority to
submit the document electronically. The serving attorney or party must
maintain any records evidencing this occurrence for subsequent production
to the court if so ordered or for inspection upon request by any party.

(3) A Registered User’s service of any document through the ESP shall be
deemed to include an implied warranty that to the best of the Registered
User's knowledge, the transmitted document does not contain malware.

h. PROCEDURE FOR SERVICE THROUGH THE ESP

(1) A document shall be served through electronic transmission to the ESP over
the Internet.

(2) After the ESP receives a document, the ESP shall convert such document into
Adobe Portable Document Format (“PDF”) and post it to the Website within
one (1) hour of receipt.

(3) Within one (1) hour of the time a document is posted to the Website, the ESP
will notify all Registered Users that a document has been posted to the
Website. Registered Users will also receive a courtesy e-mail notification of
a filing with which they have been served. The email shall contain a
hyperlink to the document location(s) on the Website.

(4) Each Registered User shall retain an original dated hard copy with hand
written signature of all documents served electronically by that Registered
User. All such hard copies shall be made available for inspection in the
manner set forth in California Rules of Court, rules 2.251(i) and 2.257(a).

i. PROOFS OF SERVICE

(1) Written proofs of electronic service shall conform to Code of Civil Procedure
section 1013a and California Rules of Court, rule 2.251(i). The ESP's
transaction receipt may operate as the proof of service so long as it complies
with California Rules of Court, rule 2.251(i), and California Code of Civil
Procedure section 1013a.

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(2) A proof of service page may be attached to the last page of any electronically
served document. Neither a separate caption page nor a separate filing of the
proof of service is required so long as the proof of service page contains a
caption referencing the case name and action number, is attached as the last
page of the electronically served document to which it refers, and references
the ESP's transaction receipt.

j. EFFECT OF ELECTRONIC SERVICE

(1) Each document electronically served pursuant to this rule shall be presumed
to have been served in compliance with the Code of Civil Procedure.

(2) The effective date of service shall be governed by California Rules of Court,
rule 2.251(h).

k. TECHNICAL PROBLEMS AND ERRORS

(1) If electronic service does not occur or is delayed because of (1) an error
in the transmission of the document to the ESP or served party which was
unknown to the sending party, (2) a failure to process the electronic
document when received by the ESP, (3) an erroneous exclusion from the
service list, or (4) other technical problems experienced by the ESP, the party
or parties affected shall, absent extraordinary circumstances, be entitled to an
extension for any response or the period within which any right, duty, or
other act must be performed, provided the Registered User demonstrates that
he or she attempted to file or complete service on a particular day and time.

(2) In the event the technical difficulties described above result in a Registered
User being unable to comply with a statutory, court-ordered, or mutually -
agreed deadline, the Registered User may obtain an ex parte court order
granting an extension of time by following the standard ex parte procedure in
the California Rules of Court and the court’s local rules. Provided the
technical problem has been resolved and the Website is operating normally,
notice of the ex parte application may be given through the ESP. In addition
to the ex parte application, the Registered User shall file and serve a
declaration which describes the attempt(s) made, provides the reason service
did not occur or was delayed, states how and when the non-service or delay in
service was discovered, details the person’s efforts made to rectify the
situation, and states with specificity the extension of time sought.

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(3) If the technical difficulties described above do not prevent a Registered User
from meeting a statutory, court-ordered, or mutually-agreed deadline, the
Registered User may file and serve a declaration which describes the
attempt(s) made to serve the documents, provides the reason(s) service did
not occur or was delayed, states how and when the non-service or delay in
service was discovered, details the person’s efforts made to rectify the
situation, and states with specificity the extension of time the party believes
appropriate.
l. ELECTRONIC SERVICE OF ORDERS AND OTHER PAPERS BY COURT

The court may serve notices, orders, and other documents electronically subject to the
provisions of this rule.

m. MODIFICATIONS TO THIS RULE

The court may, on a party’s motion or on its own motion, order modifications to this
rule in a specific case.

(Rule 4.15 adopted effective July 1, 2020, replacing the former standing order entered
December 4, 2014.)

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Superior Court of California County of Solano

Rule 5 – Family Law

PART ONE: Family Law Proceedings Generally

5.1 MATTERS ASSIGNED TO THE FAMILY LAW DIVISION; APPLICABILITY OF RULE

a. ASSIGNMENT OF MATTERS TO THE FAMILY LAW DIVISION

All family law matters will be heard principally in the Family Law Division as
designated by the Presiding Judge and in such additional departments to which such
matters may, from time to time, otherwise be assigned for trial or hearing by the
Supervising Judge of the Family Law Division.

(Subd (a) adopted effective January 1, 2013.)

b. MATTERS TO WHICH RULE 5 APPLIES

Rule 5 applies to all family law matters, including:

(1) Proceedings under the Family Code for dissolution of marriage or registered
domestic partnership, nullity of marriage or registered domestic partnership,
legal separation, custody and support of minor children, termination of
parental rights, adoptions, the Uniform Parentage Act, the Uniform Child
Custody Jurisdiction and Enforcement Act, or the Uniform Interstate
Family Support Act;

(2) Local child support agency actions under the Family Code; and,

(3) Contempt proceedings relating to family law or local child support agency
actions.

Requests for protective orders under the Domestic Violence Prevention Act are
governed by Rule 16, not Rule 5. However, ancillary issues (such as support,
custody, and temporary possession of property) raised in such a request are
governed by Rule 5.

(Subd (b) amended effective July 1, 2014; adopted effective January 1, 2013.)

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Rule 5 – Family Law
PART ONE: Family Law Proceedings Generally

c. APPLICABILITY OF RULES TO PARTIES AND COUNSEL

Unless otherwise prohibited by law, Rule 5 applies to the parties, to the attorneys
of represented parties, and to minor’s counsel. References to a party’s counsel or
attorney includes a self-represented party.

(Subd (c) adopted effective January 1, 2013.)

(Rule 5.1 amended effective July 1, 2014; adopted effective January 1, 2013.)

5.2 DIRECT CALENDARING

a. ASSIGNMENT OF MATTER TO JUDICIAL OFFICER

When a family law case is filed, or received and filed as a transfer from another
jurisdiction, the Clerk of the Court shall assign the case to one judicial officer for
all purposes, as directed by and subject to the approval of the supervising judge of
the Family Law Division. The assignment shall be designed to fairly distribute the
workload among the judicial officers of the Family Law Division and best serve
the court.

(Subd (a) adopted effective January 1, 2013.)

b. NOTIFICATION OF ASSIGNED JUDICIAL OFFICER

The Clerk of the Court shall notify the parties of the initial assignment of the case
to a judicial officer at the time the petitioner’s initial pleading is filed.

(Subd (b) adopted effective January 1, 2013.)

c. NOTIFICATION OF REASSIGNMENT

Cases may be reassigned from time to time. Reassignments may be done on the
record at a hearing or by written notification from the court.

(Subd (c) adopted effective January 1, 2013.)

(Rule 5.2 adopted effective January 1, 2013.)

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Rule 5 – Family Law
PART ONE: Family Law Proceedings Generally a. USE OF SOLANO COUNTY COURT CASE NUMBER

The case number shall have the following format on all pleadings and forms filed
with the court:

(1) SF012345: All family law cases filed prior to December 8, 1999
(excepting adoptions and Uniform Parentage Act cases).

(2) FFL012345: All family law cases filed on or after December 8, 1999
or whose case number is equal to or higher than
FFL050994 (excepting adoptions and Uniform
Parentage Act cases).

(3) SA001234: All adoption cases filed prior to December 8, 1999.

(4) FAD001234: All adoption cases filed on or after December 8, 1999, or
whose case number is equal to or higher than
FAD005778.

(5) SL012345: All Uniform Parentage Act cases filed prior to December
8, 1999, including cases with case numbers formatted as
“L012345”.

(6) FCS012345: All Uniform Parentage Act cases filed between
December 8, 1999, and September 30, 2002.

(7) FFL012345: All Uniform Parentage Act cases filed on or after
October 1, 2002, or whose case number is equal to or
higher than FFL069339.

(Subd (a) adopted effective January 1, 2013.)

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Rule 5 – Family Law
PART ONE: Family Law Proceedings Generally

b. APPLICATIONS FOR ORDERS FOR PUBLICATION OF SUMMONS

A petitioner seeking an order for publication of summons pursuant to Code of Civil
Procedure section 415.50 may submit the request on either a local form made
available for that purpose or in a pleading that contains the same substantive
information required on the form.

(Subd (b) adopted effective January 1, 2013.)

c. FORMS AND DOCUMENTS TO BE INCLUDED WITH MOVING PAPERS

In addition to any forms required by the California Rules of Court, any Request for
Order or other moving papers served on the other party shall include a copy of the
court’s local form Meet and Confer Orders.

A party seeking to modify a prior order or judgment shall attach a copy of the prior
order or pertinent part of the prior judgment to his or her Request for Order. A
copy of the entire judgment need not be attached to the Request for Order. If
the Findings and Order After Hearing has not been filed, a copy of the minute order
shall be attached instead.

A party filing an Order to Show Cause and Affidavit for Contempt (Judicial Council
form FL-410) shall attach a copy of each order allegedly violated.

(Subd (c) adopted effective January 1, 2013.)

d. FILING OF NOTICES OF UNAVAILABILITY

The court shall not accept for filing a "Notice of Unavailability of Counsel" or other
document or pleading whose sole purpose is to advise the court and/or other
parties of an attorney's or party's unavailability. (Carl v. Superior Court of Orange
County (2007) 157 Cal.App.4th 73.)

(Subd (d) adopted effective January 1, 2013.)

(Rule 5.3 adopted effective January 1, 2013.)

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Rule 5 – Family Law

PART ONE: Family Law Proceedings Generally

5.4 APPLICATIONS FOR EMERGENCY ORDERS (EX PARTE ORDERS)

a. APPLICABILITY

All parties shall comply with the provisions in Chapter 7 of Division 1 of Title 5 of
the California Rules of Court and with these local rules.

(Subd (a) amended effective July 1, 2014; adopted effective January 1, 2013.)

b. GENERAL STATEMENT REGARDING EMERGENCY ORDERS

Applications for emergency orders are appropriate only if needed to prevent an
immediate danger or irreparable harm to a party or to the children involved in the
matter, prevent immediate loss or damage to property subject to disposition in the
case, shorten time for hearing or service, or continue a hearing or trial.

(Subd (b) adopted effective July 1, 2014; previous subd (b) relettered as subd (c)
effective January 1, 2014.)

c. PROCEDURES FOR REQUESTING EMERGENCY ORDERS

All parties shall comply with the following procedures:

(1) Requests for emergency orders will be considered every court day at
specific times set by each department. Those times will be available on the
court’s website at www.solano.courts.ca.gov or by telephoning the
individual department.

(2) The original Request for Order plus two copies and any other documents
required by statute or California Rules of Court plus two copies of each
document shall be submitted through the Family Law Division’s clerk’s
office. Unless the moving party has a valid fee waiver order on file or
submits a fee waiver concurrently with the Request for Order, the moving
party is required to pay all the applicable fees set by law at the time the
Request for Order is submitted to the Family Law Division’s clerk’s office.

(3) The emergency order hearing will be set on a date two court days after the
documents are submitted to the Family Law Division’s clerk’s office.

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Rule 5 – Family Law
PART ONE: Family Law Proceedings Generally

(4) Before the emergency order hearing, the moving party shall file a
declaration under penalty of perjury indicating whether or not notice of the
hearing was given in compliance with California Rules of Court, rule 5.165.
The moving party may satisfy this requirement by filing a completed
Declaration Re Notice Upon Application For Emergency Orders (Family
Law) (local form 5006-FL), a completed Judicial Council form approved
for this purpose, or a declaration in compliance with California Rules of
Court, rule 5.151(e)(2).

(Subd (c) amended effective January 1, 2017; adopted effective January 1, 2013;
previously amended July 1, 2014 and January 1, 2016.)

(Rule 5.4 amended effective January 1, 2017; adopted effective January 1, 2013, previously
amended July 1, 2014 and January 1, 2016.)

5.5 LAW AND MOTION HEARINGS (HEARINGS OTHER THAN CASE MANAGEMENT CONFERENCES, STATUS CONFERENCES, SETTLEMENT CONFERENCES, AND TRIALS)

a. SETTING AN INITIAL HEARING

When an initial hearing is set pursuant to a Request for Order or other paper seeking
relief, the matter shall be set on the assigned judicial officer’s law and motion
calendar. The clerk shall provide the time and date for all initial hearings. All
matters set on an initial hearing calendar are limited to 20 minutes of hearing time.

(Subd (a) adopted effective January 1, 2013.)

b. VACATING A SCHEDULED HEARING

(1) By the Moving Party

If the moving party’s Request for Order or other papers seeking relief have
not been served on the responding party, the moving party may take the
matter off calendar by giving notice to the court, which may be done by
telephone to the appropriate department. Notice does not need to be given
to the responding party.

If the pleadings have been served on the responding party but no responsive
pleadings have been filed, the moving party may take the matter off calendar

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Rule 5 – Family Law
PART ONE: Family Law Proceedings Generally

but must give notice to both the court and the responding party so as to avoid
unnecessary review by the court and appearances by the party. Notice to
the court may be given by telephone to the appropriate department.

(Subd (1) adopted effective January 1, 2013.)

(2) By Stipulation

If responsive pleadings have been filed, the moving party may not take the
matter off calendar without written stipulation or written or oral
confirmation by the responding party. Confirmation may be by telephone
to the appropriate department.

If both parties agree no hearing is needed, both parties shall so inform the
department to which a matter has been assigned as soon as practicable.

A failure to appear without prior notification to the court may result in the
imposition of sanctions against one or both parties and/or attorneys, in the
court’s discretion.

(Subd (2) adopted effective January 1, 2013.)

(Subd (b) adopted effective January 1, 2013.)

c. REISSUANCE OF A REQUEST FOR ORDER

If the moving party did not serve the responding party before the date set for the
hearing, a new hearing date may be obtained from the calendar clerk and a Request
for Order may be reissued. The request to reissue the Request for Order must be
submitted to the court at least two court days before the scheduled hearing date;
otherwise, the party must appear at the hearing and request the reissuance in open
court.

If a moving party does not obtain a reissuance prior to the hearing and fails to appear
at the scheduled hearing to request a reissuance, the court may take the matter off
calendar.

If the moving party served the responding party but the service was untimely, the
moving party must attend the scheduled hearing. The responding party shall be
entitled to a continuance and the court may reissue the Request for Order. Any

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Rule 5 – Family Law
PART ONE: Family Law Proceedings Generally

temporary orders previously made may be extended upon a showing of good cause.

(Subd (c) adopted effective January 1, 2013.)

d. DAY OF HEARING PROCEDURES

(1) Duty to Appear and to Advise Court of Settled Issues and Remaining
Contested Issues

All parties and their attorneys shall be punctual for all court appearances
and shall check in with the courtroom clerk or bailiff upon arrival.

The parties or the attorneys for the parties shall be prepared to advise the
court as to what issues have been settled by agreement and what issues
remain contested.

(Subd (1) adopted effective January 1, 2013.)

(2) Failure to Appear by Moving Party

If the moving party or attorney fails to appear when the matter is called, the
court may continue or remove the matter from the calendar at its discretion.
If the responding party appears, the court may award attorney fees and costs
to the appearing party if as a result of the moving party’s nonappearance
unnecessary fees are incurred.

If the responding party appears and has filed and served a responsive
pleading seeking appropriate affirmative relief, the court may continue the
matter or rule on the affirmative relief requested, at its discretion.

(Subd (2) adopted effective January 1, 2013.)

(Subd (d) adopted effective January 1, 2013.)

e. TELEPHONIC APPEARANCES

A party, an attorney, or a representative of a local child support agency or
government agency who wishes to appear by telephone at a hearing must file a
request with the court clerk at least 2 court days prior to the date of the hearing.

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Rule 5 – Family Law
PART ONE: Family Law Proceedings Generally

The request shall be made on a Request for Telephone Appearance (Judicial
Council form FL-679). The request must be served on all other parties, their
attorneys, and the local child support agency through a means calculated to ensure
delivery by the close of business on the next court day.

If the court permits the appearance by telephone, and unless the court specifically
directs otherwise, counsel or litigants wishing to appear by telephone shall refer to
the Court's website at www.solano.courts.ca.gov and follow the procedures as set
forth on the website. Counsel or litigants wishing to appear telephonically shall be
responsible for all fees and costs charged by the service provider.

Absent prior court order, requests for telephonic appearances in trials, contempt
hearings, orders of examination, and any other matters in which the person has been
subpoenaed to appear will not be permitted. Rules for ex parte requests and orders
shortening time shall apply.

(Subd (e) amended effective July 1, 2017; adopted effective January 1, 2013.)

f. INFORMAL DISCOVERY CONFERENCES

The procedure set forth in Local Rule 3.14 shall apply to informal discovery
conferences brought in proceedings governed by Rule 5.

(Subd (f) adopted effective July 1, 2018.)

(Rule 5.5 amended effective July 1, 2018; Rule 5.5 adopted effective January 1, 2013.)

5.6 PRESENCE OF CHILDREN IN COURTROOM

Unless a child whose custody or visitation is at issue has been given court permission to address the court or testify per Family Code section 3042, that child shall not be present in the assigned courtroom while the matter is being heard, unless the judicial officer has specifically given permission for the child to be present.

In the event a party or minor’s counsel wants the child to be present, that party or minor’s counsel may disclose to the court that the child is in the courthouse and request that the child be permitted into the courtroom.

(Rule 5.6 adopted effective January 1, 2013.)

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Rule 5 – Family Law

PART ONE: Family Law Proceedings Generally

5.7 FAMILY CENTERED CASE RESOLUTION PROCESS (CRC 5.83) [REPEALED]

(Rule 5.7 repealed effective July 1, 2018; adopted effective January 1, 2013; amended effective January 1, 2018.)

5.8 STATUS CONFERENCES AND STATUS CONFERENCE REPORTS

a. PROCEDURE FOR SETTING A STATUS CONFERENCE

Status conferences may be used generally to assess the readiness of a case for
meaningful settlement conference and/or trial. No party shall obtain a settlement
conference or trial date except by court permission, which may be given at a status
conference. Status conferences may be utilized at the court’s discretion for any
other purpose deemed appropriate, such as for setting trial management
conferences.

In dissolution of marriage, nullity of marriage, or legal separation matters, a status
conference shall not be set at a party’s request unless that party has filed his or her
Declaration Regarding Service of Declaration of Disclosure and Income and
Expense Declaration (Judicial Council form FL-141) showing that the moving
party has complied with the disclosure requirements set forth in Family Code
section 2104. Status conferences may be requested by filing a local form
designated for that purpose, obtaining a date from the calendar clerk, and giving
notice to the opposing party or counsel. Notice shall be consistent with Code of
Civil Procedure section 1005 and proof of service of such notice shall be filed with
the court.

Compliance with disclosure requirements is not required in Uniform Parentage Act
cases or in proceedings to establish custody or support pursuant to Family Code
section 3120. Thus, in cases brought per the Uniform Parentage Act or per Family
Code section 3120, a party may request a status conference by filing a local form
designated for that purpose, obtaining a date from the calendar clerk, and giving
notice to the opposing party or counsel. Notice shall be consistent with Code of
Civil Procedure section 1005 and proof of service of such notice shall be filed with
the court.

The court may set a case on the status conference calendar at its discretion. No
status conference may be continued or taken off calendar without court permission.

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PART ONE: Family Law Proceedings Generally

(Subd (a) relettered effective July 1, 2018; previously adopted as subd. (b) effective
January 1, 2013; former subd (a) repealed effective July 1, 2018.)

b. FILING AND SERVICE OF STATUS CONFERENCE REPORT

At least seven (7) calendar days before the scheduled status conference, each party
(or their counsel) shall file with the court and serve on all other parties a completed
status conference report on a local form designated for that purpose. The status
conference report shall be printed on light blue paper. Proof of service of the status
conference report shall be filed with the court at least seven (7) calendar days before
the scheduled status conference.

(Subd. (b) relettered effective July 1, 2018; previously adopted as subd. (c) eff.
January 1, 2013; former subd. (b) relettered as subd. (a) effective July 1, 2018.)

c. SANCTIONS

The court may impose sanctions if:

(1) A status conference report is not timely filed and served;

(2) A status conference report is not fully completed;

(3) A party or his or her attorney fails to appear at the status conference.
However, an attorney may appear on behalf of a party unless the court has
ordered a party to personally appear; or,

(4) An attorney or a party is not substantially aware of all procedural, factual,
and legal aspects of the case, or an attorney does not have full authority to
discuss and resolve any issues that arise at the conference, including, but
not limited to, resolving discovery and the setting of subsequent court dates.

(Subd. (c) relettered effective July 1, 2018; previously adopted as subd. (d) effective
January 1, 2013; former subd. (c) relettered as subd. (b) effective July 1, 2018.)

(Rule 5.8 amended effective July 1, 2018; adopted effective January 1, 2013; previously
amended effective January 1, 2018.)

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PART ONE: Family Law Proceedings Generally

5.9 COURT REPORTER FEES

The court will not provide court reporter services free of charge for hearings, evidentiary hearings, or trials. Unless the parties both waive a court reporter, each party shall be responsible for paying the applicable court reporter fees pursuant to Government Code section 68086 or the schedule approved by the Presiding Judge of the Superior Court of California, County of Solano. Fees are payable forthwith unless payment is specifically deferred until a later time by a judicial officer.

(Rule 5.9 adopted effective January 1, 2013.)

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Rule 5 – Family Law
PART TWO: Settlement Conferences and Trials a. SETTLEMENT CONFERENCES GENERALLY

Absent waiver for good cause shown, the court will require a mandatory settlement
conference prior to that matter proceeding to trial. Each party and the attorney who
will try the case for each party shall personally attend the settlement conference,
unless the court excuses the party prior to the conference or has granted permission
to appear telephonically.

(Subd (a) adopted effective January 1, 2013.)

b. DUTY TO MEET AND CONFER

The meet and confer requirements set forth in California Rules of Court, rule 5.98,
shall also apply to settlement conferences.

Counsel and parties shall comply at all times with the policy of the law to promote
settlement of litigation and, where possible, to reduce the costs of litigation by
encouraging cooperation between the parties and attorneys (see Family Code
section 271). Prior to the settlement conference, counsel and parties shall make
good faith efforts to settle all or some of the issues. They must also cooperate so
as to clearly outline and efficiently present the settled and unsettled issues to the
court at the settlement conference.

(Subd (b) adopted effective January 1, 2013.)

c. TIME FOR FILING AND SERVICE OF SETTLEMENT CONFERENCE STATEMENT
AND OTHER REQUIRED DOCUMENTS

Each party or attorney shall file and serve his or her settlement conference statement
and any other documents required by this rule or by court order at least fourteen
(14) calendar days prior to the settlement conference. Proof of service of the
settlement conference statement shall be filed with the court at least seven (7)
calendar days before the scheduled status conference.

(Subd (c) adopted effective January 1, 2013.)

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Rule 5 – Family Law
PART TWO: Settlement Conferences and Trials

d. CONTENTS OF SETTLEMENT CONFERENCE STATEMENT

A settlement conference statement shall state in the caption the date and time of the
settlement conference.

Settlement conference statements submitted in an dissolution of marriage or
registered domestic partnership, nullity, or legal separation action shall respond to
each item set forth below in this subdivision. Settlement conference statements
submitted in any other matter shall respond to each item set forth below in this
subdivision, except for items (4), (5), and (6). If a particular paragraph is not
applicable, the statement shall indicate that fact.

(1) Statistical Facts

(a) For Dissolutions, Nullities, and Legal Separations Only

(i) The date of marriage or registration of registered domestic
partnership, the date of separation, and the length of the
marriage or registered domestic partnership in years and
months; and,

(ii) If the date of separation or any other statistical fact is
contested, the party shall provide all material facts in support
of their position.

(b) For All Cases:

(i) The names and ages of minor children and any disabled adult
children to whom a duty of support may be owed;

(ii) Ages of parties;

(iii) Whether there are any contested issues as to statistical facts,
and if so, a statement setting forth all material facts
concerning the contested issue(s); and,

(iv) The date service of process was completed, where it was
made and how it was accomplished.

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Rule 5 – Family Law
PART TWO: Settlement Conferences and Trials

(2) Child Custody and Visitation

(a) A summary of the existing custody and visitation order or, if there
is no existing order, the parties’ current practice; and,

(b) The party’s proposal for custody and visitation. If the proposal is to
change the existing custody or visitation order, the statement shall
include all material facts in support of the proposal.

(3) Child Support

(a) A summary of the existing child support order or, if there is no
existing order, the parties’ current practice;

(b) All material facts in support of any unusual circumstances regarding
income, expenses or ability to earn income;

(c) A current calculation of the party's proposal for child support,
pursuant to the relevant provisions of the Family Code, including a
calculation of the percent of time share; and,

(d) A statement whether or not either party receives public assistance or
services from the Department of Child Support Services in the
instant or related cases.

(4) Spousal or Partner Support (For Dissolutions, Nullities, and Legal
Separations Only)

(a) A summary of existing spousal or partner support order or, if there
is no existing order, the parties’ current practice;

(b) All material facts in support of any unusual circumstances regarding
income, expenses or ability to earn income;

(c) The party’s proposal for spousal or partner support; and,

(d) All relevant and material facts in support of the party’s position,
including facts concerning each of the factors in Family Code
section 4320 in the case of establishing or modifying post-judgment
support.

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Rule 5 – Family Law
PART TWO: Settlement Conferences and Trials

(5) Contested Property Issues (For Dissolutions, Nullities, and Legal
Separations Only)

Each party shall list each contested asset or obligation, real or personal, and
for each asset or obligation, furnish the following information, if relevant to
the contested issue:

(a) The date it was acquired;

(b) If the asset has a formal title (e.g. house, vehicle, bank account,
brokerage account, etc.), the manner in which title is vested;

(c) The party’s position as to the property’s character, e.g. as
community property, separate property, or quasi-community or
quasi-marital property;

(d) All material facts and law in support of the party's characterization
of the property;

(e) The current fair market value of the property;

(f) The nature, extent and terms of any encumbrance against the
property and the current net equity in the property;

(g) Whether the property has any community property interest through
application of Moore/Marsden or Pereira/Van Camp, and if so, the
factual and legal basis for apportionment, the formula for
apportionment, and the value of each party's community and
separate property interests; and,

(h) A detailed and complete proposal for the disposition of each item of
property. If the proposed disposition is not substantially equal, the
statement shall include a proposal for equalizing the disposition.

(6) Reimbursements and Credits (For Dissolutions, Nullities, and Legal
Separations Only)

(a) If a party is claiming Epstein credits, Watts/Jeffries credits, Family
Code section 2640 reimbursements, or other claims for
reimbursement or credits, the party shall include a complete

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Rule 5 – Family Law
PART TWO: Settlement Conferences and Trials

statement setting forth the factual and legal basis for the credit or
reimbursement claimed and the formula used (if any) to calculate
the credit or reimbursement.

(7) Attorney Fees, Expert Fees, and Costs

(a) Amounts paid by a party on account of his or her own attorney fees,
expert fees, and costs, and any balances due for such fees and costs;

(b) Amounts paid by a party on account of the other party's attorney
fees, expert fees, and costs, and any balances due for such fees and
costs; and,

(c) If a party is requesting that his or her attorney fees, expert witness
fees, or costs be paid in part or in full by the other party, state the
additional amounts requested and the legal and factual basis for the
request.

(8) Documents, Schedules, and Summaries

(a) If property is to be characterized and/or divided, attach copies of all
appraisals, expert reports, and other documentary evidence of an
asset’s value or amount of debt to be offered at the time of trial; and,

(b) List and describe all documents, schedules or summaries, and/or
other evidence to be offered at the time of trial. However, evidence
intended for use only for impeachment purposes is not required to
be listed.

(9) Witnesses and Reports

(a) Give the name, address and telephone number of each witness the
party plans to call at trial;

(b) Attach a copy of each document schedule, summary, expert report
or appraisal about which the witness will testify unless a copy is
attached elsewhere in the settlement conference statement; and,

(c) Provide a brief statement setting forth the substance of the
witnesses’ testimony.

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Rule 5 – Family Law
PART TWO: Settlement Conferences and Trials

(10) Points and Authorities

With respect to disputed matters, each party shall list the points and
authorities or legal arguments upon which that party intends to rely, so far
as is known at the time the statement is prepared.

(Subd (d) amended effective January 1, 2018; adopted effective January 1, 2013.)

e. INCOME AND EXPENSE DECLARATION; TAX RETURNS

If child support, spousal support, attorney fees and costs, or sanctions are at issue
and unless a current Income and Expense Declaration (Judicial Council form FL-
150) is already on file, an updated Income and Expense Declaration shall be filed
concurrently with the party’s settlement conference statement. “Current” shall
have the same definition as California Rules of Court, rule 5.260(a)(3). Each party
shall also be prepared to provide the court with a complete copy of that party’s two
most recent federal personal tax returns. This shall include all schedules and
attachments. If either party files a separate tax return for a business, a complete
copy of the two most recent federal tax returns for that business shall also be made
available. Except for Taxpayer Identification Numbers (TIN) or Social Security
Numbers, no information on any tax returns provided to the court may be redacted.

(Subd (e) adopted effective January 1, 2013.)

f. TRIAL JUDGE AS SETTLEMENT CONFERENCE JUDGE

The settlement conference will be conducted by the trial judge. If any party objects
to the trial judge acting as the settlement conference judge, the objecting party must
do as follows:
(1) Orally object at the hearing if the party is present at the hearing at which the
settlement conference date is set; or,
(2) Object in writing if the party is not present at the hearing at which the
settlement conference date is set. The written objections must be filed no
later than ten (10) calendar days after receiving notice of the settlement
conference date.

(Subd (f) adopted effective January 1, 2013.)

(Rule 5.10 amended effective January 1, 2018; adopted effective January 1, 2013.)

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Rule 5 – Family Law
PART TWO: Settlement Conferences and Trials a. MEET AND CONFER REQUIREMENTS

The meet and confer requirements set forth in California Rules of Court, rule 5.98,
shall also apply to all evidentiary hearings and trials.

(Subd (a) adopted effective January 1, 2013.)

b. VACATING OR CONTINUING AN EVIDENTIARY HEARING OR TRIAL DATE

An evidentiary hearing or trial may be vacated or continued only by court
permission obtained pursuant to stipulation by the parties, by order after a noticed
request, or upon the court’s own motion.

If the evidentiary hearing or trial is continued at a party’s request or by stipulation,
the current fee charged for such continuances shall be paid prior to or concurrently
with the filing of the order continuing the trial or evidentiary hearing.

(Subd (b) adopted effective January 1, 2013.)

c. DOCUMENTARY EVIDENCE

The parties shall bring to trial a sufficient number of copies of all evidence such
that a copy can be provided to all opposing parties and the court. Except for
evidence to be used solely for impeachment (e.g. to directly attack the credibility
of a party or witness), copies of all evidence shall be exchanged with all other
parties prior to the commencement of the trial.

So far as is practicable, all parties must have their respective exhibits (except those
to be used solely for impeachment) marked by the courtroom clerk before the time
scheduled for trial to start, unless excused by the assigned judicial officer.

(Subd (c) adopted effective January 1, 2013.)

(Rule 5.11 adopted effective January 1, 2013.)

5.12 – 5.19 [RESERVED]

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Rule 5 – Family Law
PART THREE: Child Custody and Visitation a. PARTIES’ DUTIES

In all proceedings and actions where there is an initial contested issue regarding the
custody of or visitation with a minor child, the matter shall be set for child custody
recommending counseling through Family Court Services. The custody counseling
shall be completed and a report issued by the child custody recommending
counselor before the court hears the matter. Emergency hearings for temporary
orders pending the hearing are exempt from this rule.

If a party does not appear for the hearing and there is satisfactory proof in the court
file that the non-appearing party has notice of the hearing, the counseling session
may proceed without the party’s participation or may be excused in the court’s
discretion.

(Subd (a) adopted effective January 1, 2013.)

b. REPORT – FULL AGREEMENT

Where a full agreement has been reached in the counseling session between the
parties regarding the issues of custody and visitation, the child custody
recommending counselor shall prepare and forward to the court a written summary
of such agreement.

(Subd (b) adopted effective January 1, 2013.)

c. REPORT – PARTIAL OR NO AGREEMENT

Where there is not a full agreement between the parties regarding the issues of
custody and/or visitation, the child custody recommending counselor shall submit
a recommendation to the court regarding custody of and/or visitation with the minor
child(ren), per Family Code section 3183. The counselor’s recommendation shall
state the factual basis for the recommendation, which may include matters
communicated to the counselor by the parties or the minor child(ren). The court
may consider the written recommendation of the counselor and the basis for that
recommendation in determining the issues before the court at the time of hearing.

(Subd (c) adopted effective January 1, 2013.)

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Rule 5 – Family Law
PART THREE: Child Custody and Visitation

d. DISCLOSURE OF CHILD CUSTODY RECOMMENDING COUNSELING REPORT
PROHIBITED

Any written report or recommendation from a child custody recommending
counselor shall be confidential and unavailable to any person except the court, the
parties, their attorneys and the attorneys' employees or agents, the parties' experts,
licensed family counselors professionally involved with the case, the minor child’s
attorney, and any person to whom the court expressly grants access by written order
made with prior notice to all parties.

Dissemination of the report to persons other than those identified above is strictly
prohibited.

(Subd (d) adopted effective January 1, 2013.)

e. CALLING THE CHILD CUSTODY RECOMMENDING COUNSELOR AS A WITNESS

The child custody recommending counselor may be called as a witness by either
party, minor’s counsel, or the court, and may testify regarding his or her
recommendation and the basis therefore.

A party or attorney calling the counselor as a witness at any hearing must comply
with all statutory requirements for compelling a witness’ attendance at a hearing or
trial, including the payment of witness fees.

(Subd (e) adopted effective January 1, 2013.)

f. GRIEVANCE PROCEDURE

The procedure for processing a complaint concerning a Family Court Services child
custody recommending counselor shall be as follows:

(1) Complaints are only accepted from the following individuals:

(a) A party to the action;

(b) A party’s attorney; or

(c) The court-appointed attorney for the minor child.

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Rule 5 – Family Law
PART THREE: Child Custody and Visitation

(2) The complainant must submit his or her complaint in writing with the
Operations Manager for the Family Law Division.

(3) The written complaint must include the following information:

(a) The names of the parties in the case and their attorneys;

(b) The family law case number;

(c) The most recent court date and the date(s) on which the parties met
with the counselor;

(d) The name(s) of any Family Court Services personnel (i.e. child
custody recommending counselors) with whom the complainant had
contact; and,

(e) A statement explaining the reasons for the complaint. Mere
disagreement with a child custody recommending counselor’s
recommendation(s) or stated reasons for a recommendation is not a
sufficient basis for the court or any other program manager to take
action on the grievance, and such a complaint may be summarily
dismissed without further investigation or action.

(4) Persons making complaints should be aware that all information contained
in the complaint will be made available to all parties and the counselor(s)
involved in the case.

(5) The Operations Manager will conduct an investigation of the matter, which
will include consultation with the child custody recommending counselor.
The complainant will be informed in writing of the results of the Operations
Manager’s investigation within 30 days of the submission of the complaint.

(5) Nothing precludes the complainant from bringing his or her concerns to the
court through a noticed motion.

(Subd (f) amended effective January 1, 2018; adopted effective January 1, 2013.)

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Rule 5 – Family Law
PART THREE: Child Custody and Visitation

g. PEREMPTORY CHALLENGE AGAINST FAMILY COURT SERVICES CHILD
CUSTODY RECOMMENDING COUNSELOR

There shall be no “peremptory challenges” of the assigned Family Court Services
child custody recommending counselor.

(Subd (g) adopted effective January 1, 2013.)

h. EX PARTE COMMUNICATIONS WITH CHILD CUSTODY RECOMMENDING
COUNSELOR

Ex parte communication between any party or any attorney and the Family Court
Services child custody recommending counselor is prohibited, unless authorized by
the court or unless the child’s or a party’s physical safety is subject to imminent
risk of harm or danger.

(Subd (h) adopted effective January 1, 2013.)

(Rule 5.20 amended effective January 1, 2018; adopted effective January 1, 2013.)

5.21 CHILD CUSTODY AND VISITATION EVALUATIONS

a. CONTACT WITH EVALUATOR IN CHILD CUSTODY PROCEEDINGS

All ex parte communications between court-appointed or court-connected
evaluators and parties or their attorneys are prohibited, except as provided by law
or court order. (A "court-connected evaluator" is a superior court employee or a
person under contract with a superior court who conducts child custody evaluations.
CRC 5.225(b)(7).) The court may order sanctions for violation of this no-contact
rule, which may include but not be limited to evidence or issue or monetary
sanctions, or suppression and sealing of the evaluator’s report and the conduct of a
new evaluation or investigation at the sole expense of the offending party.

(Subd (a) adopted effective January 1, 2013.)

b. SANCTIONS FOR UNAUTHORIZED ACCESS TO EVALUATOR’S REPORT

Disclosure of the report is governed by Family Code section 3111. If any person
entitled by law or court order to have access to the report discloses the report to

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Rule 5 – Family Law
PART THREE: Child Custody and Visitation

unauthorized individuals or the minor child, the court may impose sanctions against
that person.

(Subd (b) adopted effective January 1, 2013.)

c. GRIEVANCE PROCEDURE – EVALUATORS

The procedure for processing a complaint concerning a court-appointed or court -
connected evaluator shall be as follows:

(1) If the complaint involves the cost or administration of the evaluation or
investigation process, then the complainant shall attempt to resolve the
matter with the evaluator before pursuing his or her complaint as provided
in this rule. All such attempts at resolution shall comply with court orders
and all applicable laws. All other complaints shall be made as presented in
subpart 3 of this rule, below.

(2) Except upon a showing of extraordinary circumstances, complaints about
the performance of an evaluator or investigator shall be addressed after
issuance of the evaluation or investigation report.

(3) Written notice of a complaint, specifying the conduct objected to, shall be
provided to the evaluator or investigator, the other party, and the attorney
for the minor child, and shall be lodged with the court by direct delivery to
the judicial officer, within 20 days after issuance of the evaluation report.
Mere disagreement with an evaluator’s or investigator’s recommendation(s)
or stated reasons is not a sufficient basis for the court or any program
manager to take action on the grievance, and such a complaint may be
summarily denied without further investigation.

(4) A written response from the evaluator or investigator (and from the other
party and/or the attorney for the minor child, at their respective election)
shall be provided to both parties and the attorney for the minor child, and
shall be lodged with the court, no later than 10 days after the complaint was
provided to the evaluator or investigator, the other party, the minor child’s
attorney, and the court.

(5) Within 10 days after receipt of the evaluator’s or investigator’s response, or
if there is no response from the evaluator or investigator, within 20 days
after receiving the original complaint, the court shall issue a written

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Rule 5 – Family Law
PART THREE: Child Custody and Visitation

statement as to what action, if any, it deems appropriate to deal with the
complaint.

(6) If either party or attorney for a minor is not satisfied with the court’s
determination, he or she may file a noticed motion requesting other
specified relief. Such motion shall be in compliance with Code of Civil
Procedure section 1005 and shall be served on the other parties, the attorney
for the minor child, and the evaluator or investigator. The evaluator or
investigator shall appear at the hearing. The cost of the evaluator’s or
investigator’s appearance shall be advanced by the complainant, with the
court reserving jurisdiction over the allocation of such cost.

(Subd (c) adopted effective January 1, 2013.)

d. PEREMPTORY CHALLENGE AGAINST EVALUATOR

There shall be no “peremptory challenges” of the appointed evaluator.

(Subd (d) adopted effective January 1, 2013.)

e. EVALUATOR’S PETITION FOR WITHDRAWAL FROM A CASE

A private evaluator shall have the right to petition for withdrawal from a case to
which he or she has been appointed. Such petition shall demonstrate good cause
for the withdrawal request. The petition shall be filed and served in compliance
with Code of Civil Procedure section 1005.

(Subd (e) adopted effective January 1, 2013.)

(Rule 5.21 adopted effective January 1, 2013.)

5.22 – 5.29 [RESERVED]

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Rule 5 – Family Law

PART FOUR: Support, Property Division, Attorney Fees, Costs, and Sanctions

5.30 CALCULATION OF TEMPORARY SPOUSAL OR PARTNER SUPPORT

The court has adopted the Santa Clara guideline for temporary spousal or partner support.

(Rule 5.30 adopted effective January 1, 2013.)

5.31 – 5.39 [RESERVED]

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Rule 5 – Family Law

PART FIVE: Judgments

5.40 CALENDARING HEARINGS FOR DEFAULT OR UNCONTESTED JUDGMENTS

Whenever permitted by law, parties are strongly encouraged to submit judgments by affidavit instead of requesting a hearing.

To obtain an uncontested or default judgment through a hearing, the requesting party shall submit a request for a hearing date in writing to the Family Law Clerk’s Office. That request will then be submitted to the assigned judicial officer for calendaring. If the request is granted, a notice of hearing will then be sent to the requesting party.

(Rule 5.40 adopted effective January 1, 2013.)

5.41 DOCUMENTS NEEDED FOR JUDGMENTS FOR LEGAL SEPARATION OR DISSOLUTION OF MARRIAGE OR REGISTERED DOMESTIC PARTNERSHIP

To obtain a judgment of dissolution or legal separation by declaration (without a hearing in court) pursuant to Family Code section 2336, the petitioner shall provide the forms listed in Judgment Checklist – Dissolution/Legal Separation (Judicial Council form FL-182) for the situation that pertains to that case (e.g. default without agreement, default with agreement, or uncontested). Documents that have already been filed do not need to be resubmitted.

To obtain a judgment of dissolution of marriage or registered domestic partnership or legal separation through a hearing, the requesting party must submit to the court at the time the hearing is requested the documents identified in Judgment Checklist – Dissolution/Legal Separation (Judicial Council form FL-182) for the situation that pertains to that case (e.g. default without agreement, default with agreement, or uncontested). Documents that have already been filed do not need to be resubmitted.

(Rule 5.41 adopted effective January 1, 2013.)

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Rule 5 – Family Law

PART FIVE: Judgments

5.42 DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

Judgments for nullity of marriage or registered domestic partnership must be set for hearing. They may not be requested by affidavit.

To obtain a judgment of nullity of marriage or registered domestic partnership, the requesting party must submit to the court the documents identified in Appendix 5-A for the situation that pertains to that case (e.g. default without agreement, default with agreement, or uncontested). Documents that have already been filed do not need to be resubmitted.

(Rule 5.42 adopted effective January 1, 2013.)

5.43 DOCUMENTS NEEDED FOR DEFAULT OR UNCONTESTED JUDGMENTS FOR ESTABLISHMENT OF PARENTAL RELATIONSHIP (UPA) OR FOR ESTABLISHMENT OF CUSTODY AND SUPPORT

To obtain a uncontested or default judgment that either establishes the existence or non - existence of a parental relationship or establishes custody and support per Family Code section 3120, the requesting party must submit to the court the documents identified in Appendix 5-B for the situation that pertains to that case (e.g. default without agreement, default with agreement, or uncontested). Documents that have already been filed do not need to be resubmitted.

(Rule 5.43 adopted effective January 1, 2013.)

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Rule 5 – Family Law

APPENDIX

5-A: DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

A. DEFAULT WITH NO AGREEMENT (NO APPEARANCE AND NO AGREEMENT)

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested: Proof of Service of Summons (form FL-115) or other proof of service The petitioner’s Declaration regarding Service of Declaration of Disclosure and Income and Expense Declaration (f 141) Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address If there are children of the relationship, submit the following: 1. The petitioner’s Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) If any financial relief is requested (e.g. child support, spousal/partner support, attorney fees), submit the following: The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155) For attorney fees: A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and, Either a Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form

The following documents shall be submitted to the court prior to or at the hearing: Judgment (form FL-180), to which is attached: 1. If child custody is requested: Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a) 2. If child support is requested: Child Support Information and Order Attachment (form FL-342) Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192) 3. If spousal or partner support is requested: Spousal, Partner, or Family Support Order Attachment (form FL-343) or other proposed written order 4. If attorney fees are requested: Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order 5. If property division is requested: Property Order Attachment to Judgment (form FL-345) or other proposed written order Notice of Entry of Judgment (form FL-190) 2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope addressed to petitioner and the other to respondent.

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Rule 5 – Family Law

APPENDIX

5-A: DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

B. DEFAULT WITH AGREEMENT (NO RESPONSE AND A WRITTEN AGREEMENT)

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested: Proof of Service of Summons (form FL-115) or other proof of service Declaration regarding Service of Declaration of Disclosure and Income and Expense Declaration (form FL-141) from both the petitioner and respondent (each party must file a separate form) One of the following: 1. Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (form FL- 141) from both the petitioner and respondent (each party must file a separate form) 2. Stipulation and Waiver of Final Declaration of Disclosure (form FL-144) 3. Separately filed waiver or waiver included in a written agreement under Family Code section 2105(d) Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address If there are children of the relationship, submit the following: 1. The petitioner’s Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) If any financial relief is requested (e.g. child support, spousal/partner support, attorney fees), submit the following: 1. The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155) 2. The respondent's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155) 3. For attorney fees: A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and, A Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form

The following documents shall be submitted to the court prior to or at the hearing: Judgment (form FL-180), to which is attached: 1. If child custody is requested: Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a) 2. If child support is requested: Child Support Information and Order Attachment (form FL-342) Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192) 3. If spousal or partner support is requested: Spousal, Partner, or Family Support Order Attachment (form FL-343) or other proposed written order (continued on next page)

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Rule 5 – Family Law
APPENDIX

5-A: DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

4. If attorney fees are requested:
Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order
5. If property division is requested:
Property Order Attachment to Judgment (form FL-345) or other proposed written order
Notice of Entry of Judgment (form FL-190)
2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope
addressed to petitioner and the other to respondent.

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APPENDIX

5-A: DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

C. UNCONTESTED CASE (APPEARANCE BY RESPONDENT AND A WRITTEN AGREEMENT)

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested: Proof of Service of Summons (form FL-115) or other proof of service Declaration regarding Service of Declaration of Disclosure and Income and Expense Declaration (form FL-141) from both the petitioner and respondent (each party must file a separate form) One of the following: 1. Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (form FL 141) from both the petitioner and respondent (each party must file a separate form) 2. Stipulation and Waiver of Final Declaration of Disclosure (form FL-144) 3. Separately filed waiver or waiver included in a written agreement under Family Code section 2105(d) Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address If there are children of the relationship, submit the following: 1. The petitioner’s Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) If any financial relief is requested (e.g. child support, spousal/partner support, attorney fees), submit the following: 1. The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155) 2. The respondent's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155) 3. For attorney fees: A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and, A Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form

The following documents shall be submitted to the court prior to or at the hearing: Judgment (form FL-180), to which is attached: 1. If child custody is requested: Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a) 2. If child support is requested: Child Support Information and Order Attachment (form FL-342) Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192) 3. If spousal or partner support is requested: Spousal, Partner, or Family Support Order Attachment (form FL-343) or other proposed written order (continued on next page)

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APPENDIX

5-A: DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

4. If attorney fees are requested:
Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order
5. If property division is requested:
Property Order Attachment to Judgment (form FL-345) or other proposed written order
Notice of Entry of Judgment (form FL-190)
2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope
addressed to petitioner and the other to respondent.

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Rule 5 – Family Law

APPENDIX

5-B: DOCUMENTS NEEDED FOR DEFAULT OR UNCONTESTED JUDGMENTS FOR ESTABLISHMENT OF

PARENTAL RELATIONSHIP (UPA) OR FOR ESTABLISHMENT OF CUSTODY AND SUPPORT PER FAMILY CODE §3120

A. DEFAULT WITH NO AGREEMENT (NO RESPONSE AND NO AGREEMENT)

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted: Proof of Service of Summons (form FL-115) or other proof of service Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address The petitioner’s Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) If proceeding without a hearing, submit a Declaration for Default or Uncontested Judgment (form FL-230), to which is attached: 1. The petitioner’s Advisement and Waiver of Rights Re: Establishment of Parental Relationship (form FL-235) 2. If attorney fees are requested: A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and, Either a Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form If either child support or attorney fees are requested, submit the following: 1. The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155)

The following documents shall be submitted to the court prior to or at the hearing or at the time the judgment by declaration is submitted: Judgment (form FL-250), to which is attached: 1. Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a) 2. If child support is requested: Child Support Information and Order Attachment (form FL-342) Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192) 3. If attorney fees are requested: Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order Notice of Entry of Judgment (form FL-190) 2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope addressed to petitioner and the other to respondent.

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Rule 5 – Family Law

APPENDIX

5-B: DOCUMENTS NEEDED FOR DEFAULT OR UNCONTESTED JUDGMENTS FOR ESTABLISHMENT OF

PARENTAL RELATIONSHIP (UPA) OR FOR ESTABLISHMENT OF CUSTODY AND SUPPORT PER FAMILY CODE §3120

B. DEFAULT WITH AGREEMENT (NO RESPONSE AND A WRITTEN AGREEMENT)

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted: Proof of Service of Summons (form FL-115) or other proof of service Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address The petitioner’s Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) If proceeding without a hearing, submit a Declaration for Default or Uncontested Judgment (form FL-230), to which is attached: 1. The petitioner’s Advisement and Waiver of Rights Re: Establishment of Parental Relationship (form FL-235) 2. The respondent’s Advisement and Waiver of Rights Re: Establishment of Parental Relationship (form FL-235) 3. If attorney fees are requested: A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and, Either a Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form If either child support or attorney fees are requested, submit the following: 1. The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155)

The following documents shall be submitted to the court prior to or at the hearing or at the time the judgment by declaration is submitted: Judgment (form FL-250), to which is attached: 1. Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a) 2. If child support is requested: Child Support Information and Order Attachment (form FL-342) Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192) 3. If attorney fees are requested: Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order Notice of Entry of Judgment (form FL-190) 2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope addressed to petitioner and the other to respondent.

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Rule 5 – Family Law

APPENDIX

5-B: DOCUMENTS NEEDED FOR DEFAULT OR UNCONTESTED JUDGMENTS FOR ESTABLISHMENT OF

PARENTAL RELATIONSHIP (UPA) OR FOR ESTABLISHMENT OF CUSTODY AND SUPPORT PER FAMILY CODE §3120

C. UNCONTESTED (APPEARANCE BY THE RESPONDENT AND A WRITTEN AGREEMENT)

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted: Proof of Service of Summons (form FL-115) or other proof of service Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) from both the petitioner and respondent (a separate form must be filed by each party) Stipulation for Entry of Judgment Re: Establishment of Parental Relationship (form FL-240) If proceeding without a hearing, submit a Declaration for Default or Uncontested Judgment (form FL-230), to which is attached: 1. Advisement and Waiver of Rights Re: Establishment of Parental Relationship (form FL-235) from both the petitioner and the respondent (a separate form must be signed by each party) 2. If attorney fees are requested: A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and, Either a Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form If either child support or attorney fees are requested, submit the following: 1. The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155)

The following documents shall be submitted to the court prior to or at the hearing or at the time the judgment by declaration is submitted: Judgment (form FL-250), to which is attached: 1. Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a) 2. If child support is requested: Child Support Information and Order Attachment (form FL-342) Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192) 3. If attorney fees are requested: Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order Notice of Entry of Judgment (form FL-190) 2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope addressed to petitioner and the other to respondent.

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Rule 5 – Family Law

APPENDIX

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FI LE D 1 :?-OL·H .. .. CO UR T 20 15 AUG II AH 8: 33 2

3

4

5 IN THE SUPERIOR COURT OF CALIFORNIA

6 IN AND FOR THE COUNTY OF SOLANO

7

8 In Re: All Matters Involving the Solano County Standing Order No. 2015-001-FL

9 Department of Child Support Services
STANDING ORDER
INCORPORATING SOLANO COUNTY 10
DCSS ADDITIONAL ORDERS INTO
11 ALL SOLANO COUNTY DCSS
JUDGMENTS AND ORDERS
12

13

14 TO ALL PARTIES IN MATTERS INVOLVING THE SOLANO COUNTY

15 DEPARTMENT OF CHILD SUPPORT SERVICES:

16 1. Whereas the Solano County Department of Child Support Services ("DCSS") has a set

17 of standard orders routinely included in its petitions, orders, and judgments;

18 2. Whereas recent changes to the formatting and method of filing of petitions, orders, and

19 judgments do not provide space for the inclusion of said standard orders; and,

20 3. Good cause exists to continue including such standard orders in future petitions, orders,

21 andjudgments ;

22 IT IS HEREBY ORDERED:

23 1. Effective August 1, 2015, the Solano County Department of Chi ld Support Services

24 standard orders shall be incorporated by reference as orders of this court in all judgments and

25 orders made in proceedings where the So lano County Department of Child Support Services is

Standing Order 201 5-00 1-FL Page I of2

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Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

6.1 ADOPTION, CONSTRUCTION AND AMENDMENT OF RULES AND STANDING ORDERS

a. APPLICABILITY OF RULES

Unless otherwise stated in a particular rule, Rule 6 shall apply to all matters heard
pursuant to Welfare and Institutions Code sections 300, 601, or 602
.
(Subd (a) amended effective January 1, 2010; adopted effective August 1, 2002;
previously amended effective August 3, 2007, and July 1, 2008.)

b. STANDING ORDERS

The Presiding Judge of the Juvenile Division may issue such standing orders for
the administration of the Juvenile Court, as the court deems appropriate. The court
may issue new or amended standing orders by filing the same with the clerk of the
court and posting the order for a period of thirty (30) days outside of the juvenile
courtrooms and the clerk’s office.

(Subd (b) amended and relettered effective January 1, 2010; adopted as subdivision
(c) of Rule 6.1.1 effective August 1, 2002; previously amended effective July 1,
2008.)

(Rule 6.1 amended and renumbered effective January 1, 2010; adopted as Rule 6.1.1
effective August 1, 2002; previously amended effective August 3, 2007, and July 1, 2008.)

6.2 ASSIGNMENT OF JUDICIAL OFFICER; JUVENILE CALENDAR

a. ASSIGNMENT OF JUDICIAL OFFICER FOR ALL PURPOSES

When a juvenile case is filed, or received and filed as a transfer from another
jurisdiction, the Clerk of the Court shall assign the case to one judicial officer for
all purposes, as directed by and subject to the approval of the Presiding Judge of
the Juvenile Division. The assignment shall be designed to fairly distribute the
workload among the judicial officers of the Juvenile Division and best serve the
court.

(Subd (a) adopted effective July 1, 2012.)

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Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

b. JUVENILE CALENDAR

All juvenile matters will be heard by the Juvenile Court on such days and such
times as scheduled or approved by the Juvenile Presiding Judge.

(Subd (b) relettered effective July 1, 2012; adopted as unlettered portion of Rule
6.1.2 effective August 1, 2002; previously amended effective July 1, 2008; amended
and renumbered effective January 1, 2010.)

(Rule 6.2 amended effective July 1, 2012; adopted as Rule 6.1.2 effective August 1, 2002;
previously amended effective July 1, 2008; amended and renumbered effective January 1,
2010.)

6.3 ACCESS TO COURTROOM BY NON-PARTIES

Unless specifically permitted by statute, Juvenile Court proceedings are confidential and shall not be open to the general public. The court encourages interested persons including trainees and students to attend juvenile proceedings in order to better understand the workings of the Juvenile Court. The court retains the discretion to determine in each case whether any such interested party shall remain in the courtroom.

(Rule 6.3 amended and renumbered effective January 1, 2010; adopted as Rule 6.1.3 effective August 1, 2002.)

6.4 CONFIDENTIALITY

All participants or permitted observers in Juvenile Court proceedings shall maintain the confidentiality of Juvenile Court documents and proceedings. Juvenile records may not be copied or disseminated outside of the juvenile proceedings without a court order. An intentional violation of these confidentiality provisions is a misdemeanor punishable by fine, imprisonment or both, and/or punishable as a contempt of court. [W&I § 827(b)(2)]

(Rule 6.4 amended and renumbered effective January 1, 2010; adopted as Rule 6.1.4 effective August 1, 2002; previously amended effective July 1, 2008.)

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Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General a. DISCOVERY OF JUVENILE RECORDS

Except as indicated within this rule, in all cases in which a person or agency seeks
access to Juvenile Court records, including records maintained by the Juvenile
Court Clerk, the Probation Department, or the Health and Social Services
Department – Child Welfare Services Division, the person or agency shall file a
Petition for Disclosure (Judicial Council form JV-570) [W&I § 827(a)(2)(A)] with
the Presiding Judge or a judicial officer of the Juvenile Court. The petition shall
set forth with specificity the materials sought and the relevance of the materials to
the underlying action. The petition shall be supported by a declaration which
specifies the information or documents sought, the purpose for which the
documents or information is sought, the relevance of the documents or information
to the purpose for which they are sought, and, if necessary, a memorandum of points
and authorities. The Juvenile Court Clerk shall not accept facsimile copies of
Section 827 petitions for filing. This section does not apply to those persons and
agencies designated by Welfare and Institutions Code section 827(a) or any party
authorized to obtain records by a standing order issued by this court.

(Subd (a) amended and subd (1) through (3) deleted effective January 1, 2010;
adopted effective August 1, 2002; previously amended effective July 1, 2008.)

b. RELEASE OF RECORDS TO PARTIES AND THEIR ATTORNEYS

Any party, their attorney, or authorized agent in any Welfare and Institutions Code
§§300, 601 or 602 matter shall be given access to all records relating to the child
which are held by the Clerk of the Court unless otherwise specifically ordered by
the court. The party or counsel shall also have the right to secure copies of such
records. The party or counsel shall be responsible for the cost of any copying. Any
person requesting records shall complete the form adopted or approved by the court
for this purpose. A copy of the request shall be filed in the court file.

(Subd (b) amended effective January 1, 2010; adopted as subd (f) effective August
1, 2002; previously amended and relettered effective July 1, 2008.)

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Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

c. RELEASE OF COURT REPORTS TO COURT-APPROVED MENTAL HEALTH
EVALUATORS

Where the court has ordered a mental health or psychological evaluation of a minor,
the court approved evaluator shall be given access to the court’s file, unless the
court makes a specific order to the contrary in the referral.

(Subd (c) amended and relettered effective July 1, 2008; adopted as subd
(g) effective August 1, 2002.)

(Rule 6.5 amended and renumbered effective January 1, 2010; adopted as Rule 6.1.5
effective August 1, 2002; previously amended effective July 1, 2008.)

6.6 DISCOVERY

a. INFORMAL DISCOVERY

Discovery shall be conducted informally. Except as protected by privilege, all
relevant material shall be disclosed in a timely fashion to all parties to the litigation.

(Subd (a) adopted effective August 1, 2002.)

b. FORMAL DISCOVERY

If all informal means of discovery have been exhausted, a party may petition the
court for discovery. Any noticed motion shall state the relevancy and materiality
of the information sought and the reasons why informal discovery was not adequate
to secure that information. The motion shall be served on all parties at least five
(5) court days before the hearing date. The date for the hearing shall be obtained
from the Juvenile Court clerk. A copy shall be served on the court before whom
the matter is scheduled to be heard. Any responsive papers shall be filed and served
in like manner two (2) court days prior to the hearing.

(Subd (b) amended effective January 1, 2010; adopted effective August 1, 2002.)

(Rule 6.6 amended and renumbered effective January 1, 2010; adopted as Rule 6.1.7
effective August 1, 2002; renumbered as Rule 6.1.6 effective July 1, 2008.)

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Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General a. FORMAT OF PETITIONS, PLEADINGS AND MOTIONS

All petitions, pleadings and motions filed with the Juvenile Court must be in a
format approved by the court. All petitions, pleadings and motions must be
reviewed and signed by the attorney of record for the party where the party is
represented by counsel. Counsel are responsible for ensuring the legal sufficiency
of the document and compliance with procedural requirements.

(Subd (a) relettered effective January 1, 2010; adopted as unlettered portion of
Rule 6.1.8 effective August 1, 2002; former subd (a) repealed effective January 1,
2010.)

b. EX PARTE APPLICATIONS

All ex parte applications shall be in writing and the party making the applications
shall provide notice to all counsel at least one court day prior to the hearing.

(Subd (b) amended effective January 1, 2010; adopted as subd (e) effective August
1, 2002; amended and relettered effective July 1, 2008.)

c. NOTICES OF UNAVAILABILITY

The court shall not accept for filing a "Notice of Unavailability of Counsel" or other
document or pleading whose sole purpose is to advise the court and/or other parties
of an attorney's or party's unavailability. Carl v. Superior Court of Orange County
(2007) 157 Cal.App.4th 73.

(Subd (c) adopted effective January 1, 2009.)

(Rule 6.7 amended and renumbered effective January 1, 2010; adopted as Rule 6.1.8
effective August 1, 2002; previously amended and renumbered as Rule 6.1.7 effective July
1, 2008; previously amended effective January 1, 2009.)

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Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

6.8 REQUEST FOR TRANSCRIPTS BY NON-PARTY

Any non-party requesting a reporter’s transcript of a juvenile proceeding must file a Petition for Disclosure (Judicial Council form no. 570).

(Rule 6.8 amended and renumbered effective January 1, 2010; adopted as Rule 6.1.11 effective August 1, 2002; previously renumbered as Rule 6.1.10 effective July 1, 2008.)

6.9 WELFARE AND INSTITUTIONS CODE SECTION 241.1 ASSESSMENTS

Any party requesting a Welfare and Institutions Code section 241.1 hearing may submit a written declaration providing specific facts supporting the party’s assertion that the minor comes within the description of a person subject to both Welfare & Institutions Code section 300 and either Section 601 or 602. The Probation Department and Child Welfare Services shall prepare an assessment report in accordance with the protocol established by Welfare and Institutions Code section 241.1, subdivision (b). The report shall provide the sources of the factual information upon which the recommendations of the respective departments are based.

(Rule 6.9 amended and renumbered effective January 1, 2010; adopted as Rule 6.1.15 effective August 1, 2002; previously amended and renumbered as Rule 6.1.11 effective July 1, 2008.)

6.10 MOTION TO CHALLENGE LEGAL SUFFICIENCY OF PETITION

a. TIMING OF THE MOTION

A motion to challenge the legal sufficiency of the petition may be made orally or
in writing at the initial/detention hearing, or at the jurisdictional hearing. A party
may object on the ground that the petition alleges facts which, even if determined
to be true, either are not sufficient to state a cause of action, or are not stated with
sufficient clarity and precision to enable the party to determine what must be
defended against. The court may entertain the objection by oral argument when
made, or may set it for further hearing. No objection in the nature of a special
demurrer to particular allegation shall lie to challenge only certain paragraphs under
a particular subdivision of Welfare & Institutions Code section 300 (i.e. a party
must challenge all allegations under Section 300(b), not merely certain allegations.)

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Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

(Subd (a) amended effective January 1, 2010; previously adopted as subd (a) of
Rule 6.2.5 effective August 1, 2002.)

b. HEARING ON MOTION; MEMORANDA OF POINTS AND AUTHORITIES

If the court sets a hearing on the objection, counsel for the objecting party may file
a supporting memorandum of points and authorities. To be considered timely, the
memorandum must be filed at least 48 hours before the hearing in the department
where the hearing is scheduled. The petitioner may file a memorandum of points
and authorities in opposition to the objection. To be considered timely, the
memorandum in opposition must be filed by 8:30 a.m. on the day of the hearing, in
the department where the matter is set for hearing. All memoranda of points and
authorities, whether in support of or in opposition to the objection, must be served
on all other counsel and the petitioner via facsimile or personal service.

(Subd (b) amended effective January 1, 2010; previously adopted as subd (b) of
Rule 6.2.5 effective July 1, 2008.)

c. AMENDING THE PETITION

Petitioner may not amend the petition without leave of court once a written
objection to the sufficiency of the petition has been filed.

(Subd (c) amended effective January 1, 2010; previously adopted as subd (c) of
Rule 6.2.5 effective July 1, 2008.)

d. OBJECTION OVERRULED

If an objection to the sufficiency of a petition is overruled and no admission or
denial has been entered, the Court shall allow the admission or denial to be entered
at the conclusion of the hearing, or upon such terms as may be just.

(Subd (d) amended effective January 1, 2010; previously adopted as subd (d) of
Rule 6.2.5 effective July 1, 2008.)

e. OBJECTION SUSTAINED

If the Court sustains the objection to the sufficiency of a petition, the Court may
grant leave to amend the petition upon any terms as may be just and shall fix the

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Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

time within which the amended petition shall be filed. During the time that the petition is being amended, the minor may continue to be detained if the Court finds that a prima facie case for detention exists.

(Subd (e) amended effective January 1, 2010; adopted as unlettered portion of Rule 6.2.8 effective August 1, 2002; amended and relettered as Subd (e) effective July 1, 2008.)

(Rule 6.10 adopted effective January 1, 2010.)

6.11 – 6.29 [Reserved]

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Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency a. MINIMUM STANDARDS OF COMPETENCE

All attorneys seeking appointment in juvenile dependency proceedings must meet
the minimum standards of competence set forth in California Rules of Court, rule
5.660(d).

(Subd (a) amended and relettered effective January 1, 2010; adopted as unlettered
portion of Rule 6.2.1 effective August 1, 2002.)

b. INITIAL APPLICATION TO PRACTICE IN THE JUVENILE COURT

An attorney seeking to practice before the Juvenile Court in dependency matters
shall submit an Application to Practice (Solano County Local Form no. 6000) to
the Presiding Judge of the Juvenile Court.

(Subd (b) adopted effective January 1, 2010.)

c. RENEWAL APPLICATION TO PRACTICE IN THE JUVENILE COURT

A Renewal Application to Practice (Solano County Local Form no. 6001) before
the Juvenile Court must be submitted to the court by January 30 in the year
immediately following the two (2) year anniversary of the submission of the
original Application to Practice. Those attorneys who submitted their original
application in January shall file their renewal application by January 30 of the
second year following the submission of the original Application to Practice. The
attorney shall attach to the renewal application evidence that he or she completed
at least eight (8) hours of continuing training or education directly related to
dependency proceedings since the last application. This evidence may include a
certificate of attendance at MCLE training, professional organization training
(along with a copy of the program schedule) and/or attendance at court-sponsored
or approved training.

Failure to supply proof of completion of continuing education or training by the
due date will cause the court to notify the attorney that his or her right to be
appointed in dependency proceedings will be revoked. The attorney shall have
thirty (30) days from mailing of notice to submit proof of completion of the required

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Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency

education or training. If the attorney fails to submit such proof, the court will not recommend further appointments until such time as the requisite proof is provided.

(Subd (a) amended and relettered effective July 1, 2008; adopted as subd (c) effective August 1, 2002.)

(Rule 6.30 amended and renumbered effective January 1, 2010; adopted as Rule 6.2.1 effective August 1, 2002; previously amended effective July 1, 2008.)

6.31 APPOINTMENT OF PRIVATE COUNSEL IN DEPENDENCY PROCEEDINGS

a. ELIGIBILITY FOR APPOINTMENT

The court will appoint only counsel who has submitted the application required by
these rules and have been certified by the court to represent parents or children in
the dependency court.

(Subd (a) amended effective July 1, 2008; adopted effective August 1,
2002)

b. NOTIFICATION OF APPOINTMENT

Notification of appointment may be communicated by phone call and confirmed by
appropriate written order or minute order.

(Subd (b) amended effective July 1, 2008; adopted effective August 1,
2002.)

c. COMPENSATION

Billing shall be forwarded to the court on appropriate forms with documentation
for approval.

(Subd (c) adopted effective August 1, 2002.)

(Rule 6.31 renumbered effective January 1, 2010; adopted as Rule 6.2.2 effective August
1, 2002; previously amended effective July 1, 2008..)

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Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency

6.32 PROCEDURES FOR REVIEWING AND RESOLVING COMPLAINTS REGARDING REPRESENTATION IN DEPENDENCY PROCEEDINGS

a. WHO MAY LODGE A COMPLAINT

Any party to a Juvenile Court dependency proceeding may lodge a written
complaint with the court concerning the performance of the party’s appointed
attorney in that proceeding. In the case of a complaint concerning the performance
of an attorney appointed to represent a minor, the complaint may be lodged either
by the minor or on the minor’s behalf by the social worker, a caretaker relative or
a foster parent.

(Subd (a) amended effective July 1, 2008; adopted effective August 1, 2002.)

b. PROCEDURE

(1) Upon receipt of a written complaint, the court shall notify the attorney in
question of the complaint, shall provide the attorney with a copy of the
complaint, and shall give the attorney fifteen days from the date of the
notice to respond to the complaint in writing.

(Subd (1) renumbered effective January 1, 2010; adopted as portion of subd
(b) effective August 1, 2002.)

(2) After a response has been filed by the attorney or the time for the submission
of a response has passed, the court shall review the complaint and the
response, if any, to determine whether the attorney acted contrary to local
rules or policies or has acted incompetently. The court may ask the
complainant or the attorney for additional information prior to making a
determination on the complaint.

(Subd (2) renumbered effective January 1, 2010; adopted as subd (c)
effective August 1, 2002.)

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Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency

(3) If, after reviewing the complaint, the response, and any additional
information, the court, either in writing or at oral hearing, finds that the
attorney acted contrary to the rules or policies of the court or incompetently,
the court shall take appropriate action.

(Subd (3) renumbered effective January 1, 2010; adopted as subd (d)
effective August 1, 2002.)

(4) The court shall notify the attorney and complaining party either in writing
or by oral ruling at a closed hearing of its determination of the complaint.
The court’s determination will be final.

(Subd (4) renumbered effective January 1, 2010; adopted as subd (e)
effective August 1, 2002.)

(Subd (b) amended effective January 1, 2010; adopted effective August 1, 2002.)

(Rule 6.32 amended and renumbered effective January 1, 2010; adopted as Rule 6.2.4
effective August 1, 2002; amended and renumbered as Rule 6.2.3 effective July 1, 2008.)

6.33 PROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF A DEPENDENT CHILD [CRC 5.660]

a. NOTIFICATION TO THE COURT

At any time during the pendency of a dependency proceeding, any interested person
may notify the court that the minor who is the subject of the proceeding may have
an interest or right which needs to be protected or pursued in another judicial or
administrative forum. Notice to the court may be given by the filing of filing a
verified petition or notice of motion specifying the right or interest to be protected.
The person giving notice shall set forth the nature of the interests or right which
needs to be protected or pursued, the name and address, if known, of the
administrative agency or judicial forum in which the right or interest may be
affected and the nature or the proceedings being contemplated or conducted there.

(Subd (a) amended effective January 1, 2010; adopted effective August 1, 2002.)

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PART TWO: Juvenile Dependency

b. If the court determines that further action on behalf of the child is required, the
court shall do one or more of the following:

(1) Authorize the minor’s attorney to pursue the matter on the child’s behalf;

(2) Appoint an attorney for the child if the child is unrepresented;

(3) Notice a joinder hearing pursuant to Section 362(a) compelling the
responsible agency to report to the court with respect to whether it has
carried out its statutory duties with respect to the child;

(4) Appoint a guardian ad litem for the child for the purposes of initiating or
pursuing appropriate action in the other forum(s);

(5) Take any other action the court may deem necessary or appropriate to
protect the welfare, interests and rights of the child.

(Subd (b) amended and relettered effective January 1, 2010; adopted as subd (c)
effective August 1, 2002.)

(Rule 6.33 amended and renumbered effective January 1, 2010; adopted as Rule 6.2.5
effective August 1, 2002; amended and renumbered as Rule 6.2.4 effective July 1, 2008.)

6.34 MOTION TO CHALLENGE LEGAL SUFFICIENCY OF PETITION

a. TIMING OF MOTION

A motion to challenge the legal sufficiency of the petition may be made orally or
in writing at the initial/detention hearing, or at the jurisdictional hearing. A party
may object on the ground that the petition alleges facts which, even if determined
to be true, either are not sufficient to state a cause of action, or are not stated with
sufficient clarity and precision to enable the party to determine what must be
defended against. The court may entertain the objection by oral argument when
made, or may set it for further hearing. No objection in the nature of a special
demurrer to particular allegation shall lie to challenge only certain paragraphs under
a particular subdivision of Welfare and Institutions Code section 300 (i.e. a party
must challenge all allegations under Section §300(b), not merely certain
allegations.)

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Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency

(Subd (a) amended effective January 1, 2010; adopted effective August 1, 2002;
previously amended effective July 1, 2008.)

b. MEMORANDUM OF POINTS AND AUTHORITIES

If the court sets a hearing on the objection, counsel for the moving party may file a
supporting memorandum of points and authorities. To be considered timely, the
memorandum must be filed at least 48 hours before the hearing in the department
where the hearing is scheduled. Petitioner may file a memorandum of points and
authorities in opposition to the objection. To be considered timely, the
memorandum in opposition must be filed by 9 a.m. on the day of the hearing, in the
department where the matter is set for hearing. All memoranda of points and
authorities, whether in support of or in opposition to the objection, must be served
on all other counsel and the petitioner via facsimile.

(Subd (b) adopted effective July 1, 2008.)

c. AMENDING THE PETITION

Petitioner may not amend the petition without leave of court once a written
objection to the sufficiency of the petition has been filed.

(Subd (c) adopted effective July 1, 2008.)

d. OBJECTION TO SUFFICIENCY OF PETITION OVERRULED

If an objection to the sufficiency of a petition is overruled and no admission or
denial has been entered, the court shall allow the admission or denial to be entered
at the conclusion of the hearing, or upon such terms as may be just.

(Subd (d) adopted effective July 1, 2008.)

e. OBJECTION TO SUFFICIENCY OF PETITION SUSTAINED

If the court sustains the objection to the sufficiency of a petition, the court may
grant leave to amend the petition upon any terms as may be just and shall fix the
time within which the amended petition shall be filed. During the time that the
petition is being amended, the minor may continue to be detained if the court finds
that a prima facie case for detention exists.

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Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency

(Subd (e) amended and relettered effective July 1, 2008; adopted as unlettered portion of Rule 6.2.8 effective August 1, 2002.)

(Rule 6.34 amended and renumbered effective January 1, 2010; adopted as Rule 6.2.8 effective August 1, 2002; previously amended and renumbered as Rule 6.2.5 effective July 1, 2008.)

6.35 ACCESS TO MINORS

a. ACCESS TO MINORS PETITIONED PURSUANT TO W& I § 300

No party or attorney in a dependency proceeding shall interview the minor about
the events relating to the allegations in the petition(s) on file without permission of
the minor’s attorney or court order. No party or attorney in a dependency
proceeding shall cause the minor to undergo physical, medical or mental health
examination or evaluation without court approval. This rule does not apply to the
investigating social worker prior to the establishment of jurisdiction.

(Subd (a) amended and relettered effective July 1, 2008; adopted as subd (b)
effective August 1, 2002.)

b. INTERVIEWING MINORS WHO ARE ALLEGED VICTIMS OF CHILD SEXUAL ABUSE

In all dependency matters where there are allegations of child sexual abuse, all
participants and their counsel shall minimize the number of interviews they take of
the minor relating to the events surrounding the alleged abuse.

(Subd (b) amended and relettered effective July 1, 2008; adopted as Subd (c)
effective August 1, 2002.)

(Rule 6.35 amended and renumbered effective January 1, 2010; adopted as Rule 6.2.10
effective August 1, 2002; previously amended and renumbered as Rule 6.2.6 effective July
1, 2008.)

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Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency a. VACATIONS OUT OF SOLANO COUNTY

Permission for a dependent child’s custodian to take the child out of Solano County
for a vacation may be submitted directly to the Court for approval at least five court
days prior to departure. Any attempts to notify the parents and the parents’ position
on the request shall be indicated in the application.

(Subd (a) relettered effective July 1, 2008; adopted as Subd (e) effective August 1,
2002.)

b. NEW SERVICE PLAN REQUIREMENTS

Any significant changes or additions to the service plan for parents or guardians
shall be submitted to them for approval before implementation. A parent or
guardian who disagrees with the new requirements may request a hearing with the
Court on the matter.

(Subd (b) amended effective January 1, 2010; adopted as Subd (f) effective August
1, 2002; relettered effective July 1, 2008.)

c. NOTICE RE CHANGE IN PLACEMENT

In order to ensure that proper notice is received by attorneys for parents and
children of any change in a child’s placement after the original dispositional
hearing:

(1) In non-emergency situations, the Department shall give notice at least three
(3) court days prior to the change in placement.

(2) Prior to removal of a child from one county to another, the Department shall
provide notice at least ten (10) court days unless emergency circumstances
prevent such notice. In emergency circumstances, the Department shall
give notice immediately and in no case later than 48 hours (two court days)
following the child’s change in placement. Notice may be given orally or
in writing.

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Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency

(Subd (c) amended effective January 1, 2010; adopted as portion of Rule 6.2.11 effective August 1, 2002; previously amended effective July 1, 2008.)

(Rule 6.36 amended and renumbered effective January 1, 2010; adopted as Rule 6.2.11 effective August 1, 2002; amended and renumbered as Rule 6.2.7 effective July 1, 2008.)

6.37 COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA)

The court adopts by incorporation into these rules the requirements of Welfare and Institutions Code sections 100 et seq. and 356.5, California Rules of Court, rule 5.655, and the Judicial Council Court-Appointed Special Advocate (CASA) Grant Program Guidelines, which implement the requirements of these statutory provisions. Any grant funds received under the CASA Grant Program shall be administered in accordance with the CASA Grant Program Guidelines.

Pursuant to California Rules of Court, rule 5.655(k)(5), CASA must submit its report to the Clerk of the Juvenile Court at least seven (7) days before each regularly scheduled review following the appointment of the CASA advocate. Copies of the report will be distributed by the Clerk of the Juvenile Court only to the parties or their attorneys of record when represented by counsel at least two (2) court days before the hearing for which the report was prepared. Relatives, de facto parents, foster parents, and service providers are not entitled to receive copies of the CASA reports absent further order of the juvenile court.

(Rule 6.37 amended effective July 1, 2012; adopted as Rule 6.2.13 effective August 1, 2002; previously renumbered as Rule 6.2.8 effective July 1, 2008; previously amended and renumbered effective January 1, 2010.)

6.38 – 6.59 [Reserved]

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Rule 6 – Juvenile Proceedings

PART THREE: Juvenile Delinquency

6.60 RETURN ON BENCH WARRANT

With a minimum of two court days notice to the Juvenile Court, the District Attorney and Probation, counsel for juveniles in Welfare and Institutions Code section 602 proceedings may schedule a return on warrant hearing. If the minor fails to appear at the Return on Bench Warrant hearing, counsel for the juvenile will need permission to re-calendar the matter from the Juvenile Court Judge or their designated staff.

(Rule 6.60 renumbered effective January 1, 2010; adopted as Rule 6.1.9 effective July 1, 2008.)

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Rule 6 – Juvenile Proceedings

APPENDIX

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www.solano.courts.ca.gov 6-21 January 2021

www.solano.courts.ca.gov 6-22 January 2021

www.solano.courts.ca.gov 6-23 January 2021

www.solano.courts.ca.gov 6-24 January 2021

www.solano.courts.ca.gov 6-25 January 2021

www.solano.courts.ca.gov 6-26 January 2021

www.solano.courts.ca.gov 6-27 January 2021

www.solano.courts.ca.gov 6-28 January 2021

www.solano.courts.ca.gov 6-29 January 2021

www.solano.courts.ca.gov 6-30 January 2021

www.solano.courts.ca.gov 6-31 January 2021

www.solano.courts.ca.gov 6-32 January 2021

www.solano.courts.ca.gov 6-33 January 2021

www.solano.courts.ca.gov 6-34 January 2021

www.solano.courts.ca.gov 6-35 January 2021

www.solano.courts.ca.gov 6-36 January 2021

www.solano.courts.ca.gov 6-37 January 2021

www.solano.courts.ca.gov 6-38 January 2021

www.solano.courts.ca.gov 6-39 January 2021

www.solano.courts.ca.gov 6-40 January 2021

www.solano.courts.ca.gov 6-41 January 2021

www.solano.courts.ca.gov 6-42 January 2021

www.solano.courts.ca.gov 6-43 January 2021

www.solano.courts.ca.gov 6-44 January 2021

www.solano.courts.ca.gov 6-45 January 2021

www.solano.courts.ca.gov 6-46 January 2021

www.solano.courts.ca.gov 6-47 January 2021

www.solano.courts.ca.gov 6-48 January 2021

www.solano.courts.ca.gov 6-49 January 2021

www.solano.courts.ca.gov 6-50 January 2021

www.solano.courts.ca.gov 6-51 January 2021

www.solano.courts.ca.gov 6-52 January 2021

www.solano.courts.ca.gov 6-53 January 2021

www.solano.courts.ca.gov 6-54 January 2021

www.solano.courts.ca.gov 6-55 January 2021

www.solano.courts.ca.gov 6-56 January 2021

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Superior Court of California County of Solano

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Superior Court of California County of Solano

Rule 7 – Probate

PART ONE: Probate Proceedings Generally

7.1 SCOPE OF PROBATE RULES; DIRECT CALENDARING

a. MATTERS TO WHICH RULE 7 APPLIES

Except as otherwise provided elsewhere in these rules, these probate rules apply to
all matters governed by the Probate Code, except probate guardianships and probate
conservatorships, which are governed by Rule 15.

(Subd (a) amended effective January 1, 2012; adopted effective July 1, 2009.)

b. DIRECT CALENDARING

When a probate case is filed, or received and filed as a transfer from another county,
the Clerk of the Court shall assign the case in a manner directed by the Supervising
Judge of the Civil Division. The assignment to a judge shall be deemed to be for
all purposes. The method of selection of the judge to be assigned to a case shall be
designed to equally distribute the workload among the judges and best serve the
court.

(Subd. (b) adopted effective January 1, 2012; former subd (b) repealed effective
January 1, 2012.)

(Rule 7.1 amended effective January 1, 2012; adopted effective July 1, 2009; previously
amended effective January 1, 2010.)

7.2 USE OF JUDICIAL COUNCIL FORMS; FORMAT OF PLEADINGS; CALENDARING AND FILING

a. USE OF JUDICIAL COUNCIL FORMS

Printed forms of petitions, orders and other documents which have been adopted or
approved by the Judicial Council shall be used in all cases where applicable.

(Subd (a) adopted effective July 1, 2009; previously adopted as unlettered portion
of Rule 7.1 effective July 1, 1988.)

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

b. FORMAT OF PLEADINGS

Petitions, orders and other documents for which there is no available form approved
by the Judicial Council shall conform to the requirements of the California Rules
of Court, rules 2.100-2.119.

(Subd (b) adopted effective July 1, 2009; previously adopted as unlettered portion
of Rule 7.1 effective July 1, 1988.)

c. NOTICES OF UNAVAILABILITY OF COUNSEL

The court shall not accept for filing a "Notice of Unavailability of Counsel" or other
document or pleading whose sole purpose is to advise the court and/or other parties
of an attorney's or party's unavailability. (Carl v. Superior Court of Orange County
(2007) 157 Cal.App.4th 73.)

(Subd (c) adopted effective July 1, 2009; previously adopted as unlettered portion
of Rule 7.1 effective July 1, 1988.)

d. CALENDARING

Counsel and self-represented parties may contact the calendaring clerk to reserve a
hearing date on a petition, motion, or other moving paper. Reservation of a
calendar date does not place the matter on the court’s calendar. Except for matters
brought ex parte, petitions, motions, and other moving papers shall not be
calendared for hearing until the moving party files either a Notice of Hearing
(Judicial Council form DE-120) or a Notice of Petition to Administer Estate
(Judicial Council form DE-121). The applicable form must be filed within three
court days of reserving the date; otherwise, the date reserved will be canceled.

(Subd (d) amended effective January 1, 2019; adopted effective July 1, 2010;
amended effective January 1, 2012.)

e. FILING

All petitions concerning trusts shall be filed at least 30 days prior to the desired or
scheduled hearing date. All petitions concerning non-trust matters shall be filed at
least 15 days prior to the desired or scheduled hearing date.

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

Motions, responses to motions, and replies to responses shall be filed as required by the Code of Civil Procedure. For purposes of this rule, the term “motion” refers to requests for relief outside the Probate Code, including but not limited to discovery motions, demurrers, motions for summary judgment, motions for judgment on the pleadings, motions to tax or strike costs, and motions to enforce settlements per Code of Civil Procedure section 664.6.

The applicable filing fee for a particular document is governed by the document’s content and the relief requested (if any), not its caption.

(Subd. (e) amended effective January 1, 2019; adopted effective January 1, 2012.)

(Rule 7.2 amended effective January 1, 2019; adopted as Rule 7.1 effective July 1, 1988; previously amended effective January 1, 2009; previously amended and renumbered effective July 1, 2009; amended effective July 1, 2010 and January 1, 2012.)

7.3 SIGNATURES AND VERIFICATION OF PLEADINGS

Petitions, reports and accounts, as well as objections or responses to petitions, reports and accounts, shall be verified as required by Probate Code section 1020 et seq. Supplements and amendments to pleadings shall be verified in the same manner as the pleading being supplemented or amended. The verification shall be included as part of the pleading at the time the pleading is filed.

(Rule 7.3 amended effective January 1, 2019; adopted as Rule 7.2 effective July 1, 1988; previously amended effective July 1, 1989; amended and renumbered effective July 1, 2009.)

7.4 BONDING OF PERSONAL REPRESENTATIVE

a. INCREASES IN BONDS

When a bond must be increased, the court will ordinarily require the filing of an
additional bond rather than a substitute bond.

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

b. DECREASES IN BONDS

When the bond may be decreased, the court will ordinarily require an order
decreasing the liability on the existing bond rather than the filing of a substitute
bond. All petitions for reduction of bond must be filed and set for a noticed hearing.
A petition to reduce bond shall not be granted ex parte.

c. WAIVER OF BOND

Absent extenuating circumstances, the court will not accept a waiver of bond signed
by a parent or guardian on behalf of a minor child if that parent or guardian is
seeking appointment as or has been appointed as personal representative of an
estate of which the minor child is an heir or beneficiary.

Absent extenuating circumstances, the court will not accept a waiver of bond signed
by a conservator on behalf of a conservatee if that conservator is seeking
appointment as or has been appointed as personal representative of an estate of
which the conservatee is an heir or beneficiary.

(Rule 7.4 amended effective January 1, 2019; adopted as Rule 7.6 effective July 1, 1988;
previously amended effective July 1, 1989; amended and renumbered effective July 1,
2009.)

7.5 DECLINATION OF NOMINATED EXECUTOR

If the person petitioning for letters is not the nominated executor in the decedent’s will, it is insufficient to allege merely that the nominated executor declines to act as such. The petitioner must either (1) attach to the petition a written declination to act as executor, signed by the nominated executor, or (2) include in the petition sufficient facts demonstrating that the nominated executor should be held to have waived his or her right to appointment per Probate Code section 8001. Any such nominated executor must receive notice of the petition per Probate Code section 8110.

(Rule 7.5 amended and renumbered effective July 1, 2009; adopted as Rule 7.7 effective July 1, 1988.)

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

7.6 NOTICES

Several Probate Code sections require the Clerk of the Court to "cause notice of the hearing to be mailed." The Clerk fulfills this function by requiring a party or a party’s counsel to do the mailing. Therefore, the party or the party’s counsel is charged with this duty.

(Rule 7.6 amended and renumbered effective July 1, 2009; adopted as Rule 7.10 effective July 1, 1988; previously amended effective July 1, 1989.)

7.7 CONTINUANCES

a. PROCEDURE TO OBTAIN CONTINUANCE

No matter shall be continued unless the department of the court to which the matter
is assigned approves of the continuance date.

If the proposed continuance is by stipulation, the stipulation shall be submitted to
the court for review and approval of the proposed continuance date. If the proposed
continuance date is approved, an amended Notice of Hearing (Judicial Council
form DE-120) with the new hearing date may thereafter be submitted for filing. A
copy of the stipulation shall be submitted to the calendar clerk concurrently with
the amended Notice of Hearing, along with all appropriate filing fees.

If the proposed continuance is not by stipulation, the continuance shall be requested
either through a notice of motion or through the ex parte process as set forth in local
rule 7.10. If the proposed continuance date is approved, an amended Notice of
Hearing (Judicial Council form DE-120) with the new hearing date may thereafter
be submitted for filing. A copy of the court’s order granting the continuance shall
be submitted to the calendar clerk concurrently with the amended Notice of
Hearing, along with all appropriate filing fees.

Unless the continuance was ordered by the court on its own motion, a Notice of
Hearing is not sufficient, in and of itself, to cause the recalendaring of a hearing.

(Subd (a) amended effective January 1, 2013; adopted effective July 1, 2009.)

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

b. CONTINUANCE OF HEARING AFTER ANNOUNCEMENT OF PREGRANT ORDER

No probate matters will be continued after announcement of a pregrant thereon,
except by order of the court for good cause.

(Subd (b) adopted effective July 1, 2009.)

(Rule 7.7 amended effective January 1, 2013; adopted effective July 1, 2009; previously
amended January 1, 2013.)

7.8 PROBATE NOTES AND PREGRANTS IN PROBATE MATTERS

Probate notes on selected probate matters will be available approximately one week prior to the scheduled hearing date. The availability of probate notes may fluctuate depending on the court’s calendars and staffing availability. Probate notes are available by signing onto the court’s web site at www.solano.courts.ca.gov and selecting the link for “Probate Notes and Pre-grants” (next to “Tentative Rulings”).

Pregrant orders are the court’s tentative rulings on decedent estates, trusts, and miscellaneous probate petitions. Pregrant orders are not posted for conservatorship or guardianship matters or for ex parte applications. A pregrant order on a probate matter will be available after 2:00 p.m. on the court day immediately preceding the scheduled hearing by signing onto the court’s web site at 2Hwww.solano.courts.ca.gov and selecting the link for “Probate Notes and Pre-grants” (next to “Tentative Rulings”) or by telephoning the court at (707) 207-7331.

(Rule 7.8 amended effective January 1, 2019; adopted effective July 1, 2009; previously amended effective January 1, 2010, January 1, 2012, and January 1, 2016.)

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Superior Court of California County of Solano

Rule 7 – Probate

PART ONE: Probate Proceedings Generally a. HEARINGS WHERE APPEARANCE NOT REQUIRED

Those matters which by law may be determined upon verification and without
testimony shall be submitted for appropriate action by the court without appearance
by counsel or witnesses, provided that counsel or the petitioning party accomplish
both of the following:

(1) All declarations, affidavits, consents, waivers, proposed orders and other
necessary papers shall be filed with the Clerk of the Court no later than four
full court days prior to the hearing.

(2) The verified petition or an accompanying affidavit signed by the petitioner
or by the personal representative or by counsel of record for either of said
persons shall set forth the information necessary to establish the amount of
bond, if one is required.

All probate matters shall be non-appearance except as stated in Solano County
Local Rules, rule 7.9, subdivision (b), or where an appearance is required by the
court.

(Subd (a) amended effective July 1, 2009; adopted effective July 1, 1989; previously
amended effective January 1, 2009.)

b. HEARINGS WHERE APPEARANCE IS REQUIRED

Subdivision (a) shall not apply and personal appearance by the parties and/or
counsel shall be required in the following cases:

(1) Contested matters.

(2) Proof of holographic wills, if the petitioner did not previously submit proof
of the admissibility of each testamentary document to probate or if an
appearance is specially required by the hearing judge.

(3) Petitions for court confirmation of sales of property.

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

(4) Any non-routine matter which by law requires the personal appearance of
any person.

(Subd (b) amended effective July 1,2009; adopted effective July 1, 1989; previously
amended effective January 1, 2009.)

c. TELEPHONIC APPEARANCE

Telephonic appearance will be permitted when authorized by California Rule of
Court, rule 3.670 and Solano County Local Rules, rule 4.12(h), if the party seeking
to appear telephonically has also complied with the notice requirements set forth in
those rules, and subject to the exceptions set forth in those rules and the court's
discretion to require personal appearances.

(Subd (c) amended effective January 1, 2010; amended and relettered effective July
1, 2009; adopted as subd (d) of Rule 7.11 effective July 1, 1989; previously
amended effective January 1, 2009.)

(Rule 7.9 amended effective January 1, 2010; amended and renumbered effective July 1,
2009; adopted as Rule 7.11 effective July 1, 1989.)

7.10 EX PARTE APPLICATIONS

a. NOTICE ON EX PARTE PETITIONS

(1) Unless otherwise ordered by the court, a party seeking ex parte relief shall
provide notice of the application for ex parte relief to all individuals entitled
to notice by 10:00 a.m. on the court day prior to the ex parte appearance.

(2) All applications for ex parte orders must contain a statement on special
notices. If there are no requests for special notice on file presently in effect,
the statement shall so state. If there are one or more requests for special
notice on file that have not been withdrawn, the statement shall list the
parties requesting special notice.

(3) If a person entitled to notice has waived notice of the ex parte application,
the waiver shall be filed with the court concurrently with the moving papers.

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

(Subd (a) amended effective January 1, 2018; adopted effective July 1, 2009;
previously adopted as subd (c) of former Rule 7.11 effective July 1, 1989.)

b. WAIVER OF NOTICE
A party seeking to dispense with notice for a particular individual for whom notice
has not yet been waived shall file a request to dispense with notice concurrently
with the ex parte application. The request shall set forth sufficient evidentiary facts
supporting the request. For individuals who cannot be located, the party shall file
a declaration of due diligence in compliance with California Rules of Court, rule
7.52, prior to the ex parte appearance.
(Subd (b) amended effective January 1, 2018; adopted effective July 1, 2009.)

c. EX PARTE PROCEDURE
Ex parte matters will be heard upon appointment scheduled directly with the
designated department. The date and time of the ex parte hearing must be
confirmed with the designated department prior to the moving party giving
notice of the hearing. For purposes of this rule, the designated department is the
department already assigned to the case, or, if the case has not yet been assigned
to a department or judicial officer, the designated department is the department
assigned by the Supervising Judge.
Unless otherwise expressly authorized by law, a party requesting ex parte relief
related to law and motion matters shall file the underlying motion prior to or
contemporaneously with filing of the ex parte application. The ex parte application
shall comply with California Rules of Court, rules 3.1200-3.1207.
A request to schedule an ex parte hearing may be summarily denied without hearing
when the request fails to meet the criteria set forth in California Rules of Court,
rules 3.1200-3.1207. Ex parte applications submitted to seek scheduling relief from
court setting guides or caps, but which do not otherwise seek relief from the Code
of Civil Procedure or California rules of Court, may be summarily granted without
a hearing.
An ex parte hearing shall be conducted only following the filing of the ex parte
application and supporting paperwork, any underlying related motion, and proof of

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

satisfaction of any filing fees. Prior to commencement of the hearing, the

moving party shall file a declaration under penalty of perjury confirming that notice was provided to the opposing side, including the date, time, manner and name of any party so informed, and proof of service of any applicable papers.

(Subd (c) amended effective January 1, 2021; adopted effective July 1, 2009; previously amended effective January 1, 2018.)

(Rule 7.10 amended effective July 1, 2020; adopted effective July 1, 2009; previously amended effective January 1, 2018.)

7.11 DISCOVERY

a. INFORMAL DISCOVERY CONFERENCES

The procedure set forth in Local Rule 3.14 shall apply to informal discovery
conferences brought in proceedings governed by Rule 7.

(Rule 7.11 adopted effective July 1, 2018; former Rule 7.11 renumbered as Rule 7.50
effective July 1, 2018.)

7.12 – 7.49 [RESERVED]

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Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

7.50 APPOINTMENT OF SPECIAL ADMINISTRATOR

Except upon a showing of good cause for dispensing with notice, petitions for special letters of administration will not ordinarily be granted without the petitioning party giving notice in compliance with Probate Code section 8003 and 8110. Applications for special letters of administration may be requested ex parte, provided the application is prepared and submitted in compliance with Solano County Local Rules, rule 7.10, and California Rules of Court, rule 7.55.

(Rule 7.50 renumbered effective July 1, 2018; adopted as Rule 7.14 effective July 1, 1988; previously amended effective July 1, 1989; amended and renumbered as Rule 7.11 effective July 1, 2009; former Rule 7.50 renumbered as Rule 7.100 effective July 1, 2018.)

7.51 INFORMATION TO BE CONTAINED IN PETITIONS FOR APPOINTMENT OF PERSONAL REPRESENTATIVE

a. INFORMATION TO BE INCLUDED WITH THE PETITION

Any petition seeking appointment of a personal representative shall contain the
following information:

(1) If the heir is a minor, the heir’s date of birth.

(2) The name of any and all nominated trustees of a trust created by the will.

(3) The name of any and all trustees and beneficiaries of an inter vivos trust
created by the decedent and that is in existence at the time of the decedent’s
death.

(4) The name of any and all trustees of a special needs or other trust created to
benefit the decedent and that is in existence at the time of the decedent’s
death.

(Subd (a) amended effective January 1, 2019; adopted effective July 1, 2009.)

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Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

b. INFORMATION CONCERNING A DECEASED BENEFICIARY

In addition to the information required in Rule 7.51(a), information concerning a
deceased beneficiary shall be included in the petition as follows:

(1) If an heir or beneficiary dies before the decedent, that person should be
listed with the notation that he or she is predeceased, and date of death. No
notice need be given to the successors in interest of the predeceased person
unless that person's interest has not lapsed by reason of death, in which case,
notice should be given in the same manner as for the postdeceased heir or
beneficiary.

(2) If an heir or beneficiary dies after the decedent, that post-deceased person's
name should be listed with the notation "deceased" and the person’s date of
death. If a personal representative has been appointed for that person’s
estate, the postdeceased heir or beneficiary should be listed in care of the
name and address of the personal representative. If no personal
representative has been appointed, that fact should be alleged, and notice
given to the last known address of the postdeceased heir or beneficiary.

(3) If a named beneficiary predeceased the decedent or did not survive the
decedent for the designated survival period, that fact must be stated,
together with the actual or approximate date of death.

(Subd (b) amended effective January 1, 2019; adopted effective July 1, 2009.)

c. COPY OF TRUST

Where notice is required to be given pursuant to Probate Code section 1208(b)
(such as where a trust is a beneficiary of a decedent’s estate), the petitioner shall
file separately from the petition a true and correct copy of the trust, including any
amendments, disclaimers, and any directions or instructions to the trustee that affect
the disposition of the trust. Said document(s) shall be filed as a confidential
document and shall not be released to any party except by court order.

(Subd (c) amended effective January 1, 2019; adopted effective January 1, 2018.)

(Rule 7.51 amended effective January 1, 2019; adopted as Rule 7.15 effective July 1, 1988;
amended and renumbered as Rule 7.12 effective July 1, 2009; amended effective January

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1, 2018; renumbered as rule 7.51 effective July 1, 2018; former Rule 7.51 renumbered as Rule 7.101 effective July 1, 2018.)

7.52 PREPARATION OF ORDERS

a. PROPOSED ORDERS SUBMITTED PRIOR TO HEARING

Proposed orders shall be prepared by the petitioner’s attorney of record or the
petitioner, if unrepresented, and shall be submitted at least four court days prior to
the hearing.

(Subd (a) amended effective January 1, 2019; adopted effective July 1, 2009.)

b. MATERIAL TO BE INCLUDED IN PROBATE ORDERS

All orders in probate matters must be complete in and of themselves, so that their
effect may be understood without reference to the underlying petition. The order
shall set forth all matters actually passed on by the court, the relief granted, and the
names of persons and descriptions of property or amounts of money affected with
the same particularity required of judgments in civil matters. The court will not
approve orders that merely recite that the petition as presented is granted or
incorporate by reference the relief sought in the petition. However, in orders
settling accounts, the court will ordinarily approve general language approving the
account, the report, and the acts reflected therein. With the exception of attached
schedules, no written matter shall appear after the judicial officer’s signature line.

(Subd (b) amended effective January 1, 2019; previously adopted as unlettered
portion of Rule 7.19 effective July 1, 1988; adopted effective July 1, 2009.)

(Rule 7.52 amended effective January 1, 2019; adopted as Rule 7.18 effective July 1, 1988;
amended and renumbered as Rule 7.13 effective July 1, 2009; renumbered as Rule 7.52
effective July 1, 2018; former Rule 7.52 renumbered as Rule 7.102 effective July 1, 2018.)

7.53 INTEREST ON FUNERAL AND INTERMENT CLAIMS

When accrued interest has been paid on delayed payment of claims for the reasonable costs of funeral expenses, a specific allegation must be made in the report accompanying the

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account in which credit has been taken for such payment, setting forth reasons for any delay in payment. The court will not allow credit for payment of interest when the delay in payment of the claims is not justified by the facts set forth. Interest for funeral and interment claims will be allowed only as provided by Health and Safety Code section 7101.

(Rule 7.53 renumbered effective July 1, 2018; adopted as Rule 7.21 effective July 1, 1988; amended and renumbered as Rule 7.14 effective July 1, 2009; former Rule 7.53 renumbered as Rule 7.103 effective July 1, 2018.)

7.54 REAL ESTATE IN INVENTORY AND APPRAISAL

If a decedent’s estate contains real property, the inventory and appraisal shall identify that property by its address and shall include a legal description of the property. If the parcel is unimproved, the inventory must so state.

(Rule 7.54 renumbered effective July 1, 2018; adopted as Rule 7.23 effective July 1, 1988; amended effective July 1, 1989; amended and renumbered as Rule 7.15 effective July 1, 2009; former Rule 7.54 renumbered as Rule 7.104 effective July 1, 2018.)

7.55 CASH DEPOSIT

A minimum cash deposit of ten percent (10%) of the purchase price (unless the loan proceeds exceed 90% of the purchase price), shall be deposited in escrow ten days prior to the confirmation of sale hearing date, and written verification of said deposit shall be filed with the court five (5) days prior to the confirmation of sale hearing date.

(Rule 7.55 renumbered effective July 1, 2018; adopted as Rule 7.24 effective July 1, 1988; previously amended effective July 1, 1989; renumbered as Rule 7.16 effective July 1, 2009; former Rule 7.55 renumbered as Rule 7.105 effective July 1, 2018.)

7.56 SECOND DEEDS OF TRUST

The court will approve the taking of a promissory note secured by a second deed of trust upon a showing that it serves the best interests of the estate.

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(Rule 7.56 renumbered effective July 1, 2018; renumbered as Rule 7.17 effective July 1, 2009; former Rule 7.56 renumbered as Rule 7.106 effective July 1, 2018.).)

7.57 EARNEST MONEY DEPOSIT BY OVERBIDDER

When a sale is confirmed to an overbidder, the overbidder must submit at the time of the hearing a certified or cashier's check in the amount of ten percent (10%) of the bid.

(Rule 7.57 renumbered effective July 1, 2018; adopted as Rule 7.26 effective July 1, 1988; renumbered as Rule 7.18 effective July 1, 2009.)

7.58 APPEARANCES OF COUNSEL

In petitions for confirmation of sales of real estate and for sales of personal property where bidding is authorized, the court will ordinarily not proceed with the confirmation of the sale in the absence of the petitioner’s attorney, if the petitioner is represented. Where the personal representative, guardian or conservator is present and requests that the sale proceed, the court may do so, in its discretion.

(Rule 7.58 renumbered effective July 1, 2018; adopted as Rule 7.27 effective July 1, 1988; previously amended effective July 1, 1989; amended and renumbered as Rule 7.19 effective July 1, 2009.)

7.59 CONDITIONAL SALES OF REAL PROPERTY

The court will ordinarily not approve a sale of real property which is conditioned upon the occurrence of a subsequent event (such as change in zoning or obtaining approval from an environmental control board). However, if unusual and extraordinary circumstances exist and the necessity and advantage to the estate are set forth in detail, the court may approve such a sale.

(Rule 7.59 renumbered effective July 1, 2018; adopted as Rule 7.30 effective July 1, 1988; amended and renumbered as Rule 7.20 effective July 1, 2009.)

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PART TWO: Probate Proceedings Other Than Trusts a. IMPROVED REAL PROPERTY

An agent or broker’s commission on the sale of improved real property shall not
exceed six percent (6%). A copy of an executed broker's agreement shall be
attached to the petition for confirmation of sale.

(Subd (a) amended effective July 1, 2009; adopted effective July 1, 1988; previously
amended effective July 1, 1989.)

b. UNIMPROVED REAL PROPERTY

An agent or broker’s commission on the sale of unimproved or raw real property
shall not exceed ten percent (10%). A copy of an executed broker's agreement shall
be attached to the petition for confirmation of sale.

(Subd (b) amended effective July 1, 2009; adopted effective July 1, 1988; previously
amended effective July 1, 1989.)

c. BROKER COMMISSIONS IN OVERBID SITUATIONS

Broker commissions in overbid situations are governed by Probate Code section
10160 et seq.

(Subd (c) amended effective July 1, 2009; adopted effective July 1, 1988; previously
amended effective July 1, 1989.)

(Rule 7.60 renumbered effective July 1, 2018; adopted as Rule 7.31 effective July 1, 1988;
previously amended effective July 1, 1989; amended and renumbered as Rule 7.21 effective
July 1, 2009.)

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7.61 STATUTORY COMPENSATION FOR PERSONAL REPRESENTATIVE AND ATTORNEY FEES

a. INCLUSION OF COMPUTATION IN PETITION

The computation in Rule 7.61, subsection (b), must be made regardless of the
estate’s value and even though an accounting has been waived. For estates worth
in excess of $25,000,000.00 (twenty-five million dollars), the court shall determine
the reasonable amount of compensation.

(Subd (a) adopted effective July 1, 2009.)

b. FORMAT OF REQUEST FOR STATUTORY COMPENSATION AND ATTORNEY FEES

The basis for statutory compensation and attorney fees requested shall be set out in
the body of the petition for distribution or on a separate schedule as required per
California Rules of Court, rule 7.705.

(Subd (b) adopted effective July 1, 2009; previously adopted as unlettered portion
of Rule 7.36 effective July 1, 1988.)

(Rule 7.61 amended and renumbered effective July 1, 2018; adopted as Rule 7.36 effective
July 1, 1988; amended and renumbered as Rule 7.22 effective July 1, 2009.)

7.62 PARTIAL ALLOWANCE OF STATUTORY COMPENSATION OR ATTORNEY FEES

a. COURT ORDER REQUIRED

A personal representative may not pay an advance on statutory compensation or
attorney fees without prior court order. Petitions for an advance of statutory
compensation or attorney fees may not be brought ex parte.

(Subd (a) adopted effective July 1, 2009.)

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b. REQUIREMENT OF INVENTORY AND APPRAISAL; ACCOUNTS

Notwithstanding Probate Code section 10830, the court shall not consider a petition
seeking an advance of statutory compensation or attorney fees unless the personal
representative’s Inventory and Appraisal is filed prior to or concurrently with the
petition. The court prefers that attorney fees not be requested until the first account
has been filed.

(Subd (b) adopted effective July 1, 2009.)

c. AMOUNT OF STATUTORY COMPENSATION OR ATTORNEY FEES PERMITTED AS
AN ADVANCE

Any allowance for statutory compensation or attorney fees will be made in
accordance with the work actually performed. Where no accounting is filed, the
allowance may not exceed 50% of the statutory compensation computed upon the
total value appearing in the inventories filed to that time. Where an accounting is
filed, the allowance may not exceed 75% of the statutory compensation so
computed.

(Subd (c) amended and relettered effective July 1, 2009; adopted as unlettered
portion of Rule 7.37 effective July 1, 1988.)

d. APPORTIONMENT OF FEES FOR SUCCESSIVE ATTORNEYS

Except in a case in which there is an agreement in writing on apportionment, where
the personal representative has been represented by successive attorneys, fees will
not ordinarily be apportioned to a prior attorney for the personal representative until
the final accounting has been approved.

(Subd (d) amended and relettered effective July 1, 2009; adopted as unlettered
portion of Rule 7.37 effective July 1, 1988.)

(Rule 7.62 renumbered effective July 1, 2018; adopted as Rule 7.37 effective July 1, 1988;
previously amended effective July 1, 1989; amended and renumbered as Rule 7.23 effective
July 1, 2009.)

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7.63 APPORTIONMENT OF STATUTORY COMPENSATION BETWEEN TWO OR MORE PERSONAL REPRESENTATIVES

If the statutory compensation is to be divided among co-personal representatives, the petition shall set out facts upon which the court can base the apportionment.

(Rule 7.63 renumbered effective July 1, 2018; adopted as Rule 7.38 effective July 1, 1988; amended and renumbered as Rule 7.24 effective July 1, 2009.)

7.64 EXTRAORDINARY COMPENSATION FOR PERSONAL REPRESENTATIVE; EXTRAORDINARY ATTORNEY FEES

a. CONTENTS OF PETITIONS OR DECLARATIONS FOR EXTRAORDINARY
COMPENSATION OR FEES

All applications for extraordinary compensation for the personal representative's
services and for extraordinary attorney's fees must be supported by a statement of
facts in the petition or in a separate declaration. The statement of facts shall be fully
compliant with California Rules of Court, rule 7.702. Records of time spent, such
as billing statements or time logs, are not generally adequate in and of themselves
to support extraordinary fees.

(Subd (a) amended effective January 1, 2019; adopted as unlettered portion of Rule
7.39 effective July 1, 1988; amended and relettered effective July 1, 2009.)

b. FACTORS THAT WILL NOT SUPPORT A REQUEST FOR EXTRAORDINARY
COMPENSATION OR FEES

In the absence of special circumstances or problems articulated in the statement of
facts filed per California Rules of Court, rule 7.702, the routine conduct of any
proceeding relating to the collection of assets, processing of claims, conduct of
estate administration or distribution will not justify an extraordinary fee.
(Subd (b) amended effective January 1, 2019; adopted as unlettered portion of Rule
7.39 effective July 1, 1988; amended and relettered effective July 1, 2009.)

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(Rule 7.64 amended effective January 1, 2019; adopted as Rule 7.39 effective July 1, 1988; amended and renumbered as Rule 7.25 effective July 1, 2009; renumbered as Rule 7.64 effective July 1, 2018.)7.65 DISTRIBUTIVE CONTINGENCIES

If the right of a beneficiary to distribution of part of the estate is dependent upon the occurrence of an event (e.g., death of a parent), the petition must allege the occurrence of that event and the order must contain a finding of the occurrence of that event.

(Rule 7.65 renumbered effective July 1, 2018; adopted as Rule 7.41 effective July 1, 1988; renumbered as Rule 7.26 effective July 1, 2009.)

7.66 CONTENTS OF PETITION AND ORDER FOR PARTIAL OR FINAL DISTRIBUTION

a. WHEN PROPOSED ORDER REQUIRED

The proposed order for distribution shall be filed with any petition for partial or
final distribution.

(Subd (a) amended effective January 1, 2019; adopted as unlettered portion of Rule
7.42 effective July 1, 1988; amended and relettered effective July 1, 2009.)

b. DESCRIPTION OF PROPERTY TO BE DISTRIBUTED

The distribution of property must be separately stated in detail in both the petition
and the order, listing a description of the property to be distributed under the name
of each heir or beneficiary. Real estate shall be legally described and each
property’s street address, if any, shall be included. The order must be complete in
and of itself. Description by reference to the inventory is not acceptable. In both
the petition and order for distribution, the distribution schedule shall include a
summary showing the value of the estate distributed to each heir or beneficiary and
the total estate distributed. If any heirs or beneficiaries previously received an early
distribution, the petition and the order shall so state.

(Subd (b) amended effective January 1, 2019; amended and relettered effective July
1, 2009; adopted as unlettered portion of Rule 7.42 effective July 1, 1988; amended
effective January 1, 2010.)

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c. TRACING REQUIRED FOR INTESTATE DECEDENT

If an intestate decedent who survived their spouse leaves no issue, the applicability
of Probate Code Section 6402.5 must be alleged and the necessary tracing must be
carried out as far as possible.

(Subd (c) amended effective January 1, 2019; adopted as unlettered portion of Rule
7.42 effective July 1, 1988; amended and relettered effective July 1, 2009.)

d. OTHER ITEMS TO BE INCLUDED IN THE PETITION AND DECREE

(1) A petition and any order for distribution shall include the names and
addresses of all persons who are present and future distributees of the estate,
and shall indicate whether each person listed is an adult or a minor. In all
cases where a minor is a distributee, the minor’s age and birth date must be
stated in the petition and the decree for distribution.

(Subd (1) adopted effective January 1, 2010.)

(2) If distribution will not be made directly to the heir or beneficiary, the name,
address and fiduciary capacity of the recipient must be stated in the petition
and the decree for distribution. If distribution is to be made to an assignee
of an heir or beneficiary, a copy of the assignment and the terms thereof
must be on file.

(Subd (2) amended effective January 1, 2019; adopted effective January 1,
2010; amended effective January 1, 2013.)

(3) If a reserve is sought, the petition for final distribution must specifically set
forth the proposed use for the retained funds (e.g., income taxes, closing
costs, property tax assessments, etc.).

(Subd (3) adopted effective January 1, 2013.)

(Subd (d) amended effective January 1, 2019; adopted effective January 1, 2010
amended effective January 1, 2013.)

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e. ACCOUNTING FOR RESERVE

If an order for final distribution of an estate of a decedent or trust includes a reserve
of $5,000 or more, an informal accounting of the reserve shall be attached to the Ex
Parte Petition for Final Discharge (Judicial Council form DE-295). The court in its
discretion may set the request for discharge for hearing and require notice. The
court may also impose the informal accounting requirement on reserves below
$5,000.

(Subd (e) adopted effective January 1, 2018.)

(Rule 7.66 amended effective January 1, 2019;adopted as Rule 7.42 effective July 1, 1988;
previously amended effective July 1, 1989; amended and renumbered as Rule 7.27 effective
July 1, 2009; amended effective January 1, 2010, January 1, 2013, and January 1, 2018;
renumbered as Rule 7.66 effective July 1, 2018.)

7.67 DISTRIBUTIONS TO TRUSTS

a. DISTRIBUTIONS TO TESTAMENTARY TRUSTS

The provisions of an order for distribution establishing a testamentary trust shall
include all of the terms of the will relating to the trust. Per California Rules of Court,
rule 7.650, the provisions of the trust shall be stated in the present tense and in the
third person, and shall not quote the will verbatim. If a trust beneficiary will receive
distribution upon reaching a specific age, the petition for distribution and order
thereon must state the age and birthdate of the beneficiary.

(Subd (a) amended effective January 1, 2019; adopted as unlettered portion of Rule
7.43 effective July 1, 1988; amended and relettered effective July 1, 2009; amended
effective January 1, 2010.)

b. DISTRIBUTIONS TO INTER VIVOS TRUSTS

An order for distribution which distributes assets to an inter vivos trust shall name
the trust and specify the name of the trustee to receive the assets. The order for
distribution shall not be approved absent a declaration by the trustee that he or she
has in fact accepted the trust. The order for distribution for a decedent’s estate shall

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not name as beneficiaries of the estate in the distribution plan any beneficiaries who are entitled to distributions from the trust.

(Subd (b) amended effective January 1, 2019; adopted effective July 1, 2009.)

(Rule 7.67 amended effective January 1, 2019; adopted as Rule 7.43 effective July 1, 1988; amended and renumbered as Rule 7.28 effective July 1, 2009; amended effective January 1, 2010; renumbered effective July 1, 2018.)

7.68 JOINT TENANCY ASSETS

In the absence of prior court determination or authorization, joint tenancy assets of the decedent and a person other than the decedent’s spouse should not be inventoried as assets of the probate estate. However, an asset held in joint tenancy between the decedent and the decedent’s spouse, or former spouse in appropriate cases, shall be inventoried if there is an unadjudicated allegation that the asset is in fact community property. A notation concerning the allegation shall be included in all inventory and appraisals until the asset’s characterization is determined.

(Rule 7.29 amended and renumbered effective July 1, 2009; adopted as Rule 7.49 effective July 1, 1988; former Rule 7.29, which concerned increased bid forms, repealed effective July 1, 2009.)

7.69 PERSONAL REPRESENTATIVE COMPENSATION AND ATTORNEY FEES IN CONNECTION WITH TERMINATION OF A JOINT TENANCY OR HANDLING OF OTHER NONPROBATE ASSETS

Assets that pass outside of probate are outside the court’s jurisdiction. Therefore, a
personal representative or his or her attorney shall not request payment from a probate
estate for work done concerning joint tenancy assets or other nonprobate assets, and any
request for such relief shall be denied. However, this rule does not prevent a request for
extraordinary fees where the termination of joint tenancy with a previously deceased joint
tenant is necessary to clear title to property in the decedent's estate.

(Rule 7.69 renumbered effective July 1, 2018; adopted as Rule 7.50 effective July 1, 1988;
amended and renumbered as Rule 7.30 effective July 1, 2009.)

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7.70 COURT INVESTIGATOR FEES FOR INVESTIGATION OF PETITION FOR PARTICULAR TRANSACTION

Pursuant to Probate Code section 3140, the court may, in its discretion, appoint a court investigator to evaluate a petition for a proposed transaction involving an incapacitated spouse’s community property and report to the court regarding the transaction’s advisability. Appointment of a court investigator for such an investigation shall result in an assessment against the petitioning party for the costs of the investigation. The fee amount is determined by the court on an annual basis and is subject to change. The assessed fee is payable within 30 days after the Assessment and Order for Payment is mailed by the Court Investigators Office.

(Rule 7.70 renumbered effective July 1, 2018; adopted as Rule 7.31 effective July 1, 2009.)

7.71 WAIVERS OF ACCOUNT

Any waiver of account presented under Probate Code 10954 shall be filed using either the local form adopted for that purpose or a pleading containing the same information as the local form.

A waiver of account may be filed prior to or concurrently with a petition for distribution (whether preliminary or final) or with a status report. The court will not accept a waiver of account for a personal representative signed or filed prior to that personal representative’s appointment.

(Rule 7.71 adopted effective January 1, 2019; former Rule 7.71 renumbered as Rule 7.74 effective January 1, 2019.)

7.72 REIMBURSEMENT OF EXPENSES OF ESTATE ADMINISTRATION

a. EXPENSES THAT MAY BE REIMBURSED

The following may be reimbursed to a personal representative and/or a personal
representative’s counsel as expenses of administration:

(1) Court filing fees and other court costs;

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(2) Newspaper publication fees;

(3) Surety bond premium;

(4) Probate referee appraisal fees; and,

(5) Other expenses specifically approved by the court.

b. EXPENSES THAT MAY NOT BE REIMBURSED

Unless the requesting party demonstrates extraordinary circumstances, the
following will not ordinarily be reimbursed to a personal representative and/or a
personal representative’s counsel as expenses of administration:

(1) Secretarial and word processing time;

(2) Computer time, including expenses incurred in performing computerized
legal research;

(3) Local telephone calls;

(4) Facsimile transmissions;

(5) Local mileage and parking;

(6) Postage, including fees for delivery by a parcel service;

(7) Photocopies; and,

(8) Travel and meals.

(Rule 7.72 renumbered effective July 1, 2018; adopted as Rule 7.33 effective January 1,
2013; previously amended effective January 1, 2018.)

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(1) If a Spousal Property Petition seeks to confirm and/or transfer property
alleged to be community property or quasi-community property in whole
or in part, the petitioner shall comply with the requirements in this rule.

(2) Notwithstanding (1), supra, the requirements of subdivision (b) shall not
apply if:

(a) The entire estate of the decedent passes to the surviving spouse
under a will or pursuant to interstate succession; and,

(b) One of the following is true:

1. The petition only seeks determination of the passing of the
property without a finding of the character (community or
separate) of the property;

2. The decedent and surviving spouse executed a written
agreement transmuting or confirming all property owned at the
date of the agreement and all after-acquired property into
community property; or

3. The decedent and surviving spouse executed a written
agreement which transmuted or confirmed the subject property to
community property and the date of acquisition of the subject
property is alleged.

(c) If (b)(2) or (b)(3) above applies, copies of all such agreements
must be attached to the petition.

(Subd. (a) adopted effective January 1, 2018.)

b. CONTENTS OF PETITION

(1) The petition shall state the date and place of marriage between the
decedent and surviving spouse.

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(2) The petition shall give a description and approximate values of real and
personal property owned by the decedent on the date of marriage and a
statement concerning the property’s disposition, if any.

(3) If the decedent and a surviving spouse were not domiciled in California at
the time of marriage or resided in another state at any point following
marriage, the petition shall provide the approximate dates the decedent
and a surviving spouse resided in California.

(4) For each personal property asset at issue in the petition, the petition shall
state:

(a) The approximate date of the asset’s acquisition;

(b) The source of funds used to acquire the asset;

(c) The form of title at the time of the asset’s acquisition, if any;

(d) A description of any changes to the form of title following
acquisition, if any;

(e) The form of title on the decedent’s date of death, if any;

(f) Facts upon which the claim of community or quasi-community
property is based; and,

(g) If the asset at issue is an individual retirement account (“IRA”),
life insurance policy, or other asset that has a beneficiary
designation or “pay on death” designation, the status of that
designation as of the decedent’s date of death including the names
of beneficiaries or payees.

(5) For each real property asset at issue in the petition, the petition shall state:

(a) The approximate date of the asset’s acquisition;

(b) The source of funds used to acquire the asset;

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(c) The form of title at the time of the asset’s acquisition;

(d) A description of any changes to the form of title following
acquisition;

(e) The form of title on the decedent’s date of death;

(f) Written evidence of transmutations for all assets acquired or
transmuted on or after January 1, 1985; and,

(g) Facts upon which the claim of community or quasi-community
property is based.

(6) The petition shall include the following additional attachments:

(a) Where the petition affects title to real property, a copy of the
deed(s) showing vesting at the decedent’s date of death shall be
attached to the petition.

(b) If the petitioner claims one or more agreements exist that provide
for a non pro-rata division of the aggregate value of the community
property and/or quasi-community property, copies of the
agreement(s) shall be attached to the petition.

(c) If the asset in question was acquired on or after January 1, 1985 or
had the form of title changed on or after January 1, 1985, the
petition shall provide written evidence of the acquisition
documents and subsequent transmutations.

(d) Where the petitioner is the personal representative or the
conservator of the spouse or domestic partner, a copy of letters
evidencing the appointment must be attached to the petition.

(Subd. (b) adopted effective January 1, 2018.)

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c. PETITIONS WHERE THE DECEDENT DIED TESTATE

(1) If a Spousal Property Petition is based upon the decedent’s will or codicil,
the will or codicil shall be filed with the court prior to or concurrent with
the filing of the petition.

(2) An original will shall be deposited with the court pursuant to Probate Code
section 8200.

(3) If the original will has been deposited with a foreign jurisdiction (e.g.
another state or country), a duly authenticated copy of the will shall be
filed as an attachment to the petition.

(4) If the original will is lost, a copy of the lost will or a document setting
forth the terms of the lost will shall be filed as an attachment to the
petition. The attachment must clearly indicate that the original will is lost,
and shall be accompanied by a declaration addressing the presumption of
revocation under Probate Code section 6124.
(5) If a spouse's right to take under a will is conditioned on survival for a
specified period of time, no property will be set aside or confirmed to the
spouse until the expiration of the survivorship period.

(Subd. (c) adopted effective January 1, 2018.)

d. TERMINOLOGY

The following definitions shall apply to this rule:

(1) The term “Spousal Property Petition” shall include “Domestic Partner
Property Petition.”

(2) The term “spouse” shall include registered domestic partner under
California law and the equivalent in civil unions in other jurisdictions.

(3) The term “marriage” shall include registered domestic partnerships under
California law and equivalent civil unions in other jurisdictions.

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(4) The term “date of marriage” shall include the date a domestic partnership
is registered under California law and the date an equivalent civil union is
entered into in other jurisdictions.

(Subd. (d) adopted effective January 1, 2018.)

(Rule 7.73 renumbered effective July 1, 2018; adopted as Rule 7.34 effective January 1,
2018.)

7.74 DOCUMENTS SIGNED BY PERSON WITH POWER OF ATTORNEY

Any document filed with the court on behalf of an heir or beneficiary that is signed by a person with power of attorney for that heir or beneficiary shall include a copy of the power of attorney granting authority to execute such document. This includes but is not limited to waivers of accounting, waivers of bond, and distribution receipts.

(Rule 7.74 renumbered and amended effective January 1, 2019; adopted as Rule 7.32 effective July 1, 2010; renumbered as Rule 7.71 effective July 1, 2018.)

7.75 – 7.99 [RESERVED]

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7.100 TRUST BENEFICIARIES TO BE LISTED IN PETITION

All petitions involving a trust must set forth the names and last known addresses of all vested and contingent beneficiaries.

(Rule 7.100 amended effective January 1, 2019; adopted as Rule 7.45 effective July 1, 1988; amended and renumbered as Rule 7.50 effective July 1, 2009; renumbered effective July 1, 2018.)

7.101 TRUSTEE FEES

a. APPLICABILITY OF RULE

This rule applies to all trusts subject to the continuing jurisdiction of the court, to
petitions for approval of trustee compensation, and to objections to petitions for
trustee compensation.

(Subd (a) adopted effective July 1, 2009.)

b. PRESUMPTION OF REASONABLE COMPENSATION FOR TRUSTEES

Trustee compensation shall be presumed reasonable if it does not exceed 1% (one
percent) of the asset value of the estate. However, nothing in this rule limits the
court’s discretion to find as unreasonable a fee totaling less than 1%, or to approve
a trustee’s fee that exceeds 1%. The petition shall provide the asset value of the
estate used to calculate compensation and shall explain why that value is
appropriately used.

(Subd (b) amended effective January 1, 2019; adopted effective July 1, 2009;
amended effective January 1, 2012.)

c. REQUEST FOR ADDITIONAL COMPENSATION

A trustee may request fees in excess of 1% (one percent) of the asset value of the
estate. A trustee requesting such relief shall do one of the following:

(1) File a declaration from the beneficiaries indicating awareness of the fees
being requested and a statement waiving objection to those fees.

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(2) File a declaration detailing the services rendered justifying the fee
requested.
(Subd (c) amended and relettered effective July 1, 2009; adopted as unlettered
portion of Rule 7.46 effective July 1, 1988.)

(Rule 7.101 amended effective January 1, 2019; adopted as Rule 7.46 effective July 1,
1988; previously amended effective July 1, 1988; amended and renumbered as Rule 7.51
effective July 1, 2009; amended effective January 1, 2012; renumbered effective July 1,
2018.)

7.102 INFORMATION TO BE INCLUDED IN PETITIONS CONCERNING TRUSTS

All petitions concerning trusts shall indicate in the pleading title the Probate Code section(s) under which the petition is brought or which supports the relief requested. For example, a petition seeking orders concerning the internal affairs of a trust shall cite Probate Code section 17200 in the pleading title.

(Rule 7.102 renumbered effective July 1, 2018; adopted as Rule 7.52 effective July 1, 2009.)

7.103 GENERAL PROCEDURES FOR SPECIAL NEEDS TRUSTS

a. ESTABLISHMENT OF SPECIAL NEEDS TRUSTS IN SOLANO COUNTY

If a special needs trust is included as part of a minor’s compromise or other
judgment entered in Solano County, the following procedures shall be followed:

(1) A petition to approve the terms of the special needs trust shall be filed in
the civil action or as part of a petition to approve minor’s compromise. The
judge assigned to hear the civil action or the petition to approve minor’s
compromise shall approve the terms of the special needs trust per Probate
Code section 3604. The petition shall include the complete terms of the
proposed trust.

(2) Once so approved and signed, the original special needs trust instrument
and a copy of the order approving the trust shall be filed in the county in
which the trust is to be administered pursuant to that county’s procedures.
If the trust is to be administered in Solano County, the trust shall be filed in
a separate file and assigned a probate case number. No filing fee shall be

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charged for said filing as the trust instrument is the result of a petition filed
to approve a minor’s compromise claim per Probate Code section 3600 et
seq. (Gov. Code, § 70655.) If the original trust is unavailable for filing, a
copy of the entire executed trust instrument shall be filed concurrently with
an affidavit by the trustee stating why the original is not available for filing
and affirming that the copy is a true and correct copy of the executed trust
instrument.

(3) The party filing the special needs trust instrument per subsection (2) shall
file a notice in the civil action file or the minor’s compromise file indicating
the county in which the trust is being administered and the case number
assigned to the probate file containing the special needs trust.

(Subd (a) amended effective January 1, 2019; adopted effective July 1, 2009;
amended effective January 1, 2012.)

b. TRANSFER OF SPECIAL NEEDS TRUSTS INTO SOLANO COUNTY

Whenever a special needs trust is transferred into Solano County and the court file
being transferred does not contain the original special needs trust instrument, the
trustee shall provide the court with the original trust document within 90 days after
the court file is received by Solano County. If the original trust is unavailable for
filing, a copy of the entire executed trust instrument shall be filed concurrently with
an affidavit by the trustee stating why the original is not available for filing and
affirming that the copy is a true and correct copy of the executed trust instrument.

(Subd (b) amended effective January 1, 2019; adopted effective July 1, 2009.)

(Rule 7.103 amended effective January 1, 2019; adopted as Rule 7.53 effective July 1,
2009; amended effective January 1, 2012; renumbered as Rule 7.103 effective July 1,
2018.)

7.104 ACCOUNTINGS AND REPORTS OF SPECIAL NEEDS TRUSTS

a. EXPENDITURES ON BEHALF OF BENEFICIARY

In all accountings for special needs trusts, the trustee shall provide an explanation
of any unusual or extraordinary expenses incurred by the trustee on behalf of the
beneficiary. These include, but are not limited to, payment of all expenses

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associated with real property partially owned by the trust, payment of automobile
insurance for a vehicle not owned by the trust, acquisition or maintenance of assets
not ordinarily used by a beneficiary with the beneficiary’s type of disability, and so
forth.

(Subd (a) adopted effective July 1, 2009.)

b. HIRING OF AGENTS

The court acknowledges that trustees of special needs trusts often hire agents to
advise them concerning the administration of the special needs trusts and the
provision of services to the beneficiary. A trustee hiring such an agent shall specify
in any report or accounting seeking approval of payment to said agent the type of
and need for the services provided by the agent. The trustee shall also include a
declaration from the agent concerning the hours spent working with the trustee and
the amount of compensation sought.

(Subd (b) adopted effective July 1, 2009.)

c. PARENTS AS CAREGIVERS TO CHILD AS BENEFICIARY

In an account or report indicating that a parent was hired to provide caregiver
services to his or her child, the trustee shall provide the following information:

(1) A description of the services rendered by the parent that are above and
beyond the care normally provided by a parent to a child.

(2) A description of the special skills possessed by the parent enabling him or
her to perform these services.

(3) The benefit to the beneficiary of having the parent perform the services
instead of a professional caregiver.

(4) The hours worked by the parent.

(5) The hourly rate being paid to the parent and a justification of that rate.
Justification may include a comparison to the rate charged by a professional
for the same or similar services.

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(6) Whether caregiving services are being provided through IHSS and if so, the
frequency and type of the services provided.

(7) Whether insurance is in place to cover the caregiver parent in case of injury
and if so, the amount of the periodic premium being paid by the parent or
the trust.

(Subd (c) adopted effective July 1, 2009.)

(Rule 7.104 renumbered effective July 1, 2018; adopted as Rule 7.54 effective July 1, 2009.)

7.105 COMPENSATION OF CONSERVATOR FROM TRUST

If a conservatee is also the beneficiary of a trust and the compensation of a conservator of

the person or estate, or his or her attorney, is sought from the trust in part or in whole, the conservator shall first seek approval of the compensation in the conservatorship matter. The petition shall include a declaration by the trustee as to whether there are sufficient funds in the trust to allow for the compensation sought. If the conservatorship of the estate has sufficient funds to pay for the requested compensation, the conservator shall explain why compensation is sought from the trust and not the estate. A trustee shall not pay a conservator’s compensation without a court order approving said compensation by the judge assigned to hear the conservatorship matter.

(Rule 7.105 renumbered effective July 1, 2018; adopted as Rule 7.55 effective July 1, 2009; amended effective January 1, 2012.)

7.106 TRUST ACCOUNTINGS FILED WITH THE COURT

Any time a petition seeking approval of a trust accounting is filed with the court, the filing party shall simultaneously submit to the court an additional courtesy copy of the petition and the accounting.

(Rule 7.106 renumbered effective July 1, 2018; adopted as Rule 7.56 effective July 1, 2010.)

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Rule 8 – Compromises of Claims

8.1 CONTENTS OF PETITION FOR COMPROMISE OF CLAIM OF A PERSON WITH A DISABILITY OR A MINOR

A petition for court approval of a compromise or covenant not to sue regarding a person
with a disability or a minor shall comply in all respects with California Rules of Court,
rule 3.1384, and shall be presented on the mandatory Judicial Council form MC-350. In
addition, the petition shall include:

(1) A full disclosure of all information concerning the reasonableness of the proposed
compromise or covenant not to sue, including the amounts, if any, paid to other
claimants.

(2) The original or a photocopy of each bill which, if paid, shall disclose the date of
payment, the amount paid, and the name of the payor.

(Rule 8.1 amended effective July 1, 2014; adopted effective July 1, 1988; previously
amended effective July 1, 2009, and January 1, 2010, and July 1, 2010.)

8.2 FILING PETITIONS FOR COMPROMISE OF CLAIMS

In cases where no action is pending, a petition to compromise either a minor’s claim or a claim of an adult with disabilities shall be filed as an independent case with the Probate Division.

In cases where a civil action is pending, a petition to compromise either a minor’s claim or a claim of an adult with disabilities shall be filed within the pending civil action.

(Rule 8.2 adopted effective July 1, 2014.)

8.3 ESTABLISHMENT OF SPECIAL NEEDS TRUSTS

If a compromise of claim or covenant not to sue includes the establishment of a special needs trust with a person with a disability or a minor as beneficiary, the establishment of the trust shall comply with Solano County Local Rules, rule 7.53.

(Rule 8.3 amended effective July 1, 2014; adopted effective July 1, 2009; previously amended effective January 1, 2010, and July 1, 2010; previous Rule 8.3, concerning representation of specified parties by counsel at hearings, repealed effective July 1, 2009.)

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Rule 9 – Attorney Fees in Default Matters,
Promissory Notes, Contracts, and Foreclosures a. RECOVERY OF “REASONABLE” ATTORNEY FEES IN DEFAULT CASES

Except in open book accounts, whenever the obligation sued upon provides for the
recovery of “reasonable” attorney fees and the matter is heard as an unlimited civil
matter, the fees in each default case shall be fixed, based on the principal amount
only, pursuant to the schedule set forth in subsection (d).

(Subd (a) amended effective January 1, 2012; adopted effective May 13, 1988;
amended effective January 1, 2009.)

b. ATTORNEY FEES IN JUDGMENTS ISSUED BY THE CLERK OF THE COURT

Except in open book accounts, in unlimited civil matters where the Clerk of the
Court may issue a Judgment, attorney fees shall be calculated using the schedule
set forth in subsection (d).

(Subd (b) amended effective January 1, 2009; adopted effective May 13, 1988.)

c. REQUEST FOR FEES IN EXCESS OF SCHEDULED FEES

Any attorney seeking fees in excess of those provided for in subsection (d) shall be
required to apply for a hearing on the Default Calendar and supply an affidavit in
accordance with Code of Civil Procedure section 585.

(Subd (c) amended effective January 1, 2009; adopted effective May 13, 1988.)

d. SCHEDULE OF ATTORNEY FEES

Attorney fees shall be calculated using the following formula:

25% of the first $1,000 (with a minimum of $150)
20% of the next $4,000
15% of the next $5,000
10% of the next $10,000
5% of the next $30,000
2% over $50,000

An example of this calculation appears in Appendix A to Rule 9.

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(Subd (d) amended effective January 1, 2010; adopted effective May 13, 1988.)

e. ATTORNEY FEES IN UNLAWFUL DETAINER ACTIONS

The fee schedule set forth in Rule 9.1 shall not apply to unlawful detainer actions,
which are governed by Rule 14.2.

(Subd (e) adopted effective January 1, 2010.)

(Rule 9.1 amended effective January 1, 2012; adopted effective May 13, 1988; amended
effective January 1, 2009, and January 1, 2010.)

9.2 ATTORNEY FEES - LIMITED CIVIL MATTERS

a. ATTORNEY FEES FOR DEFAULT LIMITED CIVIL MATTERS (CCP §585(a))

Except for open book accounts, attorney fees in default limited civil matters shall
be calculated on the principal obligation only per the schedule set forth in
subsection (c), subject to any limitations set forth elsewhere in Rule 9.

(Subd (a) amended effective January 1, 2012; adopted effective May 13, 1988;
amended effective January 1, 2009.)

b. REQUEST FOR FEES IN EXCESS OF SCHEDULED FEES

Any attorney seeking fees in excess of those provided for by the schedule in
subsection (c) is required to apply for a hearing on the Default Calendar or supply
an affidavit in accordance with Code of Civil Procedure section 585(d).

(Subd (b) amended effective January 1, 2009; adopted effective May 13, 1988.)

c. SCHEDULE OF ATTORNEY FEES

Amount Fees
$1.00 to $600.00 $150.00
$600.00 to $1,000.00 $150.00 plus 25% of amount over $600.00
$1,000.00 to $10,000.00 $250.00 plus 15% of amount over $1,000.00
$10,000.00 to $25,000.00 $1,600.00 plus 10% of amount over $10,000.00

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(Subd (c) amended effective January 1, 2009; adopted effective May 13, 1988.)

d. ATTORNEY FEES IN UNLAWFUL DETAINER ACTIONS

The fee schedule set forth in Rule 9.2 shall not apply to unlawful detainer actions,
which are governed by Rule 14.3.

(Subd (d) amended effective January 1, 2010; adopted effective May 13, 1988.)

(Rule 9.2 amended effective January 1, 2012; previously adopted as unlettered portion of
Rule 9.1 effective May 13, 1988; adopted as Rule 9.2 effective January 1, 2009; amended
effective January 1, 2010.)

9.3 OPEN BOOK ACCOUNTS - UNLIMITED AND LIMITED CIVIL

a. ATTORNEY FEES IN OPEN BOOK ACCOUNTS

Subject to subsection (b), attorney fees in all open book accounts shall be calculated
on the principal obligation only pursuant to the following schedule:

Amount Fees
$1.00 to $600.00 $150.00
$600.00 to $1,000.00 $150.00 plus 25% of amount over $600.00
$1,000.00 to $10,000.00 $250.00 plus 15% of amount over $1,000.00
$10,000.00 to $25,000.00 $1,600.00 plus 10% of amount over $10,000.00

(Subd. (a) amended effective January 1, 2012.)

b. MAXIMUM ALLOWABLE ATTORNEY FEES IN OPEN BOOK ACCOUNTS

The maximum fee allowable in open book accounts shall be as set forth in Civil
Code section 1717.5.

(Subd. (b) amended effective July 1, 2016; previously amended effective January
1, 2012.)

(Rule 9.3 amended effective July 1, 2016; adopted effective January 1, 2009; previously amended effective January 1, 2012.)

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Rule 9 – Attorney Fees in Default Matters, Promissory Notes, Contracts, and Foreclosures

APPENDIX

9-A: Example of Attorney Fee Calculation per Rule 9.1

Demand of Complaint - $54,000.00

1. 25% of the first $1,000 = $250.00 (the minimum fee of $150 would apply if the amount of the demand was under $1,000) Subtract $1,000 from the total demand of the complaint - $54,000 - $1,000 = $53,000

2. 20% of the next $4,000 = $800 Subtract $4,000 from the remaining balance - $53,000 = $4,000 = $49,000

3. 15% of the next $5,000 = $750 Subtract $5,000 from the remaining balance - $49,000 - $5,000 = $44,000

4. 10% of the next $10,000 = $1,000 Subtract $10,000 from the remaining balance - $44,000 = $10,000 = $34,000

5. 5% of the next $30,000 = $1,500 Subtract $30,000 from the remaining balance - $34,000 = $30,000 = $4,000

6. 2% over $50,000 (this percent should be calculated on any remaining amount, in this instance $4,000) – 2% of $4,000 = $80

Total attorney’s fees: $4,380

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Rule 10 – Administration

10.1 EXECUTIVE OFFICER

A majority of the judges of the court may appoint a court executive officer pursuant to section 71620 of the Government Code who also acts as jury commissioner and clerk of the court. Any reference in these rules, the California Rules of Court, or statutes, to the executive officer, clerk of the court or jury commissioners refers to the executive officer, who functions in each of these capacities.

The powers, duties and responsibilities transferred from the county clerk to the court executive officer pursuant to this rule include all of those performed by the county clerk with respect to court sections, proceedings and records.

The county clerk is hereby relieved of any obligation imposed by law with respect to the above powers, duties and responsibilities. This rule does not transfer from the county clerk to the court executive officer obligations in reference to the issuance of marriage licenses or the filing of fictitious business names.

(Rule 10.1 amended effective January 1, 2010; adopted effective July 1, 1988.)

10.2 RESERVATION OF GOVERNMENT CODE 71620 POWERS

The Court reserves the power to delegate to the Court Executive Officer any other functions, duties and responsibilities relating to the operation of the court not otherwise specifically set forth in this chapter, as provided for by Government Code 71620.

(Rule 10.2 amended and renumbered effective January 1, 2010; adopted as Rule 10.4 effective January 1, 1991; former Rule 10.2, which concerned transfer of staff, repealed effective January 1, 2010.)

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Rule 11 – Jury Management a. DELEGATION OF AUTHORITY

The jury commissioner or their designee shall have the authority and discretion to
excuse prospective jurors for reasons of undue hardship pursuant to California
Rules of Court, rule 2.1008, subdivision (d)(1), (5), (6), and (7).

(Subd. (a) adopted effective July 1, 2018.)

b. DISCRETION TO GRANT CERTAIN EXCUSES FOR UNDUE HARDSHIP

The person designated per subdivision (a) above may grant an excuse from jury
service to a prospective juror on the ground of undue hardship as follows:

1. If the prospective juror has no reasonably available means of public or
private transportation to the court, the excuse may be granted upon the
prospective juror submitting sufficient written verification to the court in
the manner directed by the court.

2. If the prospective juror has a physical or mental disability or impairment,
not affecting that person's competence to act as a juror, that would expose
the potential juror to undue risk of mental or physical harm, the excuse
may be granted upon the prospective juror submitting sufficient written
verification to the court in the manner directed by the court. If the
prospective juror is under the age of 70, the person designated per
subdivision (a) above may also require that the prospective juror furnish
verification or a method of verification of the disability or impairment, its
probable duration, and the particular reasons for the person's inability to
serve as a juror.

3. If the prospective juror's services are immediately needed for the
protection of the public health and safety, and it is not feasible to make
alternative arrangements to relieve the person of those responsibilities
during the period of service as a juror without substantially reducing
essential public services, the excuse may be granted upon the prospective
juror submitting sufficient written verification to the court in the manner
directed by the court.

4. If the prospective juror has a personal obligation to provide actual and
necessary care to another, including sick, aged, or infirm dependents, or a

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child who requires the prospective juror's personal care and attention, and
no comparable substitute care is either available or practical without
imposing an undue economic hardship on the prospective juror or person
cared for, the excuse may be granted upon the prospective juror submitting
sufficient written verification to the court in the manner directed by the
court. If the request to be excused is based on care provided to a sick,
disabled, or infirm person, the person designated per subdivision (a) above
may require the prospective juror to furnish verification or a method of
verification that the person being cared for is in need of regular and
personal care.

(Subd. (b) adopted effective July 1, 2018.)

c. OTHER REQUESTS FOR EXCUSE DUE TO UNDUE HARDSHIP

If a prospective juror seeks an excuse from jury service on a ground of undue
hardship set forth in California Rules of Court, rule 2.1008, subdivision (d)(2),
(3), or (4), the prospective juror shall report per their jury summons and shall
submit their request to the judicial officer hearing the case.

(Subd. (c) adopted effective July 1, 2018.)

(Rule 11.1 adopted effective July 1, 2018.)

11.2 – 11.99 [Reserved]

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Rule 12 – Mental Health Conservatorships (LPS)

12.1 CONFIDENTIALITY OF COURT PROCEEDINGS AND RECORDS

All court proceedings brought pursuant to the Lanterman-Petris-Short Act, Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code, including court trials, jury trials, and other hearings, and all court records associated with or concerning said proceedings, shall be confidential and closed to the public, unless a conservatee requests that their proceeding be open to the public or the court finds good cause to make a particular proceeding open to the public. (Sorenson v. Superior Court (2013) 219 Cal.App.4th 409.) For purposes of this rule, the term “conservatee” includes a proposed conservatee and a person whose existing LPS conservatorship is subject to renewal or extension.

(Rule 12.1 adopted effective January 1, 2019.)

12.2 – 12.99 [Reserved]

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Rule 13 – Appeals

13.1 FEE WAIVER APPLICATIONS FOR MATTERS BEING APPEALED TO THE COURT OF APPEAL

a. FEE WAIVER REQUEST PROCEDURE GENERALLY

Where a party appealing a matter seeks a waiver of court fees and costs from the
Superior Court of California, County of Solano as well as from the First District
Court of Appeal and a fee waiver request has not been filed directly with the First
District Court of Appeal, the party shall submit two separate Request to Waive
Court Fees forms (Judicial Council form FW-001) to the Clerk of the Superior
Court. One form shall be directed to the superior court and the other form shall be
directed to the First District Court of Appeal.

(Subd (a) adopted effective January 1, 2010.)

b. PROCEDURE FOR WAIVING FEES AT THE SUPERIOR COURT

The request to waive fees on appeal at the superior court level shall be processed
and determined per Government Code section 68630 et seq.

(Subd (b) adopted effective January 1, 2010.)

c. PROCEDURE FOR WAIVING FEES AT THE COURT OF APPEAL

The superior court shall receive and transmit to the First District Court of Appeal
for filing, processing and determination any fee waiver which seeks to waive fees
charged by the First District Court of Appeal. The superior court’s acceptance of
the FW-001 form on behalf of the Court of Appeal shall not be deemed a “filing”
for purposes of Government Code section 68634.5, subdivision (f).

(Subd (c) adopted effective January 1, 2010.)

(Rule 13.1 adopted effective January 1, 2010.)

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Rule 14 – Unlawful Detainer

14.1 TELEPHONIC APPEARANCES

Telephonic appearances in unlawful detainer cases will be permitted only to the extent authorized by California Rules of Court, rule 3.670, and in the manner required by that rule and Solano County Local Rules, rule 4.12(h).

(Rule 14.1 amended effective January 1, 2010; adopted effective January 1, 2009.)

14.2 TRIAL MANAGEMENT

The court may, in its discretion, order the parties to an unlawful detainer matter to participate in a trial management conference and/or settlement conference in cases where the case is to be tried by a jury.

(Rule 14.2 adopted effective January 1, 2010.)

14.3 ATTORNEY FEES IN DEFAULT MATTERS

a. CASES FILED AS LIMITED CIVIL MATTERS

In default unlawful detainer actions filed as limited civil matters, the attorney fees
are fixed upon the schedule set forth in subsection (c), based on principal only, with
a minimum of $300.00. The maximum fee shall not exceed the court's jurisdiction.
Any attorney seeking fees in an unlawful detainer action in excess of those provided
for by the schedule in subsection (c) is required to apply for a hearing on the Default
Calendar or supply an affidavit in accordance with Code of Civil Procedure section
585(d).

(Subd (a) amended effective January 1, 2012; previously adopted as unlettered
portion of Rule 9.1 effective May 13, 1988; amended and relettered as Subd (d) of
Rule 9.1 effective January 1, 2009; adopted as subd (a) effective January 1, 2010.)

b. CASES FILED AS UNLIMITED CIVIL MATTERS

In default unlawful detainer actions filed as unlimited civil matters, the attorney
fees are fixed upon the schedule set forth in subsection (c), based on principal only,
with a minimum of $300.00. Any attorney seeking fees in an unlawful detainer
action in excess of those provided for by the schedule in subsection (c) is required

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to apply for a hearing on the Default Calendar or supply an affidavit in accordance
with Code of Civil Procedure section 585(d).

(Subd (b) amended effective January 1, 2012; adopted effective January 1, 2010.)

c. SCHEDULE OF ATTORNEY FEES

Attorney fees in unlawful detainer actions shall be calculated as follows:

25% of the first $1,000, with a minimum of $300
15% of the next $9,000
10% of the next $15,000

(Subd (c) adopted effective January 1, 2010.)

(Rule 14.3 amended effective January 1, 2012; adopted effective January 1, 2010.)

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Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

15.1 APPLICABILITY OF GUARDIANSHIP RULES; TERMINOLOGY; DIRECT CALENDARING

a. APPLICABILITY

These guardianship rules apply to all guardianships of the person, the estate, or
both, which are filed pursuant to the Probate Code. These guardianship rules do
not apply to guardianships under the Welfare and Institutions Code.

(Subd (a) amended effective January 1, 2013; adopted effective July 1, 2009;
amended effective January 1, 2012.)

b. TERMINOLOGY

Unless otherwise indicated in a particular rule, all references to a “ward” shall
include a proposed ward and references to a “guardian” shall include a proposed
guardian.

(Subd (b) relettered effective January 1, 2013; adopted as subd (c) effective July 1,
2009; previous subd (b) repealed effective January 1, 2013.)

c. DIRECT CALENDARING

When a guardianship or conservatorship case is filed, or received and filed as a
transfer from another county, the Clerk of the Court shall assign the case in a
manner directed by and subject to the approval of the Supervising Judge of the
Family Law Division. The assignment to a judge shall be deemed to be for all
purposes.

(Subd (c) relettered effective January 1, 2013; adopted as subd (d) effective
January 1, 2012.)

(Rule 15.1 amended effective January 1, 2013; previously adopted as Rule 7.52 effective
July 1, 2008; adopted effective July 1, 2009; amended effective January 1, 2012.)

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Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships a. FORMS FOR GENERAL GUARDIANSHIP OF THE PERSON ONLY

In addition to any required Judicial Council forms, a petitioner seeking the
appointment of a guardian of the person only must file the following local forms
with the clerk of the court:

(1) Declaration Regarding Venue, or a declaration contained within the petition
that is in substantial compliance with rule 15.2(c);

(2) Court Investigator’s Information and Referral Form; and,

(3) Order Appointing Investigator.

(Subd (a) amended effective January 1, 2013; adopted effective July 1, 2009.)

b. FORMS AND DECLARATIONS FOR GENERAL GUARDIANSHIP OF THE PERSON AND
THE ESTATE OR OF THE ESTATE ONLY

In addition to any required Judicial Council forms, a petitioner seeking the
appointment of a guardian of the person and the estate, or of the estate only, must
file the following local forms and declarations with the clerk of the court:

(1) Declaration Regarding Venue, or a declaration contained within the petition
that is in substantial compliance with rule 15.2(c);

(2) Preliminary Inventory of Guardianship Estate;

(3) Court Investigator’s Information and Referral Form; and,

(4) Order Appointing Investigator.

(Subd (b) amended effective January 1, 2013; adopted effective July 1, 2009.)

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PART ONE: Guardianships

c. DECLARATION REGARDING VENUE

(1) Proposed Wards who are Residents of California

In order to ensure compliance with Probate Code section 2200 et seq., in all
petitions for guardianship of the person and/or the estate where the proposed
ward is a resident of the State of California, the petitioner shall include a
declaration indicating whether the proposed ward is a resident of Solano
County at the time the petition is filed. If the proposed ward is not a resident
of Solano County, the declaration shall state why it is in the proposed ward’s
best interests to have the guardianship proceeding heard in Solano County.
The declaration may be filed on a local form designated for that purpose or
in a declaration in substantial compliance with this rule, or may be included
in the body of the petition for guardianship.

(Subd (1) amended effective January 1, 2013; adopted effective July 1,
2009.)

(2) Proposed Wards who are Not Residents of California – Guardianships
of the Person

In order to ensure compliance with Probate Code section 2200 et seq., in all
petitions for guardianship of the person where the proposed ward is not a
resident of the State of California, the petitioner shall include a declaration
indicating whether the proposed ward is temporarily living in Solano
County at the time the petition is filed. If the proposed ward is not
temporarily living in Solano County, the declaration shall state why it is in
the proposed ward’s best interests to have the guardianship proceeding
heard in Solano County. The declaration may be filed on a local form
designated for that purpose or in a declaration in substantial compliance
with this rule, or may be included in the body of the petition for
guardianship.

(Subd (2) amended effective January 1, 2013; adopted effective July 1,
2009.)

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(3) Proposed Wards who are Not Residents of California – Guardianships
of the Estate

In order to ensure compliance with Probate Code section 2200 et seq., in all
petitions for guardianship of the estate where the proposed ward is not a
resident of the State of California, the petitioner shall include a declaration
indicating whether the proposed ward is temporarily living in Solano
County at the time the petition is filed or whether the proposed ward has
property in Solano County. If the proposed ward is not temporarily living
in Solano County and does not have property in Solano County, the
declaration shall state why it is in the proposed ward’s best interests to have
the guardianship proceeding heard in Solano County. The declaration may
be filed on a local form designated for that purpose or in a declaration in
substantial compliance with this rule, or may be included in the body of the
petition for guardianship.

(Subd (3) amended effective January 1, 2013; adopted effective July 1,
2009.)

(Subd (c) relettered and amended effective January 1, 2013; adopted as subd (e)
effective July 1, 2009; prior subd (c) repealed effective January 1, 2013.)

d. FORMS FOR TEMPORARY GUARDIANSHIP OF THE PERSON AND/OR THE ESTATE
[Repealed]

(Subd (d) repealed effective January 1, 2013; adopted effective July 1, 2009.)

(Rule 15.2 amended effective January 1, 2013; previously adopted as Rule 7.53 effective
July 1, 2008; adopted effective July 1, 2009.)

15.3 NOTICE

a. ADDRESSES FOR SOLANO COUNTY AGENCIES ENTITLED TO NOTICE

The addresses for the Solano County Superior Court Investigator, the Director of
Social Services, and the Solano County Health and Social Services Department are
listed in Appendix 15-A.

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(Subd (a) amended and relettered effective January 1, 2013; adopted as subd (b)
effective July 1, 2009; previous subd (a) repealed effective January 1, 2013.)

b. DECLARATION OF DUE DILIGENCE

If a petitioner cannot serve or locate a person for whom notice is required, the
petitioner shall file a local form designated for that purpose or a substantially
equivalent declaration which complies with this rule. The declaration must specify
the name of the person whose whereabouts are unknown, the last known address of
the person, the approximate date when the person was last known to reside at that
address, all efforts undertaken to identify and serve or locate the person, and any
facts that explain why the person cannot be located. To the extent appropriate, the
petitioner shall make the following efforts and state the results in the declaration:

(1) Search the public records in any county where the person was last known
or believed to reside, including real and personal property indexes in the
recorder’s and assessor’s offices, the local telephone directory and directory
assistance, the county’s voter registration, the county’s vital statistics office,
and any non-confidential court files concerning or involving the person;

(2) Search all appropriate Internet search engines;

(3) Inquiry of the person’s current or former employer(s);

(4) Inquiry of the person’s current or former landlord(s) and neighbors;

(5) Inquiry of the person’s last known residential address and any neighbors of
that address;

(6) Inquiry of any relatives, friends, or other individuals who might have
knowledge of the person’s whereabouts; and,

(7) Inquiry of any appropriate county, state, and federal correctional systems in
which the petitioner believes or has reason to believe the person is or may
be incarcerated.

(Subd (b) amended and relettered effective January 1, 2013; adopted as subd (f)
adopted effective July 1, 2009.)

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c. DOCUMENTS TO BE SERVED [Repealed]

(Subd (c) repealed effective January 1, 2013; adopted effective July 1, 2009.)

d. PROOF OF PERSONAL SERVICE [Repealed]

(Subd (d) repealed effective January 1, 2013; adopted effective July 1, 2009.)

e. PROOF OF SERVICE BY MAIL [Repealed]

(Subd (e) repealed effective January 1, 2013; adopted effective July 1, 2009.)

f. DECLARATION OF DUE DILIGENCE [Relettered]

(Subd (f) relettered as subdivision (b) effective January 1, 2013; adopted effective
July 1, 2009.)

g. ORDER DISPENSING WITH NOTICE [Repealed]

(Subd (g) repealed effective January 1, 2013; adopted effective July 1, 2009.)

h. NOTICE IN TEMPORARY GUARDIANSHIPS [Repealed]

(Subd (h) repealed effective January 1, 2013; adopted effective July 1, 2008.)

(Rule 15.3 amended effective January 1, 2013; previously adopted as Rule 7.52 effective
July 1, 1989; adopted effective July 1, 2009.)

15.4 APPOINTMENT OF INVESTIGATOR

a. APPOINTMENT OF INVESTIGATOR IN RELATIVE GUARDIANSHIPS

The court shall appoint the Court Investigators Office to perform an investigation
pursuant to Probate Code section 1513 where the proposed guardian is a relative of
the ward within the second degree. For purposes of this rule, a person shall be
considered a relative within the second degree if they are related to the ward as
described in Probate Code section 1513, subdivision (g).

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(Subd (a) adopted effective July 1, 2009.)

b. APPOINTMENT OF INVESTIGATOR IN NON-RELATIVE GUARDIANSHIPS

In all probate guardianship matters where the proposed guardian is not a relative of
the ward within the second degree as defined by Probate Code section 1513,
subdivision (g), the court shall appoint the Solano County Department of Health &
Social Services to perform an investigation pursuant to Probate Code sections 1513
and 1543.

(Subd (b) adopted effective July 1, 2009.)

c. SERVICE OF DOCUMENTS ON INVESTIGATOR – RELATIVE GUARDIANSHIPS

In guardianship proceedings where the court has appointed the Court Investigators
Office, the petitioner or the petitioner's attorney must serve the Court Investigators
Office with a copy of the following documents at least thirty (30) days prior to the
hearing date:

(1) Notice of Hearing – Guardianship or Conservatorship (Judicial Council
form GC-020);

(2) A copy of the Petition for Guardianship (Judicial Council form GC-210 or
GC-210(P)); and

(3) A completed Court Investigator's Information and Referral Form (Solano
County Local Form no. 3490)

The documents shall be delivered or mailed to the address listed in Appendix 15-
A.

(Subd (c) amended effective January 1, 2013; adopted effective July 1, 2009.)

d. SERVICE OF DOCUMENTS ON INVESTIGATOR – NON-RELATIVE GUARDIANSHIPS

In guardianship proceedings where the court has appointed the Solano County
Department of Health & Social Services (“Department”) to investigate the
guardianship petition, the petitioner or the petitioner's attorney must serve the

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Department with a copy of the following documents thirty (30) days prior to the
hearing date:

(1) Notice of Hearing – Guardianship or Conservatorship (Judicial Council
form GC-020);

(2) A copy of the Petition for Guardianship (Judicial Council form GC-210 or
GC-210(P)); and,

(3) Any other forms that may be required by the Department.

The documents shall be delivered or mailed to the address listed in Appendix 15 -
A.

(Subd (d) amended effective January 1, 2013; adopted July 1, 2009.)

e. DUTY TO UPDATE INFORMATION GIVEN TO INVESTIGATOR

The petitioner must advise the investigating office of any changes to the contact
information of the ward, guardian, or proposed guardian.

(Subd (e) adopted effective July 1, 2009.)

f. DUTY TO COOPERATE WITH INVESTIGATOR

All parties, including, but not limited to, the petitioner, the proposed or appointed
guardian, the parent(s) of the ward, and any attorneys for the parties, including
appointed counsel for the ward or proposed ward, are to cooperate fully with the
appointed investigator. Failure to cooperate may be punishable with sanctions
pursuant to Code of Civil Procedure, section 575.2, in the court’s discretion.

(Subd (f) amended effective January 1, 2013; adopted effective July 1, 2009.)

g. SERVICE OF SUBPOENA ON COURT INVESTIGATOR

Any subpoena to compel a court investigator’s presence at a hearing or trial must
be served in compliance with Government Code sections 68097.1 and 68097.2.
Said subpoena shall be served personally on the court investigator, on the Court
Executive Officer, or an agent designated by the Court Executive Officer, during

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the court’s normal business hours. The subpoena shall be accompanied by payment in the amount required by Government Code section 68097.2 for each day that the court investigator is required to remain in attendance at the hearing or trial pursuant to the subpoena; otherwise, the subpoena shall not be accepted or service deemed complete.

In order to give the court investigator reasonable time for preparation, the subpoenaing party shall serve the subpoena a minimum of 10 court days prior to the first date the court investigator is to appear at the hearing or trial, unless the court investigator agrees to a shorter period of time.

(Subd (g) amended effective July 1, 2013; adopted effective January 1, 2012; amended effective January 1, 2013.)

(Rule 15.4 amended effective July 1, 2013; adopted as Rule 7.55 effective July 1, 2008; adopted as Rule 15.4 effective July 1, 2009; amended effective January 1, 2012, and January 1, 2013.)

15.5 COURT INVESTIGATOR FEES

a. COURT INVESTIGATOR FEES GENERALLY

A fee for the services of the Court Investigators Office shall be imposed upon the
person(s) so responsible for payment per Probate Code section 1513.1. The rate of
this fee depends on the nature of the investigation and is determined by the court
on an annual basis. All rates are subject to change. The amount of the fee payable
shall be determined by the fee schedule in effect on the date the petition triggering
the investigation is filed, the date the accounting being reviewed is filed, or the due
date of any reviews mandated by law. A list of current fees is available from the
Court Investigators Office or the Family Law Clerk’s Office.

(Subd (a) amended effective January 1, 2013; adopted effective July 1, 2009;
amended effective January 1, 2010.)

b. PAYMENT OF COURT INVESTIGATOR FEES

Any and all assessments not waived by the court or county shall be paid to the court.

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If an investigation is required because a petition has been filed, the investigation
shall not be undertaken unless and until the applicable investigation fee is paid,
unless otherwise ordered by the court. This includes, but is not limited to,
investigations necessitated by a petition for appointment of a temporary guardian,
appointment of a guardian, removal of a guardian, or termination of a guardianship.

For other court investigator services not triggered by the filing of a petition but still
required by law or court order, the assessed fee is payable within 30 days after the
Assessment and Order for Payment is mailed by the court. This includes, but is not
limited to, investigations necessitated by the mandatory periodic reviews in
guardianships.

(Subd (b) amended effective January 1, 2013; adopted effective July 1, 2009.)

c. DEFERMENT OR WAIVER OF COURT INVESTIGATOR FEES

Upon application by a guardian, a parent, or a ward, the court may defer or waive
a portion or all of the assessed court investigator fees if the court finds that ordering
payment of the assessed fees would constitute a hardship for the ward or the ward’s
estate pursuant to Probate Code section 1513.1. The court may also defer fees
pursuant to Probate Code section 2628. There shall be a rebuttable presumption
that the assessed court investigator fees constitute a hardship on a ward or proposed
ward if the proposed guardian qualifies for a fee waiver under Government Code
section 68630 et seq.

The court may periodically review the person’s ability to pay the assessed fee. If
the court becomes aware of a change in circumstances permitting payment of the
fees by the person, the court shall order the fees paid after notice to the person and
an opportunity to be heard.

(Subd (c) amended effective January 1, 2013; adopted effective July 1, 2009.)

(Rule 15.5 amended effective January 1, 2013; previously adopted as Rule 7.54 effective
July 1, 1989; previously renumbered as Rule 7.56 effective July 1, 2008; previously
readopted as Rule 15.5 effective July 1, 2009; amended effective January 1, 2010.)

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