State statute
Santa Clara — Presiding Judge’s Order of March 2, 2021
California foreclosure, tax-defaulted, court-ordered and probate-sale law and official procedures — verbatim and citable.
- Edition
- 2026-09-26
- Last updated
- 2026-09-27
- Jurisdiction
- Santa Clara County
Santa Clara — Presiding Judge’s Order of March 2, 2021¶
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SANTA CLARA
10 ORDER REGARDING EARLY CIVIL MANDATORY SETTLEMENT CONFERENCES
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12 This Court HEREBY FINDS AND ORDERS AS FOLLOWS:
13 1. Since March 4, 2020, the State of California has been in a State of Emergency as a result of
14 the COVID-19 pandemic. The Governor and the County of Santa Clara Public Health
15 Officer have issued several orders to help combat the spread of the virus, including orders to
16 shelter in place, maintain social distancing, and restrict operation of essential businesses.
17 2. The COVID-1919 pandemicpandemic hashas significantlysignificantly alteredaltered thethe wayway thethe CourtCourt doesdoes business.business.
18 Although the Court was open to provide access to justice for our County’s citizens in a safe
19 and socially distanced manner from the first day the County’s first shelter in place order was
20 effective, the Court was forced to continue Civil trials for a period of several months in 2020.
21 3. Additionally, due to fiscal effects of the pandemic, and resulting budget cuts, the Court has
22 a reduced staff, including in the number of available courtroom clerks necessary to conduct
23 trials, which limits the number of courtrooms available for Civil trials, and requires that the
24 Civil courtrooms remain mostly closed on Fridays.
25 4. Likewise, to safely hold trials at the Downtown Superior and Old Courthouse, protective
26 measures such as Plexiglas barriers were required to be installed, which further delayed
27 conducting trials.
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ORDER REGARDING EARLY CIVIL MANDATORY SETTLEMENT CONFERENCES -1-
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1 5. In order to protect potential jurors, a new jury selection process and other protective measures
2 have been implemented, including maximum occupancy limitations, which constrain the
3 number of Civil jury trials the Court can safely conduct each week.
4 6. California Rules of Court, Rule 3.1380 clearly states that upon the Court’s own motion or at
5 the request of any party, the Court may set one or more mandatory settlement conferences.
6 7. In order to resolve cases for which trials have been delayed due to the pandemic, and to
7 comply with the Court’s duties under the Trial Delay Reduction Act, the Court finds that it
8 is in the best interest of the Court, and its attorneys and litigants, to expand the Court’s
9 mandatory settlement conference program beyond that contemplated under Local Civil Rule
10 9A.
11 8. The Court therefore hereby orders that:
12 a. Upon request of a party, or the Court’s own motion, a case may be sent to a mandatory
13 settlement conference prior to trial. Should the case not settle at this early mandatory
14 settlement conference, the mandatory settlement conference the week before trial will
15 still proceed, pursuant to Local Civil Rule 9.
16 b. These mandatory settlement conferences will be conducted by experienced settlement
17 attorneys pursuant to California Rule of Court 2.812(3)(D), and will not be performing a
18 judicial function requiring use of a certified temporary judge.
19 c. The list of settlement attorneys available to conduct a mandatory settlement conference
20 pursuant to this order will be posted on the Court’s website at
21 https://www.scscourt.org/court_divisions/civil/adr/civil_msc_attorneys.shtml. Within
22 10 days of being ordered to a mandatory settlement conference under this order, the
23 parties must choose a settlement attorney and schedule their mandatory settlement
24 conference directly with the settlement attorney. These mandatory settlement
25 conferences will be held remotely.
26 d. The parties must file their five page (not including any attachments) mandatory
27 settlement conference statement with the Court, and email it to the settlement attorney
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1 and all parties or their counsel to the case, five court days prior to their mandatory
2 settlement conference.
3 THIS ORDER IS EFFECTIVE IMMEDIATELY.
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5 Dated: March 2, 2021 Presiding Judge Theodore C. Zayner 6 Santa Clara County Superior Court
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