Solano — Effective January 1, 2012

Solano — Effective January 1, 2012¶

Source: https://solano.courts.ca.gov/system/files/solano-county-local-rules-effective-2012-01-01-complete.pdf

Exceptions & meaning →

Page 1¶

Superior Court of California County of Solano

600 Union Avenue 321 Tuolumne Street
Fairfield, CA 94533 Vallejo, CA 94590
(707) 207-7300 (707) 561-7800

Local Rules of Court Adopted July 1, 1988

Revised January 1, 1991 Revised January 1, 2008

Revised July 1, 1991 Revised July 1, 2008

Revised July 1, 1992 Revised January 1, 2009

Revised October 1, 1996 Revised July 1, 2009

Revised January 1, 1998 Revised January 1, 2010

Revised August 1, 2002 Revised July 1, 2010

Revised October 1, 2002 Revised January 1, 2011

Revised July 1, 2005 Revised July 1, 2011

Revised January 1, 2007 Revised January 1, 2012

Corrected April 2, 2007

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 2¶

Brian K. 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 2012

Exceptions & meaning →

Page 3¶

Superior Court of California County of Solano

Local Rules of Court

Summary Table of Contents

Exceptions & meaning →

Rule 1 — General Provisions¶

Rule 2 — Felony Criminal Cases¶

Rule 3 — Civil Cases¶

Rule 4 — Administration of Civil Litigation¶

Rule 4 Administration of Civil Litigation

Exceptions & meaning →

Rule 5 — Family Law¶

Rule 6 — Juvenile Proceedings¶

Rule 7 — Probate¶

Rule 8 — Claims of Adults with Disabilities or Minors¶

Rule 8 Claims of Adults with Disabilities or Minors

Rule 17 — Miscellaneous¶

Rule 17 Miscellaneous

Exceptions & meaning →

Rule 4.14 — Electronic Filing and Service of Pleadings and Documents (Eff. 7/1/10)…¶

Rule 4.14 Electronic Filing and Service of Pleadings and Documents (Eff. 7/1/10) ........................... 4-21

RULE 5 FAMILY LAW Rule 5.1 Scope Of Rule 5; Applicability To Parties And Counsel (Amended eff. 1/1/08) ................. 5-1 Rule 5.2 Direct Calendaring (Amended eff. 1/1/08)........................................................................... 5-2 Rule 5.3 Use And Completeness Of Judicial Council And Solano County Forms (Amended eff. 1/1/10) ................................................................................................................................. 5-2

Exceptions & meaning →

Rule 5.4 — Filing And Service Of Summons, Petition, Moving, Responsive, And Other…¶

Rule 5.4 Filing And Service Of Summons, Petition, Moving, Responsive, And Other Pleadings (Amended eff. 1/1/10) .......................................................................................................... 5-4 Rule 5.5 Service (Amended eff. 1/1/10).............................................................................................. 5-6 Rule 5.6 Declarations (Amended eff. 1/1/08) ..................................................................................... 5-7 Rule 5.7 Ex Parte Application For Order; Orders Shortening And Extending Time (Amended eff. 1/1/12) ................................................................................................................................. 5-7 Rule 5.8* Special Procedures For Ex Parte Applications For Orders And Ex Parte Applications For Injunctive Relief Pertaining To Domestic Violence [REPEALED] (Repealed eff. 1/1/12).... 5-12 Rule 5.9 Law And Motion Calendar (Amended eff. 1/1/10)............................................................... 5-12 Rule 5.10 Law And Motion Procedure (Amended eff. 1/1/08)............................................................. 5-21 Rule 5.11 Child Custody Recommending Counseling (Amended eff. 1/1/12) ..................................... 5-22 Rule 5.12 Child Custody And Visitation Evaluation Or Investigation (Amended eff. 1/1/12) ............. 5-27 Rule 5.13 Children And The Court; Minor's Counsel (Amended eff. 1/1/12) ...................................... 5-30 Rule 5.14 Calculation Of Child Support And Temporary Spousal Or Partner Support (Amended eff. 1/1/12) ................................................................................................................................. 5-31 Rule 5.15 Procedures For Document Signature; Orders After Hearing And Trial (Amended eff. 1/1/08) ................................................................................................................................. 5-32

Denotes a rule that has been renumbered or repealed.

Table of Contents - 2

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 7¶

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

Number Rule Page

Rule 5.16 Family Law Discovery Motions (Amended eff. 1/1/08)....................................................... 5-36 Rule 5.17 Status Conferences And Status Conference Reports (Amended eff. 1/1/10) ........................ 5-37 Rule 5.18 Settlement Conferences (Amended eff. 1/1/10).................................................................... 5-39 Rule 5.19 Family Law Trial Matters And Procedure (Amended eff. 1/1/08) ....................................... 5-45

Exceptions & meaning →

Rule 5.20 — Default Or Uncontested Judgment Of Dissolution Or Legal Separation By…¶

Rule 5.20 Default Or Uncontested Judgment Of Dissolution Or Legal Separation By Affidavit Or Declaration Under Family Code Section 2336 (Amended eff. 1/1/10)................................. 5-47

Exceptions & meaning →

Rule 5.21 — Default Or Uncontested Judgments Of Dissolution, Legal Separation, Nullity, or¶

Rule 5.21 Default Or Uncontested Judgments Of Dissolution, Legal Separation, Nullity, or Establishment of Parental Relationship By Appearance (Amended eff. 1/1/10) ................. 5-52 Rule 5.22 Contents of Judgment (Amended eff. 1/1/08)....................................................................... 5-58 Rule 5.23 Fee Waivers At Time Of Entry of a Judgment or an Order for Support (Amended eff. 1/1/10) ................................................................................................................................. 5-58 Rule 5.24 Contempt (Amended eff. 1/1/08).......................................................................................... 5-58 Rule 5.25 Attorney Fees, Costs And Sanctions (Amended eff. 1/1/10) ................................................ 5-60 Rule 5.26 Forms Lists (Amended eff. 1/1/10)....................................................................................... 5-61

Exceptions & meaning →

Rule 5.27 — Family Law Facilitator's Duties (Eff. 1/1/08)…¶

Rule 5.27 Family Law Facilitator's Duties (Eff. 1/1/08) ...................................................................... 5-62 Appendices 5-63 5-A Time Sharing Arrangement Table ....................................................................................... 5-64

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. 1/1/10) ............................................................................. 6-1 Rule 6.3 Access To Courtroom By Non-Parties (Amended eff. 1/1/10)............................................. 6-1 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) ................................ 6-2 Rule 6.6 Discovery (Amended eff. 1/1/10)......................................................................................... 6-3 Rule 6.7 Petitions, Pleadings & Motions (Amended eff.1/1/10)......................................................... 6-4 Rule 6.8 Request For Transcripts by Non-Party (Amended eff. 1/1/10)............................................. 6-4 Rule 6.9 Welfare And Institutions Code Section 241.1 Assessments (Amended eff. 1/1/10)............. 6-5

Exceptions & meaning →

Rule 6.10 — Motion To Challenge Legal Sufficiency Of Petition (Eff.…¶

Rule 6.10 Motion To Challenge Legal Sufficiency Of Petition (Eff. 1/1/10)....................................... 6-5 Rules 6.11 through 6.29 [RESERVED] ........................................................................................................................ 6-6 Part Two: Juvenile Dependency Rule 6.30 Appointed Counsel in Dependency Proceedings (Amended eff. 1/1/10) ............................. 6-7 Rule 6.31 Appointment of Private Counsel in Dependency Proceedings (Amended eff. 1/1/10)......... 6-8

Exceptions & meaning →

Rule 6.32 — Procedures For Reviewing And Resolving Complaints Regarding Representation In¶

Rule 6.32 Procedures For Reviewing And Resolving Complaints Regarding Representation In Dependency Proceedings (Amended eff. 1/1/10) ................................................................. 6-8

Table of Contents - 3

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Rule 7.7 Notification to Court of Continuances, Drops or Stipulations (Eff. 7/1/09) ........................ 7-4 Rule 7.8 Pregrants in Probate Matters (Amended eff. 1/1/12)............................................................ 7-4 Rule 7.9 Appearances at Hearings (Amended eff. 1/1/10).................................................................. 7-4

Exceptions & meaning →

Rule 7.10 — Ex Parte Applications (Eff.…¶

Rule 7.10 Ex Parte Applications (Eff. 7/1/09)...................................................................................... 7-6 Part Two: Probate Proceedings Other Than Trusts Rule 7.11 Appointment of Special Administrator (Amended eff. 7/1/09) ............................................ 7-8

Exceptions & meaning →

Rule 7.12 — Information to Be Contained in Petitions for Probate of Will and for Letters¶

Rule 7.12 Information to Be Contained in Petitions for Probate of Will and for Letters Testamentary; For Letters of Administration; or For Letters of Administration with Will Annexed (Probate Code Section 8000 et Seq.) (Amended eff. 7/1/09) ................................ 7-8 Rule 7.13 Preparation of Orders (Amended eff. 7/1/09)....................................................................... 7-9 Rule 7.14 Interest on Funeral and Interment Claims (Amended eff. 7/1/09) ........................................ 7-10 Rule 7.15 Real Estate in Inventory and Appraisal (Amended eff. 7/1/09) ............................................ 7-10 Rule 7.16 Cash Deposit (Amended eff. 7/1/09).................................................................................... 7-11 Rule 7.17 Second Deeds of Trust (Amended eff. 7/1/09) ..................................................................... 7-11 Rule 7.18 Earnest Money Deposit by Overbidder (Amended eff. 7/1/09) ........................................... 7-11 Rule 7.19 Appearances of Counsel (Amended eff. 7/1/09).................................................................. 7-11 Rule 7.20 Conditional Sales of Real Property (Amended eff. 7/1/09) ................................................. 7-12 Rule 7.21 Broker’s Commissioners (Amended eff. 7/1/09)................................................................ 7-12 Rule 7.22 Statutory Compensation for Personal Representative and Attorney Fees (Amended eff. 7/1/09) ................................................................................................................................ 7-13 Rule 7.23 Partial Allowance of Statutory Compensation or Attorney Fees (Amended eff. 7/1/09) 7-13

Exceptions & meaning →

Rule 7.24 — Apportionment of Statutory Compensation Between Two or More Personal¶

Rule 7.24 Apportionment of Statutory Compensation Between Two or More Personal Representatives (Amended eff. 7/1/09) ............................................................................... 7-14

Exceptions & meaning →

Rule 7.25 — Extraordinary Compensation for Personal Representative; Extraordinary…¶

Rule 7.25 Extraordinary Compensation for Personal Representative; Extraordinary Attorney Fees (Amended eff. 7/1/09) ......................................................................................................... 7-14 Rule 7.26 Distributive Contingencies (Amended eff. 7/1/09).............................................................. 7-15 Rule 7.27 Contents of Decree of Partial or Final Distribution (Amended eff. 1/1/10)........................ 7-16 Rule 7.28 Distributions to Trusts (Amended eff. 1/1/10).................................................................... 7-17 Rule 7.29 Joint Tenancy Assets (Amended eff. 7/1/09)....................................................................... 7-17

Table of Contents - 5

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 10¶

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

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

Number Rule Page

Exceptions & meaning →

Rule 12 — MISDEMEANOR CRIMINAL CASES¶

RULE 12 MISDEMEANOR CRIMINAL CASES Rule 12.1 through 12.99 [RESERVED] ........................................................................................................................ 12-1

RULE 13 APPEALS

Exceptions & meaning →

Rule 13.1 — Fee Waiver Applications for Matters Being Appealed to the Court of Appeal…¶

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

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

Exceptions & meaning →

Rule 14.2 — Trial Management (Eff. 1/1/10)…¶

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 15.51 Continuance of Hearing Where Conservatee Not Served with Citation (Eff. 7/1/09) ........ 15-26

Table of Contents - 7

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 12¶

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

SUBJECT MATTER INDEX

INDEX OF LOCAL FORMS – BY FORM NUMBER

INDEX OF LOCAL FORMS – ALPHABETICAL

Table of Contents - 8

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 13¶

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 and Probate 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 January 1, 2010; adopted effective January 1, 1998.)

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

1-1

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 14¶

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.)

1-2

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 15¶

Superior Court of California County of Solano

Rule 2 – Felony Criminal Cases

2.1 APPLICATION OF RULES

These rules apply to all felony criminal cases pending on, or filed on or after, January 1, 1998. For the purpose of these rules the term "felony criminal cases" does not include traffic infraction cases or misdemeanor criminal cases.

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

2.2 DIRECT CALENDARING OF CRIMINAL CASES

When a felony criminal case is filed either by complaint or indictment, the matter shall be
assigned, after arraignment, to one judge for all purposes. All felony 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 judges 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 judge and that
notification shall be considered adequate and appropriate for all purposes. The
assignment of a felony criminal case to a judge as provided in this paragraph shall be by a
random process, and the assignment to the judge shall be deemed for all purposes.

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

2.3 NOTIFICATION OF THE PARTIES OF ASSIGNMENT TO ONE JUDGE FOR ALL PURPOSES

If the parties are not notified of the assignment to one judge for all purposes in open court then the Clerk of the Court, after a judge 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 2.3 adopted effective January 1, 1998.)

2.4 PEREMPTORY CHALLENGE OF JUDGE ASSIGNED FOR ALL PURPOSES

Upon a peremptory challenge of a judge assigned for all purposes to a felony criminal case the case shall be reassigned pursuant to rule 1.5 of these rules.

(Rule 2.4 amended effective January 1, 2010; adopted effective January 1, 1998.)

2-1

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 16¶

Superior Court of California County of Solano

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 17¶

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.)

3-1

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 18¶

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.)

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.

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

3-2

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 19¶

Superior Court of California County of Solano

Rule 3 – Civil Cases

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.

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

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.

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.)

3-3

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 20¶

Superior Court of California County of Solano

Rule 3 – Civil Cases 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 January 1, 2012; 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.)

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 so advises the judicial assistant of the department hearing the matter at
the telephone number indicated in the tentative ruling no later than 4:30 p.m. on
the court day preceding the hearing, and further advises that such party has
notified all other parties of its intention to appear and argue.
(Subd (b) amended effective July 1, 2010; adopted as Rule 3.15 effective January
1, 1998; relettered as subd (b) effective January 1, 2010.)

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 INCLUDE 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.)

3-4

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 21¶

Superior Court of California County of Solano

Rule 3 – Civil Cases

(Rule 3.9 amended effective January 1, 2012; 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, and July 1, 2011.)

3.10 [RESERVED]

3.11 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 3.11 renumbered effective January 1, 2010; adopted as Rule 3.19 effective January 1, 1998.)

3.12 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 3.12 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.)

3.13 EX PARTE MATTERS

Ex parte matters will be heard daily only upon appointment scheduled directly with the designated department. Said application shall comply with California Rules of Court 3.1200-3.1207, and shall be heard only upon presentation of a receipt demonstrating payment of the requisite filing fees.

(Rule 3.13 amended effective July 1, 2011; 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.)

3-5

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 22¶

Superior Court of California County of Solano

Rule 3 – Civil Cases

3.14 ORDERS REGARDING ORDERS TO SHOW CAUSE, TEMPORARY RESTRAINING ORDERS, AND INJUNCTIONS [Repealed]

(Rule 3.14 repealed effective July 1, 2011; adopted as Rule 3.25 effective January 1, 1998; renumbered effective January 1, 2010.)

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

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

3.17 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.)

3-6

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 23¶

Superior Court of California County of Solano

Rule 3 – Civil Cases

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.)

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

3-7

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 24¶

Superior Court of California County of Solano

Rule 3 – Civil Cases

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.
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

3-8

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 25¶

Superior Court of California County of Solano

Rule 3 – Civil Cases

additional documents are located or determined appropriate to be
included in the record.
(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.)

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

3-9

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 26¶

Superior Court of California County of Solano

Rule 3 – Civil Cases

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

(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.
(Subd (2) amended effective July 1, 2010; adopted effective July 1, 2005.)

(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.
(Subd (3) amended effective July 1, 2010; adopted effective July 1, 2005.)

(4) The parties may agree upon a shorter time frame for briefing by written
stipulation filed with the court.
(Subd (4) adopted effective July 1, 2005.)

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

3-10

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 27¶

Superior Court of California County of Solano

Rule 3 – Civil Cases

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 3.17 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.)

3.18 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 3.18 renumbered effective January 1, 2010; adopted as Rule 3.29 effective January 1, 2009.)

3-11

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 28¶

Superior Court of California County of Solano

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 29¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation 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.)

(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

4-1

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 30¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

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.
(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.)

4-2

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 31¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

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.)

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 repealed 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,

Exceptions & meaning →

Rule 3.720 — et seq., the Clerk of the Court will schedule the first Case Management¶

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.)

4-3

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 32¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

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.)

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.

4-4

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 33¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

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

e. TELEPHONIC APPEARANCE AT CASE MANAGEMENT CONFERENCES
Litigants wishing to appear at a case management conference by telephone per
California Rules of Court, rule 3.670, shall do so through CourtCall LLC, a
private telephonic appearance provider with whom the court has contracted, or
any other telephonic appearance provider as designated by the court. The
telephone number of CourtCall is (888) 88-COURT or (310) 342-0888. Counsel
wishing to avail themselves of this service shall note and follow the rules and
schedule of the individual department concerning the use of CourtCall, and shall
be solely responsible for all fees and costs charged by CourtCall for this service.
(Subd (e) amended effective January 1, 2010; adopted effective January 1, 1998;
previously amended effective October 1, 2002, July 1, 2005, and January 1,
2009.)

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.

4-5

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 34¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

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

(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.)

(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.)

4-6

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 35¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation 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, 2002, and January 1, 2010.)

4-7

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 36¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

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.

(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,

Exceptions & meaning →

Rule 3.870 — et seq.).¶

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.

4-8

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 37¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

(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.
(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.)

4-9

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 38¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

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.

(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 (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 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.)

4-10

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 39¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

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.)

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 dislosure 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

4-11

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 40¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

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,
(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;

(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

4-12

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 41¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

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.

(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.)

4-13

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 42¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation 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;

(3) Copies of pertinent medical reports;

(4) Other reports by experts;

4-14

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 43¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

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

4-15

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 44¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation a. REQUIRED PARTICIPANTS
The lead trial counsel shall, unless excused by the court, appear at the Trial
Management Conference prepared to respond to any questions the court may pose
about the case.
(Subd (a) relettered effective January 1, 2010; adopted as unlettered portion of
Rule 4.12 effective January 1, 1998; previously amended effective July 1, 2005.)

b. TRIAL MANAGEMENT CONFERENCE REPORTS
On a form designated by the court (local form no. 3006), each counsel shall
complete, file and serve on all parties a completed Trial Management Conference
Report at least five (5) court days before the date set for the Trial Management
Conference. 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;

(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

4-16

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 45¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

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.

(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; and,

(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.)

4-17

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 46¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

(Subd (b) amended effective January 1, 2012; 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.)

c. EXCLUSION OF EVIDENCE AND TESTIMONY AT TRIAL
The testimony of witnesses who are not listed in the Trial Management
Conference Report, or documents, or other exhibits, portions of depositions,
answers to interrogatories or responses to requests for admissions, which are not
listed in the Trial Management Conference Report, shall not be admitted at the
trial. However, the trial judge, in his or her sole discretion and upon a showing a
good cause, may permit the testimony of witnesses who are not listed in the Trial
Management Conference Report and may allow the admission of exhibits or
portions of discovery which are not listed in the Trial Management Conference
Report.
(Subd (c) amended and relettered effective January 1, 2010; adopted as
unlettered portion of Rule 4.12 effective January 1, 1998; previously amended
effective July 1, 2005.)

(Rule 4.10 amended effective January 1, 2012; 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.)

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.)

4-18

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 47¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation 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.
(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.)

4-19

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 48¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

h. TELEPHONIC APPEARANCES
Litigants wishing to appear by telephone per California Rules of Court, rule
3.670, shall do so through CourtCall LLC, a private telephonic appearance
provider with whom the court has contracted, unless the court has designated a
different provider. The telephone number of CourtCall is (888) 88-COURT or
(310) 342-0888. Counsel wishing to avail themselves of this service shall note
and follow the rules and schedule of the individual department concerning the use
of CourtCall, and shall be solely responsible for all fees and costs charged by
CourtCall for this service.
(Subd (h) amended effective January 1, 2010; adopted effective January 1, 2009.)

(Rule 4.12 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.)

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.)

4-20

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 49¶

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation

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.
(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.)

4-21

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 50¶

Superior Court of California County of Solano

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 51¶

Superior Court of California County of Solano

Rule 5 – Family Law

5.1 SCOPE OF RULE 5; APPLICABILITY TO PARTIES AND COUNSEL

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) amended effective January 1, 2008.)

b. MATTERS TO WHICH RULE 5 APPLIES
Rule 5 applies to all family law matters, which shall include the following:

(1) Actions filed under the California Family Code;

(2) Post-judgment marital or domestic partnership actions involving omitted
or reserved property issues;

(3) Non-marital actions consolidated for trial with Family Code actions;

(4) Enforcement and/or modification of sister state and foreign family law
orders and judgments;

(5) All other matters in which family law issues are present or that have been
assigned for adjudication to the Family Law Division, including but not
limited to, discovery matters concerning family law issues and Department
of Child Support Services proceedings.
(Subd (b) amended effective January 1, 2008.)

c. MATTERS TO WHICH RULE 5 DOES NOT APPLY
Except as provided in another local rule, Rule 5 does not apply to child custody
matters filed pursuant to the California Probate Code (Guardianships) or filed
pursuant to the California Welfare and Institutions Code (Dependency).
(Subd (c) amended effective July 1, 2008; previously amended effective January
1, 2008.)

d. APPLICABILITY OF RULES TO PARTIES AND COUNSEL
Unless otherwise required by law or a provision of this Rule 5, or the context of a
specific provision, Rule 5 applies to the parties, to the attorneys of represented
parties, and to minor’s counsel.
(Subd (d) adopted effective January 1, 2008.)

5-1

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 52¶

Superior Court of California County of Solano

Rule 5 – Family Law

(Rule 5.1 amended effective July 1, 2008; adopted effective July 1, 1988; previously amended effective August 1, 2002, and January 1, 2008.)

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, 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) amended effective January 1, 2008.)

b. NOTIFICATION OF ASSIGNED JUDICIAL OFFICER
The Clerk of the Court shall notify the parties of the assignment of the case to the
judicial officer by designating on the Summons and Petition the judicial officer to
whom the case has been assigned.
(Subd (b) amended effective January 1, 2008.)

c. PEREMPTORY CHALLENGE TO JUDICIAL OFFICER
A peremptory challenge to a judicial officer to whom a case has been assigned
shall be filed within fifteen days of the party’s first appearance in the action
unless required earlier by law.
(Subd (c) amended effective January 1, 2008.)

d. NON-STIPULATION TO SUBORDINATE JUDICIAL OFFICER
A lack of consent to the matter being heard by a subordinate judicial officer to
whom a case has been assigned shall be filed within fifteen days of the party’s
first appearance in the action unless required earlier by law.
(Subd (d) amended effective January 1, 2008.)

(Rule 5.2 amended effective January 1, 2008; adopted effective August 1, 2002.)

5.3 USE AND COMPLETENESS OF JUDICIAL COUNCIL AND SOLANO COUNTY FORMS

a. USE OF CURRENT FORMS
Except as otherwise permitted by the California Rules of Court, all documents
presented for filing must be submitted on the most current Judicial Council and
Superior Court of Solano County local forms. However, the Clerk of the Court

5-2

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 53¶

Superior Court of California County of Solano

Rule 5 – Family Law

may establish a period during which any out-dated form may be accepted after the
effective date of the new form. Any Judicial Council form or local form that is
designated mandatory must be used, and the court shall not accept any substitute
for filing (reference: Cal. Rules of Court, rule 1.31.)
(Subd (a) amended effective July 1, 2009; previously amended effective January
1, 2008.)

b. FILING OF MOVING AND RESPONDING PAPERS
Moving and responding papers shall be filed with the Family Law Clerk’s Office
and they shall contain the following information in the caption:

(1) Nature of motion, including the relief requested;

(2) Hearing date, if known at the time of filing;

(3) Hearing time, if known at the time of filing; and,

(4) Assigned department, if known at the time of filing.
(Subd (b) amended effective January 1, 2008.)

c. REJECTION OF INCOMPLETE PAPERS FOR FILING
Except as otherwise provided by the Solano County Local Rules or by the
California Rules of Court, the Family Law Clerk’s Office shall not accept for
filing any form, document or pleading which is not in compliance with the Solano
County Local Rules or the California Rules of Court, and/or not complete when
presented for filing. The Family Law Clerk’s Office shall maintain for public
distribution a sample guide about the form of papers to be filed.
(Subd (c) amended effective January 1, 2010; previously amended effective
January 1, 2008.)

d. CONFORMED COPIES OF PLEADINGS
Applicants needing conformed copies of a filed motion at the time of filing must
bring copies for conformance. This requirement does not apply to requests for
domestic violence restraining orders. Parties are expected to have endorsed-filed
copies of all filed papers with them at each and every court appearance.
(Subd (d) adopted effective January 1, 2008.)

e. USE OF SUPERIOR COURT OF CALIFORNIA, COUNTY OF SOLANO CASE NUMBER
The Superior Court of California, County of Solano case number shall be on each
paper filed. A party shall not add any numbers, letters or other designations to the

5-3

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 54¶

Superior Court of California County of Solano

Rule 5 – Family Law

case number, either as a prefix or a suffix, on any pleading filed with the court.
The case number shall have the following format:

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

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

(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 adopted effective July 1, 2008.)

(Rule 5.3 amended effective January 1, 2010; adopted as Rule 5.5 effective July 1, 1988;
previously amended effective August 1, 2002; amended and renumbered as Rule 5.3
effective January 1, 2008; amended effective July 1, 2008, and July 1, 2009.)

5.4 FILING AND SERVICE OF SUMMONS, PETITION, MOVING, RESPONSIVE, AND OTHER PLEADINGS

a. FILING AND SERVICE OF SUMMONS AND PETITION
The Summons and Petition shall be filed and served on the opposing party or
attorney in accordance with the applicable provisions of Part 2, Title 5 of the
Code of Civil Procedure sections, generally 410.10 through 418.11.
(Subd (a) amended effective January 1, 2008.)

5-4

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 55¶

Superior Court of California County of Solano

Rule 5 – Family Law

b. FILING AND SERVICE OF MOVING AND RESPONSIVE PLEADINGS AND
SUPPORTING DOCUMENTS

(1) Moving and responsive pleadings and their supporting documents shall be
filed and served on the opposing party or attorney in accordance with
Code of Civil Procedure section 1005.
(Subd (1) amended and renumbered effective January 1, 2008; adopted as
unnumbered part of Rule 5.3, subd (b) effective July 1, 1988.)

(2) Responsive pleadings, supporting documents, or other pleadings relevant
to a matter scheduled for hearing may be filed or served late for good
cause or if the opposing party or counsel expressly consents on the record
to the late service, and the original of the pleading and supporting
documents are delivered to the assigned department by 2:30 p.m. on the
court day before the scheduled hearing. Nothing in this rule limits the
court’s discretion to disregard a late filing.
(Subd (2) amended effective July 1, 2008; previously amended and
renumbered effective January 1, 2008; adopted as unnumbered part of
Rule 5.3, subd (b) effective July 1, 1988.)

c. FORMS TO BE INCLUDED WITH MOVING AND RESPONSIVE PAPERS
In addition to any forms required by the California Rules of Court, all moving
papers and responsive papers shall be accompanied by the applicable forms
specified in Rule 5 of the Solano County Local Rules.
(Subd (c) amended effective January 1, 2010; adopted effective January 1, 2008.)

d. 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 shall submit the request on an Application for
Order For Publication of Summons (Solano County Local Form no. 322) and a
Declaration in Support of Application for Order for Publication of Summons
(Solano County Local Form no. 323).
(Subd (d) amended effective January 1, 2010; adopted effective July 1, 2008.)

e. 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 (e) adopted effective January 1, 2009.)

5-5

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 56¶

Superior Court of California County of Solano

Rule 5 – Family Law

(Rule 5.4 amended effective January 1, 2010; adopted as Rule 5.3 effective July 1, 1988; previously amended effective August 1, 2002, and July 1, 2005; amended and renumbered as Rule 5.4 effective January 1, 2008; amended effective July 1, 2008, and January 1, 2009.)

5.5 SERVICE

a. FILING PROOF OF SERVICE
Proof of service in all family law matters shall be filed with the Clerk of the Court
at least five days prior to the hearing. If no proof of service of the moving papers
is filed with the court prior to the time set for hearing, the matter may be taken off
calendar.
(Subd (a) amended effective January 1, 2010; amended effective January 1,
2008.)

b. SERVICE OF PLEADINGS AFTER ENTRY OF STATUS-ONLY JUDGMENT
Family Code section 215, requiring service of pleadings or other court papers
directly upon a party after entry of a judgment, does not apply to pleadings or
papers served after the entry of a bifurcated status-only judgment where
jurisdiction is reserved over other issues.
(Subd (b) amended effective January 1, 2010; amended effective January 1,
2008.)

c. NOTICE TO ATTORNEY OF RECORD OF SUBSEQUENT PROCEEDINGS
After a final judgment has been entered, the attorney of record for a party shall
continue as attorney of record, and shall be given a courtesy copy of all
subsequent pleadings or papers filed in such action, unless the attorney formally
withdraws from the matter by stipulation, order, or pursuant to Code of Civil
Procedure, section 285.1.
(Subd (c) amended effective January 1, 2010; previously amended effective
January 1, 2008.)

d. USE OF JUDICIAL COUNCIL PROOF OF SERVICE FORMS
In matters not involving domestic violence restraining orders or other restraining
orders, parties are strongly encouraged to use the appropriate Judicial Council
forms for proofs of service.
(Subd (d) amended effective January 1, 2010; adopted effective January 1, 2008.)

e. PROOF OF SERVICE FOR SUMMONS SERVED BY PUBLICATION
Where the court has ordered service of a summons by publication, the petitioner
shall file a proof of service demonstrating that the summons has been published as

5-6

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 57¶

Superior Court of California County of Solano

Rule 5 – Family Law

ordered and showing the first day of publication of the summons. A copy of the published summons or an affidavit from the newspaper of general circulation shall be attached to the proof of service. (Subd (e) adopted effective July 1, 2008.)

(Rule 5.5 amended effective January 1, 2010; adopted as Rule 5.4 effective July 1, 1988; previously amended effective August 1, 2002; previously amended and renumbered as Rule 5.5 effective January 1, 2008; amended effective July 1, 2008.)

5.6 DECLARATIONS

a. CONTENT OF DECLARATIONS
Supporting and responding declarations shall be made on personal knowledge,
shall set forth only admissible evidence, and shall show affirmatively that the
declarant is entitled to the relief or order requested and is competent to testify to
the matters stated therein. The court will not grant an application based on
declarations that contain solely conclusions or inadmissible statements.
(Subd (a) amended and relettered effective January 1, 2008; adopted as
unlettered subdivision to Rule 5.6 effective July 1, 1988.)

(Rule 5.6 amended effective January 1, 2008; adopted effective July 1, 1988; previously
amended effective August 1, 2002.)

5.7 EX PARTE APPLICATION FOR ORDER; ORDERS SHORTENING AND EXTENDING TIME

a. EX PARTE APPLICATIONS GENERALLY
Ex parte applications are extraordinary remedies. Most ex parte applications are
appropriate only where irreparable harm or immediate danger needs to be
addressed before a motion or an Order to Show Cause can be heard, or if good
cause is shown for the granting of an order shortening time.
(Subd (a) adopted effective January 1, 2008.)

b. REQUIREMENTS FOR DECLARATION IN SUPPORT OF AN EX PARTE ORDER
All applications for ex parte relief shall comply with California Rules of Court,
rules 3.1201 and 3.1202. Absent good cause, a written declaration that supports
the ex parte relief requested shall be required in all cases.
(Subd (b) amended and relettered effective January 1, 2008; adopted as subd (a)
effective January 1, 1988.)

5-7

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 58¶

Superior Court of California County of Solano

Rule 5 – Family Law

c. DISCLOSURE THAT THE APPLICATION CHANGES THE STATUS QUO
The applicant shall disclose whether his or her request modifies a court order, an
agreement, or a practice of the parties.
(Subd (c) amended and relettered effective January 1, 2008; adopted as subd (b)
effective January 1, 1988.)

d. EX PARTE NOTICE REQUIREMENTS
Before submitting an ex parte application for the court's consideration, the
applicant shall comply with the procedures in Family Code sections 241 through
246 inclusive, 2045, 3060 through 3064 inclusive, 6320 through 6340 inclusive,
and California Rules of Court. Unless otherwise stated in the Solano County
Local Rules, the applicant must comply with all requirements for a declaration
setting forth that NOTICE of the ex parte request has been given to the other party
or the reason notice has not been given. At the time of submission of the
application, a completed Declaration Re Notice Upon Ex Parte Application for
Orders (Solano County Local Form no. 1070) or a declaration in substantial
compliance therewith, shall accompany all applications for ex parte orders, except
those specified in Family Code sections 6200 et seq., and shall be filed before the
ex parte hearing. The moving party shall make available a copy of the filed
Declaration Re Notice Upon Ex Parte Application for Orders to the judicial
officer, and to the opposing party or attorney if one appears, at the time of the ex
parte hearing, or the ex parte hearing may be ordered rescheduled.
(Subd (d) amended effective January 1, 2010; adopted as subd (c) effective
January 1, 1988; previously amended July 1, 2005; amended and relettered as
subd (d) effective January 1, 2008.)

e. EX PARTE APPLICATIONS WITHOUT NOTICE
The court may hear an application without notice for good cause, which may
include, but not be limited to, the following:

(1) Notice could not be given after a good faith effort to do so;

(2) The moving party presents proof that the other party in the matter does not
oppose the application;

(3) The applicant would suffer immediate and irreparable injury if notice were
given; or,

(4) The request is for an order directing the parties to attend mediation or to
file and serve an Income and Expense Declaration (Judicial Council form
FL-150).

5-8

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 59¶

Superior Court of California County of Solano

Rule 5 – Family Law

(Subd (e) amended and relettered effective January 1, 2008; adopted as subd (d)
effective January 1, 1988.)

f. PROCEDURE GENERALLY FOR PROCURING EX PARTE ORDER

(1) To determine whether, if taken as true, the moving papers demonstrate
irreparable harm or immediate danger or otherwise set forth good cause
for granting an order shortening time, the assigned judicial officer shall
consider the requesting party’s papers and, in his or her discretion,
determine that the matter should be addressed in an ex parte hearing, or
with an order shortening time for notice or for a hearing, or with a
regularly set motion or Order to Show Cause. All ex parte applications
must be submitted for screening by 1:00 p.m. for consideration on that
same court day. Presenting the ex parte motion for this screening process
does not in and of itself constitute submission of the motion for the court’s
consideration per Solano County Local Rules, rule 5.7(d), above.
(Subd (1) adopted effective January 1, 2008.)

(2) At the ex parte hearing, the party requesting ex parte orders must inform
the judicial officer whether the opposing party is represented by counsel or
is unrepresented.
(Subd (2) amended and renumbered effective January 1, 2008; adopted as
subd (e)(1) effective January 1, 1988.)

(3) If the opposing party has counsel, the moving party must inform the
judicial officer of the name, address and telephone number of the opposing
counsel and whether notice has been given to opposing counsel. Unless
excused or otherwise ordered by the court or excused pursuant to the
Solano County Local Rules, the notice must be given no later than 10:00
a.m. the court day before the ex parte appearance and shall include the
date, time, and place the request will be made, a summary of the relief
requested, and the facts upon which the request will be made. In its
discretion, the court may require that the entire moving papers package

must be served in a prescribed manner upon the opposing party or
attorney, at a specified time before the ex parte hearing.
(Subd (3) amended effective July 1, 2008; adopted as subd (e)(2) effective
January 1, 1988; previously amended and renumbered effective January
1, 2008.)

5-9

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 60¶

Superior Court of California County of Solano

Rule 5 – Family Law

(4) If the opposing party is not represented by counsel, notice to the other
party must be given pursuant to California Rules of Court, rule 3.1203,
unless said notice is excused by the court or excused pursuant to the
Solano County Local Rules. Notice shall include the date, time, and place
the request will be made, a summary of the relief requested and the facts
upon which the request will be made. In its discretion, the court may
require that the entire moving papers package must be served in a
prescribed manner upon the opposing party or attorney, at a specified time
before the ex parte hearing.
(Subd (4) amended and renumbered effective January 1, 2008; adopted as
subd (e)(3) effective January 1, 1988.)

(Subd (f) amended effective July 1, 2008; adopted as subd (e) effective January 1,
1988; previously amended and relettered effective January 1, 2008.)

g. REQUIREMENTS FOR PARTICULAR EX PARTE ORDERS

(1) Exclusive Use of a Motor Vehicle
The court will not grant an application for exclusive use of a vehicle
without notice to the other party unless the declaration demonstrates that
the opposing party has suitable transportation available or requires no such
transportation.

(2) Removal From a Residence
The court will not grant an application removing a party from a residence
without notice to the removed party except in exceptional circumstances
and unless the declaration demonstrates the facts required by Family Code
section 6321.

(3) Children
The court will not grant an application establishing or modifying custody
of children (with or without notice) unless the declaration demonstrates
exceptional circumstances.

(Subd (g) amended effective January 1, 2012; adopted as subd (f) effective
January 1, 1988; amended and relettered effective January 1, 2008.)

h. CONFORMING EX PARTE COURT ORDERS
The applicant must conform copies of the ex parte orders to the original order
signed by the court prior to filing and causing service of the copies.

5-10

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 61¶

Superior Court of California County of Solano

Rule 5 – Family Law

(Subd (h) amended and relettered effective January 1, 2008; adopted as subd (g)
effective January 1, 1988.)

i. SET ASIDE OF EX PARTE ORDER
If a responding party requests an ex parte order be set aside prior to the date set
for hearing, notice shall be given to the moving party unless such notice is waived
by order of court for good cause shown by declaration. The court may order an
earlier hearing date or modify the order on a proper showing in lieu of setting
aside the order.
(Subd (i) amended effective January 1, 2010; adopted as subd (h) effective
January 1, 1988; previously amended and relettered as subd (i) effective January
1, 2008; amended effective July 1, 2008.)

j. ORDERS SHORTENING AND EXTENDING TIME
An order shortening time for service per Code of Civil Procedure section 1005 or
extending the duration of ex parte orders per Family Code section 245 will not be
granted unless supported by a written declaration demonstrating good cause. A
request for an order shortening time shall be sought through the court’s ex parte
screening process as described in Solano County Local Rules, rule 5.7(f)(1).

(1) If an order shortening time for service is requested, the supporting
declaration shall state whether the responding party is represented by
counsel, the name and address of the responding party's attorney, and
whether that attorney has been contacted and has agreed to the date and
time proposed for the hearing. If the responding party's attorney, or the
responding party if self-represented, has not been contacted or has not
agreed to the proposed setting, the moving party’s supporting declaration
shall clearly demonstrate why the hearing should be set on the proposed
date without the consent of the opposing attorney or self-represented
party. Provision for immediate delivery of the pleadings to the opposing
attorney or self-represented party shall be set forth in the order.
(Subd (1) amended effective January 1, 2008.)

(2) As a general rule, a declaration in support of an order shortening time for
service must show emergency circumstances unless it is to enable a
responding party to file moving papers and obtain affirmative relief on the
same hearing date and time previously set by the moving party.
Anticipated problems of serving the responding party will not be sufficient
basis for an order shortening time for service.
(Subd (2) amended effective August 1, 2002.)

5-11

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 62¶

Superior Court of California County of Solano

Rule 5 – Family Law

(Subd (j) amended and relettered effective January 1, 2008; adopted as subd (i)
effective January 1, 1988; previously amended effective August 1, 2002.)

k. PAYMENT OF EX PARTE FILING FEE
The filing fee applicable to ex parte applications shall be paid before the date and
time of the ex parte hearing, except as specifically permitted by the court. A copy
of the receipt reflecting payment of the ex parte filing fee shall be provided to the
judicial officer at the time of the ex parte hearing, or the ex parte hearing may be
ordered rescheduled.
(Subd (k) amended and relettered effective January 1, 2008; adopted as subd (j)
effective July 1, 2005.)

(Rule 5.7 amended effective January 1, 2010; adopted effective July 1, 1988; previously
amended August 1, 2002, July 1, 2005, January 1, 2008, and July 1, 2008.)

5.8 SPECIAL PROCEDURES FOR EX PARTE APPLICATIONS FOR ORDERS AND EX PARTE APPLICATIONS FOR INJUNCTIVE RELIEF PERTAINING TO DOMESTIC VIOLENCE [Repealed]

(Rule 5.8 repealed effective January 1, 2012; adopted effective July 1, 1988; previously amended effective August 1, 2002, January 1, 2008, and July 1, 2008.)

5.9 LAW AND MOTION CALENDAR

a. MATTERS REQUIRING 20 MINUTES OR LESS
All family law motions, orders to show cause, and other law and motion matters
requiring 20 minutes or less for hearing shall be heard at the hours set by the
court’s calendars.
(Subd (a) amended effective January 1, 2008.)

b. SETTING DATES FOR HEARING
The Family Law Calendar Clerk shall initially provide the times, dates and
assigned department for all hearings on law and motion matters on receipt of
Notices of Motion, Orders to Show Cause, and any other appropriate requests for
other relief or action in family law matters.
(Subd (b) amended effective January 1, 2008.)

c. FILING REQUIREMENTS FOR MOTIONS SEEKING FINANCIAL RELIEF
The Clerk of the Court shall not accept for filing a Notice of Motion or Order to
Show Cause requesting financial relief without the moving party filing an Income
and Expense Declaration (Judicial Council form FL-150) concurrently with the

5-12

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 63¶

Superior Court of California County of Solano

Rule 5 – Family Law

Notice of Motion or Order to Show Cause, unless an Income and Expense
Declaration has been filed within the previous 60 days and that Declaration
remains factually accurate and current. All Income and Expense Declarations
shall comply with California Rules of Court, rule 5.128, and with all instructions
in the Judicial Council form.
(Subd (c) amended effective January 1, 2008.)

d. DROPPING A SCHEDULED HEARING
Both parties shall inform the department to which a matter has been assigned not
later than 12:00 noon the preceding court day if both parties agree no hearing is
needed. Failure to do so may result in the imposition of sanctions against one or
both parties and/or attorneys, in the court’s discretion.
(Subd (d) amended effective January 1, 2008.)

e. CONTINUANCE OF A SCHEDULED HEARING
Except for good cause shown, a court will continue a law and motion matter to
resolve a conflict with a trial involving one of the parties or attorneys.
(Subd (e) amended effective January 1, 2008.)

f. LAW AND MOTION CALENDAR PROCEDURES

(1) Mandatory Meet and Confer Requirements

(a) Meet and Confer Prior to Hearing
Except as provided elsewhere in these rules, upon service of an
Order To Show Cause, a Notice of Motion, or any other documents
for which a hearing has been set, the parties and/or attorneys must
contact each other before the date of the hearing and make at least
one peaceable attempt to settle all of the issues of the hearing.
Each party and attorney must make good faith, reasonable
proposals on all issues, attempting actual settlement thereof. This
settlement attempt may be in writing, by fax or e-mail, by
telephone, or in person. If the issues include child support or
temporary spousal support, the parties or attorneys must exchange
DissoMaster™ or such other computerized support calculations as
authorized by statute and California Rules of Court, rule 5.275, as
part of their settlement attempts.

If after meeting and conferring, the parties or their attorneys both
agree that the hearing is not necessary, both parties or attorneys
must immediately notify the assigned judicial department per

5-13

www.solano.courts.ca.gov January 2012

Superior Court of California County of Solano

Rule 5 – Family Law

(Subd (b) amended and relettered effective January 1, 2008; adopted as Rule
5.18, subd (c) effective July 1, 1988; previously amended effective July 1, 2005.)

c. RESPONDING PARTY’S FAILURE TO APPEAR
If the responding party or attorney fails to appear when the matter is called, the
court may continue the matter and award attorney fees, or enter an order on the
pleadings and testimony of the moving party.
(Subd (c) amended and relettered effective January 1, 2008; adopted as Rule
5.18, subd (d) effective July 1, 1988.)

d. PROCEDURE IF COURT IS NOT AVAILABLE FOR HEARING
If a matter cannot be heard because of the unavailability of the court at the time
for hearing, it may be set in another department and/or continued.
(Subd (d) amended and relettered effective January 1, 2008; adopted as Rule
5.18, subd (e) effective July 1, 1988; previously amended effective August 1,
2002.)

(Rule 5.10 amended and renumbered effective January 1, 2008; adopted as Rule 5.18
effective July 1, 1988; previously amended effective August 1, 2002, and July 1, 2005.)

5.11 CHILD CUSTODY RECOMMENDING COUNSELING

a. PARTIES’ DUTIES

(1) Except as set forth in subsection (2), in all proceedings and actions
pursuant to Family Code sections 3100 through 3104 where there is a
contested issue regarding the custody of or visitation with a minor child,
the matter shall automatically 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.
(Subd. (1) amended and renumbered effective January 1, 2012; previously
adopted as unnumbered part of subd (a).)

(2) If a report from child custody recommending counseling, a custody
investigation, or a custody evaluation has been issued within the six
months immediately preceding the filing of a motion seeking custody or
visitation orders, no child custody recommending counseling appointment
will be automatically set with Family Court Services. Instead, the court
shall determine at the hearing whether child custody recommending
counseling is appropriate. The court may thereafter refer the parties to

5-22

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 73¶

Superior Court of California County of Solano

Rule 5 – Family Law

child custody recommending counseling and issue temporary child
custody orders in the interim pending the next hearing.
(Subd. (2) adopted effective January 1, 2012.)

(Subd (a) amended effective January 1, 2012; previously amended August 1,
2002, and January 1, 2008.)

b. REPORT – FULL AGREEMENT
Where a full agreement has been reached 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) amended effective January 1, 2012; previously amended August 1,
2002, July 1, 2005, and January 1, 2008.)

c. REPORT – PARTIAL OR NO AGREEMENT
Where there is no agreement or only partial 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) amended effective January 1, 2012; adopted as part of Rule 5.20, subd
(b) effective July 1, 1988; previously amended August 1, 2002, and July 1, 2005;
previously amended and relettered effective January 1, 2008.)

d. CALLING THE CHILD CUSTODY RECOMMENDING COUNSELOR AS A WITNESS
In a contested hearing, the child custody recommending counselor may be called
as a witness by either party, minor’s counsel, or the court, and may testify at the
hearing regarding his or her recommendation and the basis therefore. Both parties
and minor’s counsel may examine the counselor with respect to all matters
covered by the written recommendation. A party or attorney calling the counselor
as a witness at any hearing is subject to being assessed expert witness fees
pursuant to Evidence Code sections 730 and 731, and the court may allocate
responsibility for these fees to any party, in its discretion.
(Subd (d) amended effective January 1, 2012; adopted as Rule 5.20, subd (c)
effective July 1, 1988; previously amended effective August 1, 2002; previously
amended and relettered effective January 1, 2008.)

5-23

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 74¶

Superior Court of California County of Solano

Rule 5 – Family Law

e. PRIVACY OF CHILD CUSTODY RECOMMENDING COUNSELING PROCEEDINGS
All child custody recommending counseling proceedings shall be held in private.
All communications from a party, a party’s attorney, the minor child, the child’s
attorney, and/or any collateral contacts or experts designated by any of the above
individuals to the child custody recommending counselor shall be deemed official
information within the meaning of Evidence Code section 1040. The counselor
shall exclude attorneys from the counseling proceeding, absent all parties’
consent or order of the court. In the absence of an agreement between the parties,
the counselor’s recommendation to the court as to the custody or visitation issue
may include, if appropriate, a recommendation for an investigation pursuant to
Family Code section 3110 et seq. or for the issuance of restraining orders to
protect the well-being of the child or children involved in the controversy,
pursuant to Family Code section 3183.
(Subd (e) amended effective January 1, 2012; adopted as Rule 5.20, subd (d)
effective July 1, 1988; previously amended August 1, 2002, and July 1, 2005;
previously amended and relettered effective January 1, 2008.)

f. CONFIDENTIALITY OF CHILD CUSTODY RECOMMENDING COUNSELING
REPORTS IN FAMILY LAW MATTERS
In any proceeding involving the custody or visitation of minor children, any
written report or recommendation from a child custody recommending counselor
or from any person appointed by the court to render a report 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. No person who has access to a report shall make copies of it for any
persons other than the individuals designated above or a person to whom the court
expressly orders access in writing. No disclosure of the contents of a child
custody recommending counseling report shall be made to any child who is the
subject of the report, or to any other minor child. The court may issue sanctions
for violation of this confidentiality rule.
(Subd (f) amended effective January 1, 2012; adopted as Rule 5.20, subd (e)
effective July 1, 1988; previously amended August 1, 2002, and July 1, 2005;
previously amended and relettered effective January 1, 2008.)

g. COPIES OF THE REPORT
The court shall provide a copy of the report to the parties or their respective
attorneys as well as to minor’s counsel by the time of any hearing or other action,
which is the subject of the report, unless otherwise ordered by the court. The
parties shall be entitled to read the report and recommendations prior to the

5-24

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 75¶

Superior Court of California County of Solano

Rule 5 – Family Law

hearing. No copy of any child custody recommending counseling report shall be
disclosed to, nor any contents discussed with, any minor child.
(Subd (g) amended effective January 1, 2012; adopted as Rule 5.20, subd (f)
effective July 1, 1988; previously amended August 1, 2002, and July 1, 2005;
previously amended and relettered effective January 1, 2008.)

h. ADDITIONAL CHILD CUSTODY RECOMMENDING COUNSELING
Upon completion of a child custody recommending counseling session, the court
may, in its discretion, order additional child custody recommending counseling,
which may include interviews of the minors subject to the proceeding. The costs
associated with the additional child custody recommending counseling shall be
paid by the parties, unless the court finds the costs would impose an unreasonable
financial hardship on one or both parties.
(Subd (h) amended effective January 1, 2012; adopted as Rule 5.20, subd (g)
effective July 1, 1988; previously amended August 1, 2002, and July 1, 2005;
previously amended and relettered effective January 1, 2008.)

i. CONTACT WITH CHILD CUSTODY RECOMMENDING COUNSELOR IN CHILD
CUSTODY PROCEEDINGS
All communications between a child custody recommending counselor and a
party or his or her attorney are prohibited, except as provided by Family Code
section 216 and California Rules of Court, rule 5.235.
(Subd (i) amended effective January 1, 2012; adopted as Rule 5.20, subd (h)
effective July 1, 1988; previously amended August 1, 2002, and July 1, 2005;
previously amended and relettered effective January 1, 2008.)

j. GRIEVANCE PROCEDURE -- FAMILY COURT SERVICES CHILD CUSTODY
RECOMMENDING COUNSELORS
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 currently filed with the Solano County
Superior Court;

(b) A party’s attorney; or

5-25

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 76¶

Superior Court of California County of Solano

Rule 5 – Family Law

(2) The complainant must register his or her complaint in writing with
the Court Service Program 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;

(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 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 denied
without further investigation.

(4) Persons making complaints should be aware that all information
contained in the complaint may be made available to all persons
involved in the case.

(5) The manager will conduct an investigation of the matter, which
may include consultation with the child custody recommending
counselor. Within 30 days of filing his or her complaint, the
complainant will be informed in writing of the results of the
manager’s investigation.

(6) The complainant may appeal the manager’s action by noticed
motion to the judicial officer assigned to hear the case.
(Subd (j) amended effective January 1, 2012; adopted as Rule 5.20, subd (i)
effective July 1, 1988; previously amended August 1, 2002; previously amended
and relettered effective January 1, 2008.)

5-26

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 77¶

Superior Court of California County of Solano

Rule 5 – Family Law

k. PEREMPTORY CHALLENGE AGAINST FAMILY COURT SERVICES CHILD
CUSTODY RECOMMENDING COUNSELOR
Peremptory challenges against a Family Court Services child custody
recommending counselor shall not be allowed.
(Subd (k) amended effective January 1, 2012; adopted effective July 1, 2008.)

(Rule 5.11 amended effective January 1, 2012; adopted as Rule 5.20 effective July 1,
1988; previously amended effective August 1, 2002, and July 1, 2005; amended and
renumbered effective January 1, 2008; amended effective July 1, 2008.)

5.12 CHILD CUSTODY AND VISITATION EVALUATION OR INVESTIGATION

a. EVALUATOR OR INVESTIGATOR APPOINTMENT
When the court determines that it is appropriate, the court shall appoint an
evaluator and/or investigator to investigate and report on child custody and
visitation issues pursuant to Family Code section 3110 et seq. or Evidence Code
section 730, and the California Rules of Court. The parties shall negotiate in good
faith as to the important procedural issues involved, including but not necessarily
limited to the selection of the evaluator and/or investigator, the scope of issues to
be evaluated or investigated, the information to be made available to the evaluator
and/or investigator, and the liability of each party for the costs of the evaluation or
investigation. Orders appointing evaluators or investigators must be made on the
designated Judicial Council form and must contain the further non-optional orders
listed in the local form Attachment to Order Appointing Child Custody Evaluator.
(Subd (a) amended effective January 1, 2012; previously amended effective July
1, 2005, January 1, 2008, and January 1, 2010.)

b. CONTACT WITH EVALUATOR OR INVESTIGATOR IN CHILD CUSTODY
PROCEEDINGS
All communications between court-appointed or court-connected investigators or
evaluators and parties or their attorneys are prohibited, except as provided by law
or court order. 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 or investigator’s report and the
conduct of a new evaluation or investigation at the sole expense of the offending
party.
(Subd (b) amended effective January 1, 2012; previously amended effective
January 1, 2008.)

5-27

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 78¶

Superior Court of California County of Solano

Rule 5 – Family Law

c. ACCESS TO EVALUATOR/INVESTIGATOR'S REPORT
Unless the court specifically orders to the contrary, the evaluator and/or
investigator’s report shall be accessible to the parties, their attorneys and the
attorneys' employees or agents, the parties' experts, 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. The report shall not be accessible to any minor
child. Sanctions may be ordered against any party, attorney, expert, or other
person to whom the court has authorized access for disclosing or copying any
portion of the report to the minor child.
(Subd (c) amended effective January 1, 2008.)

d. CONFIDENTIALITY OF EVALUATOR/INVESTIGATOR'S REPORT
The evaluator/investigator's report shall be confidential and unavailable to any
person except the court, the parties, their attorneys, the minor child’s attorney, and
the attorneys' employees or experts or agents, licensed family counselors
professionally involved with the case, and any person to whom the court
expressly grants access by written order made with prior notice to all parties. No
person who has access to a report shall make copies of it for any persons other
than the parties, their attorneys, the minor child’s attorney, the attorneys'
employees or experts or agents, licensed family counselors professionally
involved with the case, or a person to whom the court expressly orders access in
writing. No disclosure of the contents of such a report shall be made to any child
who is the subject of the report, or to any other minor child. Sanctions may be
ordered against any party, attorney, expert, or other person to whom the court has
authorized access for disclosing or copying any portion of the report to the minor
child.
(Subd (d) amended effective January 1, 2008.)

e. CHILD CUSTODY EVALUATIONS/INVESTIGATIONS
The report of an expert witness appointed by the court pursuant to Evidence Code
section 730 or Family Code section 3111 shall be submitted directly to the court
by the evaluator or investigator and, if the parties so stipulate, it shall be received
into evidence without foundation.
(Subd (e) adopted effective January 1, 2008; previously adopted as Rule 5.24,
subd (d) effective July 1, 1988; previously amended effective August 1, 2002.)

f. GRIEVANCE PROCEDURE – EVALUATORS AND INVESTIGATORS
The procedure for processing a complaint concerning a court-appointed evaluator
or investigator shall be as follows:

5-28

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 79¶

Superior Court of California County of Solano

Rule 5 – Family Law

(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 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

5-29

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 80¶

Superior Court of California County of Solano

Rule 5 – Family Law

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 (f) adopted effective January 1, 2008.)

g. PEREMPTORY CHALLENGE AGAINST EVALUATOR OR INVESTIGATOR
Peremptory challenges against an appointed evaluator or investigator shall not be
allowed.
(Subd (g) adopted effective July 1, 2008.)

h. EVALUATOR’S OR INVESTIGATOR’S PETITION FOR WITHDRAWAL FROM A CASE
A private evaluator or investigator 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 and, to the greatest extent
possible, shall be made before the judicial officer that made the appointment.
The petition shall be filed and served in compliance with Code of Civil Procedure
section 1005.
(Subd (h) amended effective January 1, 2012; adopted effective July 1, 2008.)

(Rule 5.12 amended January 1, 2012; adopted as Rule 5.21 effective July 1, 1988;
previously amended effective August 1, 2002, July 1, 2005, January 1, 2008, and July 1,
2008.)

5.13 CHILDREN AND THE COURT; MINOR’S COUNSEL

a. GENERAL POLICY REGARDING A MINOR CHILD’S PRESENCE IN THE
COURTROOM
Unless a child whose custody or visitation is at issue will be addressing the court
or testifying per Family Code section 3042, the presence of children in the
courtroom is discouraged. Minor children may not be brought into the assigned
courtroom without the judicial officer’s prior knowledge. .
(Subd (a) amended effective January 1, 2012; previously amended effective
January 1, 2008.)

b. INTERVIEW OF CHILDREN BY COURT
A judicial officer’s interview of a child subject to a proceeding shall be governed
by the applicable California Rules of Court.
(Subd (b) amended effective January 1, 2012; previously amended effective
January 1, 2008.)

5-30

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 81¶

Superior Court of California County of Solano

Rule 5 – Family Law

c. APPOINTMENT OF COUNSEL FOR CHILD
In any proceeding covered by these rules, the court may, if it finds it would be in
the best interests of the minor child and after consideration of any applicable law
or guideline standards, appoint private counsel to represent the interests of the
child pursuant to Family Code section 3150. When the court appoints counsel to
represent the minor, counsel shall receive a reasonable sum for compensation and
expenses, the amount of which shall be determined by the court. Such amount
shall be paid as the court directs. Nothing shall prohibit a child custody
recommending counselor from advising the court that private counsel for the child
should be appointed pursuant to Family Code section 3150. In making any
recommendation, the child custody recommending counselor shall inform the
court of the reasons why it would be in the minor child's best interests to have
private counsel appointed. Counsel appointed by the court pursuant to Family
Code section 3150 have the duties and powers specified in Family Code section
3151 et seq. except as otherwise ordered.
(Subd (c) amended effective January 1, 2012; previously amended effective
January 1, 2008, and July 1, 2008.)

d. PARENTING ORDERS REGARDING CUSTODY AND VISITATION
The court has adopted model language for incorporation into child custody and
visitation orders. These model orders are an administrative aid only. They are
not effective unless actually issued as orders and are subject to the court’s
modification in every case.
(Subd (d) amended effective January 1, 2012; adopted as Rule 5.24, subd (e)
effective July 1, 1988; amended and relettered effective January 1, 2008.).)

(Rule 5.13 amended effective July 1, 2008; adopted as Rule 5.24 effective July 1, 1988;
previously amended effective August 1, 2002; amended and renumbered as Rule 5.13
effective January 1, 2008.)

5.14 CALCULATION OF CHILD SUPPORT AND TEMPORARY SPOUSAL OR PARTNER SUPPORT

a. COMPUTER PROGRAM SOFTWARE
The court ordinarily uses the CFLR DissoMaster™ computer program in all
family law matters, except as may be otherwise required by state law in
Department of Child Support Services cases.
(Subd (a) amended effective July 1, 2008; previously amended effective January
1, 2008.)

5-31

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 82¶

Superior Court of California County of Solano

Rule 5 – Family Law

b. CALCULATION OF TIMESHARE
The court will determine upon the evidence presented the actual average
annualized timeshare percentage in calculating guideline child support. However,
in the event the court is not provided with any evidence of the actual timeshare,
the court may use an assumption of 20 percent visitation time with the non -
custodial or non-primary custodial parent in calculating guideline child support.
The Time Sharing Arrangements as attached in Appendix 5-A may be used in
calculating guideline child support, in addition to similar charts which are part of
the Judicial Council approved child support computer program software. These
timeshare charts are guidelines only, and the judicial officer shall at all times
exercise discretion in calculating the timeshare percentage.
(Subd (b) amended effective January 1, 2012; adopted effective January 1, 2008.)

c. TEMPORARY SPOUSAL OR PARTNER SUPPORT FORMULA
The court has adopted the Santa Clara temporary spousal or partner support
calculation formula. That is, temporary spousal or partner support shall ordinarily
be computed by taking 40% of the net income of the payor, minus 50% of the net
income of the payee, adjusted for tax consequences. Computerized temporary
spousal or partner support calculations pursuant to software approved by the
Judicial Council apply these assumptions.
(Subd (c) amended and relettered effective January 1, 2008; adopted as Rule
5.23, subd (b) effective July 1, 1988.)

(Rule 5.14 amended effective July 1, 2008; adopted as Rule 5.23 effective July 1, 1988;
previously amended effective August 1, 2002; previously amended and renumbered as
Rule 5.14 effective January 1, 2008.)

5.15 PROCEDURES FOR DOCUMENT SIGNATURE; ORDERS AFTER HEARING AND TRIAL

a. SUBMISSION OF DOCUMENTS REQUIRING A JUDICIAL OFFICER’S SIGNATURE
All documents requiring a judicial officer’s signature (including Orders to Show
Cause and any court orders or judgments) shall be delivered and filed with the
Family Law Clerk’s Office, except as ordered or permitted in the discretion of the
judicial officer assigned to hear the case.
(Subd (a) amended effective January 1, 2008.)

b. FORMAT OF ORDERS
All orders resulting from a hearing, including but not limited to law and motion
hearings and status conferences, shall be submitted on a Findings and Order After

5-32

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 83¶

Superior Court of California County of Solano

Rule 5 – Family Law

Hearing form (Judicial Council form FL-340) and shall include all necessary
attachments.
(Subd (b) adopted effective January 1, 2008.)

c. PREPARATION AND SUBMISSION OF ORDERS AFTER HEARING

(1) If the court orders a party or attorney to prepare a Findings and Order
After Hearing, that party or attorney shall prepare the order and send it to
the opposing party’s attorney if the party is represented, or if not to the
opposing party, within 10 days of the hearing. The Findings and Order
After Hearing shall be on a Findings and Order After Hearing form
(Judicial Council form FL-340) and shall include all necessary
attachments.
(Subd (1) amended effective January 1, 2010; adopted effective January 1,
2008.)

(2) Within 10 days of receiving the proposed Findings and Order After
Hearing, the responding attorney or party shall sign the proposed order
where indicated if it is an accurate order based upon the in-court rulings of
the judicial officer, and shall send it back to the preparing party for filing.
If the responding party or attorney does not agree that the proposed order
is accurate, that attorney or party shall contact the attorney or party who
prepared the order with any requested changes. Alternatively, the
responding attorney or party may prepare his or her own Findings and
Order After Hearing and send it to the other attorney or party for approval.
(Subd (2) amended and renumbered effective January 1, 2008; adopted as
Rule 5.9, subd (b)(1) effective July 1, 1988; previously amended effective
August 1, 2002.)

(3) If the responding attorney or party fails to approve or object to the
proposed order within 10 days of receipt, the preparing party then may
submit the order to the hearing judicial officer for signature. The
proposed order shall be accompanied by a letter (with copy to the
responding party) stating the date the proposed order was provided to the
responding party, explaining that the proposed order has not been signed
by the other party or attorney, and requesting that the judicial officer sign
the order. The letter shall also include evidence, such as a “copy to”
notation, that a copy of the letter and the proposed order were sent to the
other party or attorney.

5-33

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 84¶

Superior Court of California County of Solano

Rule 5 – Family Law

(Subd (3) amended and renumbered effective January 1, 2008; adopted as
Rule 5.9, subd (b)(2) effective July 1, 1988; previously amended effective
August 1, 2002.)

(4) If the party ordered to prepare the Findings and Order After Hearing fails
to prepare and send the order as required, then the other party may prepare
the Findings and Order After Hearing and submit it directly to the hearing
judicial officer without seeking the approval of opposing party or attorney.
A Findings and Order After Hearing submitted pursuant to this rule must
be accompanied by a letter to the hearing judicial officer indicating when
the other party or attorney was ordered to prepare and send the Findings
and Order After Hearing, and evidence such as a “copy to” notation that a
copy of the letter and the proposed order were sent to the other party or
attorney.
(Subd (4) amended and renumbered effective January 1, 2008; adopted as
Rule 5.9, subd (b)(3) effective July 1, 1988; previously amended effective
August 1, 2002.)

(5) If the judicial officer permits the counsel or party preparing an order to
submit the order directly to the judicial officer with a copy to the other
counsel or party, the cover letter to the judicial officer from the preparing
person shall state the date the copy was provided to the other counsel or
party.
(Subd (5) amended and renumbered effective January 1, 2008; adopted as
Rule 5.9, subd (b)(4) effective July 1, 1988; previously amended effective
August 1, 2002.)

(6) If there is a disagreement between the parties concerning the accuracy of
any prepared order prior to entry and filing of the order, then either party
may request the court to compel entry of the order and refer the court to
applicable portions of the hearing transcript. Any such requests shall be
made in writing and a copy shall be served on the opposing attorney or
party.
(Subd (6) amended and renumbered effective January 1, 2008; adopted as
Rule 5.9, subd (b)(5) effective July 1, 1988; previously amended effective
August 1, 2002.)

(7) Attorney fees and costs relating to the preparation of orders after hearing,
including costs of preparing the reporter's transcript, may be awarded upon
noticed motion or on the court’s own motion, for either attorney’s or
party’s unreasonable conduct concerning orders after hearing.

5-34

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 85¶

Superior Court of California County of Solano

Rule 5 – Family Law

(Subd (7) amended and renumbered effective January 1, 2008; adopted as
Rule 5.9, subd (b)(6) effective July 1, 1988; previously amended effective
August 1, 2002.)

(8) Any department hearing matters filed by the Department of Child Support
Services may develop its own rules regarding the submission of
documents or orders for signature.
(Subd (8) amended and renumbered effective January 1, 2008; adopted as
Rule 5.9, subd (b)(7) effective July 1, 1988; previously amended effective
August 1, 2002.)

(Subd (c) amended and relettered effective January 1, 2008; adopted as Rule 5.9,
subd (b) effective July 1, 1988; previously amended effective August 1, 2002.)

d. PREPARATION AND SUBMISSION OF JUDGMENTS AND ORDERS AFTER
EVIDENTIARY HEARINGS OR TRIAL

(1) If the court orders a party or attorney to prepare an order after trial and/or
a judgment, that party or attorney shall prepare the order and send it to the
other party, or the party’s attorney if the party is represented, within 30
days of the hearing.
(Subd (1) adopted effective January 1, 2008.)

(2) Within 20 days of receiving the proposed order after trial and/or judgment,
the responding attorney or party shall sign the proposed order or judgment
as conforming if that attorney or party agrees that the proposed order
reflects the orders made at the hearing or trial, and shall return the signed
order to the preparing party for filing with the court. If the responding
party or attorney does not agree that the proposed order and/or judgment
conforms with the court’s order, that attorney or party shall contact the
attorney or party who prepared the order with any requested changes.
Alternatively, the responding attorney or party may prepare his or her own
proposed order and/or judgment and send it to the other attorney or party
for approval.
(Subd (2) adopted effective January 1, 2008.)

(3) All proposed judgments shall be submitted on the Judgment – Family Law
form (Judicial Council form FL-180), and shall include all necessary
attachments.
(Subd (3) adopted effective January 1, 2008.)

5-35

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 86¶

Superior Court of California County of Solano

Rule 5 – Family Law

(4) Objections to the proposed order after trial and/or the judgment, the
submission of proposed judgments or orders after trial over objection, and
the submission of proposed alternate judgments or Orders After Trial shall
be in conformance with Solano County Local Rules, rule 5.15(c),
subsections 3 through 8.
(Subd (4) adopted effective January 1, 2008.)

(Subd (d) adopted effective January 1, 2008.)

(Rule 5.15 amended and renumbered effective January 1, 2008; adopted as Rule 5.9
effective July 1, 1988; previously amended effective August 1, 2002.)

5.16 FAMILY LAW DISCOVERY MOTIONS

a. JUDICIAL OFFICER ASSIGNED TO HEAR DISCOVERY MOTIONS
The judicial officer assigned to hear a family law matter shall also hear family law
discovery motions brought in that matter.
(Subd (a) amended effective January 1, 2008.)

b. COMPLIANCE WITH THE CODE OF CIVIL PROCEDURE, FAMILY CODE AND
CALIFORNIA RULES OF COURT
Family law discovery motions shall be subject to the provisions of Code of Civil
Procedure sections 2016.010 through 2036.050, Family Code section 2107 where
applicable, and the California Rules of Court.
(Subd (b) amended effective January 1, 2008; previously amended effective July
1, 2005.)

c. FILING OF FAMILY LAW DISCOVERY MOTIONS
Family law discovery motions may not be filed in conjunction with an Order to
Show Cause or Notice of Motion raising other issues.
(Subd (c) amended effective July 1, 2008; previously amended effective January
1, 2008.)

d. CALENDARING FAMILY LAW DISCOVERY MOTIONS
Times and dates for hearings shall be obtained from the calendar clerk. The
moving party shall advise the calendar clerk that the matter to be calendared is a
family law discovery motion.
(Subd (d) amended effective January 1, 2008.)

5-36

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 87¶

Superior Court of California County of Solano

Rule 5 – Family Law

(Rule 5.16 amended effective July 1, 2008; adopted as Rule 5.17 effective July 1, 1988; previously amended effective August 1, 2002; amended and renumbered as Rule 5.16 effective January 1, 2008.)

5.17 STATUS CONFERENCES AND STATUS CONFERENCE REPORTS

a. PROCEDURE FOR SETTING A STATUS CONFERENCE
In dissolution of marriage, nullity of marriage, or legal separation matters, a status
conference shall not be set unless and until the moving 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. Upon satisfying the disclosure requirement in dissolution of
marriage, nullity of marriage, or legal separation matters, and at any time in all
other family law matters to which Rule 5 applies, a party may place a case on the
Status Conference Calendar by filing a Status Conference Report (Solano County
Local Form no. 890 or 890-UPA), 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 on an appropriate Judicial Council proof of service form or
declaration in substantial compliance with the Judicial Council form. The court
may set a case on the status conference calendar at its discretion. For good cause
shown at the status conference or on the court’s own motion, the status conference
may be taken off calendar or continued one or more times. No status conference
may be continued or taken off calendar without court permission. Status
conferences shall be used generally to assess the readiness of a case for
meaningful settlement conference and/or trial, and no party shall obtain a
settlement conference or trial date except by court permission at a status
conference, unless otherwise specifically permitted by the court. Status
conferences may be utilized at the court’s discretion for any other purpose
deemed appropriate, such as for setting trial management conferences.
(Subd (a) amended effective January 1, 2010; previously amended effective
January 1, 2008, July 1, 2005, January 1, 2008, and January 1, 2009.)

b. FILING AND SERVICE OF STATUS CONFERENCE REPORT
At least seven calendar days before the scheduled status conference, each party
(or their counsel) shall file with the court and serve a completed Status
Conference Report – Family Law (Solano County Local Form no. 890 or 890 -
UPA) on the other party. 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

5-37

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 88¶

Superior Court of California County of Solano

Rule 5 – Family Law

on an appropriate Judicial Council proof of service form or declaration in
substantial compliance with the Judicial Council form.
(Subd (b) amended effective January 1, 2010; previously amended effective July
1, 2005, and January 1, 2008.)

c. NOTICE OF SUBSEQUENT STATUS CONFERENCES
At each status conference, the parties and their counsel, if any, will be given
notice of the time, date, and place of the subsequent status conference. For good
cause shown at the conference or on the court’s own motion, the subsequent status
conference may be taken off calendar.
(Subd (c) amended effective January 1, 2008.)

d. SANCTIONS
The court may impose sanctions if:

(1) A Status Conference Report is not timely filed and served per Solano
County Local Rules, rule 5.17(b);

(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;

(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 (d) amended effective January 1, 2008; previously amended effective July
1, 2005.)

e. SETTING MATTER FOR SETTLEMENT CONFERENCE OR TRIAL AT STATUS
CONFERENCE
A party or a party’s attorney may not set the matter for settlement conference or
for trial until the judicial officer conducting the status conference deems the
matter ready for settlement conference or trial. In his or her discretion, a judicial
officer may require a party to file and serve his or her settlement conference
statement, a completed Property Declaration (Judicial Council form FL-160),
and/or a completed Income & Expense Declaration (Judicial Council form FL-

5-38

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 89¶

Superior Court of California County of Solano

Rule 5 – Family Law

150), and any other required documents, prior to referring the parties to the calendar clerk to set the Settlement Conference. (Subd (e) amended effective January 1, 2008; previously amended effective July 1, 2005.)

(Rule 5.17 amended effective January 1, 2010; adopted as Rule 5.10 effective July 1, 1988; previously amended effective August 1, 2002, and July 1, 2005; amended and renumbered as Rule 5.17 effective January 1, 2008.)

5.18 SETTLEMENT CONFERENCES

a. SETTLEMENT CONFERENCES GENERALLY
The court may in any law and motion matter, and shall in all other trial matters,
before assigning the same to hearing or trial, require a mandatory settlement
conference or conferences to be conducted. 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. The court, in its
discretion and for good cause shown, may waive the requirement of a mandatory
settlement conference.
(Subd (a) adopted effective January 1, 2008.)

b. DUTIES OF COUNSEL AND/OR PARTIES
Counsel and/or 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). Counsel and/or parties shall complete settlement
conference statements and other documents as required by these rules and any
orders of the court. Counsel and/or parties shall meet and confer in good faith to
review their settlement conference statements and other documents required by
these rules or the court, and make good faith efforts to settle all or some of the
issues, all prior to the settlement conference in order that issues may be resolved
or facts agreed to by stipulation. They must also cooperate so as to clearly outline
and efficiently present the settled and unsettled issues to the court at the
settlement conference. All parties must be present at the date and time set for
settlement conference, whether represented by counsel or not, unless excused in
advance by the judicial officer. Except for good cause shown, the court may
impose a sanction as determined by the court if an attorney or party fails to
comply with any of the settlement conference requirements set forth in this rule.
(Subd (b) amended and relettered effective January 1, 2008; adopted as Rule
5.16, subd (a) effective July 1, 1988; previously amended July 1, 2005.)

5-39

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 90¶

Superior Court of California County of Solano

Rule 5 – Family Law

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, Income and Expense Declaration (Judicial Council form FL-150), and
Property Declaration (Judicial Council form FL-160) as required by Solano
County Local Rules, rule 5.18, subdivisions (e) and (f), not later than 14 days
prior to the date set for settlement conference. Prior to the hearing the party or
attorney shall file proof that these documents were served.
(Subd (c) amended effective January 1, 2010; adopted as Rule 5.16, subd (b)
effective July 1, 1988; amended and relettered as subd (c) effective January 1,
2008.)

d. CONTENTS OF SETTLEMENT CONFERENCE STATEMENT
The parties' respective settlement conference statements and any amendments
thereto shall be in the form prescribed by these rules. The statements shall
contain the information set forth in the following numbered paragraphs, if
applicable, and if not applicable, the statements shall reflect that a numbered
paragraph is inapplicable. A Settlement Conference Statement shall set forth in
the caption the date and time of the settlement conference. The court, in its
discretion, may refuse to accept a statement that does not comply with these rules,
or may permit the filing of an abbreviated or limited statement.

(1) Statistical Facts

(a) Date of marriage, date of separation, length of marriage in years
and months;

(b) Number and ages of minor children;

(d) Issues as to statistical facts;

(e) A complete statement setting forth all material facts upon which a
party relies on any contested issue regarding statistical facts;

(f) The date service of process was made, where made and how
accomplished.

5-40

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 91¶

Superior Court of California County of Solano

Rule 5 – Family Law

(2) Summary of Uncontested Issues
Each party shall summarize all uncontested issues in all settlement
conference statements.

(3) Child Custody and Visitation

(a) Summary of the existing custody and visitation order or practice;

(b) Proposal for custody and visitation and all material facts in support
of proposal.

(4) Child Support

(a) Summary of existing child support order or 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;

(d) A statement whether or not either party receives public assistance
or services from the Department of Child Support Services
(formerly known as District Attorney Family Support Division) in
the instant or related cases.

(5) Spousal or Partner Support

(a) Summary of existing spousal or partner support order or practice;

(b) All relevant and material facts in support of the party’s position;

(c) A statement whether either party receives public assistance or
services from the Department of Child Support Services in the
instant or related cases.

(6) Statement of Contested Property Issues
Each party shall list each asset or obligation, real or personal, and for each
asset or obligation, furnish the following information, if relevant to the
contested issue:

5-41

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 92¶

Superior Court of California County of Solano

Rule 5 – Family Law

(a) The date it was acquired;

(b) The manner in which title is vested;

(c) Whether it is community property, separate property, a mixture of
the two, or quasi-community or quasi-marital property;

(d) All material facts and law in support of the party's characterization
of the property as either community property, separate property, a
mixture of the two, or quasi-community or quasi-marital property;

(e) The current fair market value of the property, the nature, extent
and terms of any encumbrance against the property and the current
net equity in the property;

(f) 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;

(g) A complete statement setting forth the factual and legal basis for
apportionment or reimbursement, the formula for apportionment or
reimbursement and the value of each party's community and
separate property interests.

(7) Attorney Fees, Expert Fees, and Costs

(a) Summarize existing orders;

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

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

(d) If a party is requesting attorney fees or expert witness fees, set
forth the amounts received by the requesting party from the other
party and the additional amounts requested;

5-42

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 93¶

Superior Court of California County of Solano

Rule 5 – Family Law

(e) If a party is requesting costs, set forth the amounts received by the
requesting party from the other party and the additional amounts
requested.

(8) Documents, Schedules, and Summaries

(a) Attach copies of all appraisals and expert reports to be offered at
the time of trial;

(b) List and describe all documents, schedules or summaries, and/or
other evidence to be offered at the time of trial, excepting only
evidence clearly and substantially impeaching the veracity of a
party or witness. (Note: Failure to comply with this provision
may result in an order precluding the evidence from being
admitted into evidence at the time of trial.)

(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;

(c) Provide a brief statement setting forth the substance of the
witnesses’ testimony. (Note: Failure to comply with this
provision may result in an order precluding the testimony of the
witness at the time of trial.)

(10) Points and Authorities
Each party shall list the points and authorities or legal arguments upon
which that party intends to rely.
(Subd (d) amended and relettered effective January 1, 2008; adopted as Rule
5.16, subd (c) effective July 1, 1988.)

e. INCOME AND EXPENSE DECLARATION
An accurate and complete Income and Expense Declaration (Judicial Council
form FL-150) with all required attachments in accordance with the California
Rules of Court, rule 5.128 shall be filed concurrently with the Settlement
Conference Statement, unless the party has filed an Income and Expense

5-43

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 94¶

Superior Court of California County of Solano

Rule 5 – Family Law

Declaration within 60 days prior to the filing of the Settlement Conference
Statement, and the information therein is still factually accurate and current.
(Subd (e) amended and relettered effective January 1, 2008; adopted as Rule
5.16, subd (c)(11) effective July 1, 1988; previously amended July 1, 2005.)

f. PROPERTY DECLARATION
In any case in which there is an issue concerning identification or division of a
marital or quasi-marital estate, a current Property Declaration (Judicial Council
form FL-160), or a substantially equivalent form or spreadsheet verified by the
party under penalty of perjury as prescribed by Code of Civil Procedure section
2015.5, containing all information required by the Property Declaration, with all
required attachments and continuation declarations in accordance with the
California Rules of Court shall be filed concurrently with the Settlement
Conference Statement unless the party has filed a Property Declaration within 90
days prior to the filing of the Settlement Conference Statement and there are no
substantive changes to the information on the previously filed form.
(Subd (f) amended effective July 1, 2008; adopted as Rule 5.16, subd (c)(12)
effective July 1, 1988; previously amended July 1, 2005; previously amended and
relettered effective January 1, 2008.)

g. FILING OF DOCUMENTS PRIOR TO SETTING MATTER FOR SETTLEMENT
CONFERENCE
In his or her discretion, a judicial officer may require that any party file and serve
his or her settlement conference statement, his or her completed Property
Declaration (Judicial Council form FL-160), and/or his or her completed Income
& Expense Declaration (Judicial Council form FL-150), or other documents as
ordered by the court, prior to referring the parties to the calendar clerk to set the
Settlement Conference.
(Subd (g) adopted effective January 1, 2008.)

h. 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 file written objections no later than thirty (30) days before the
Settlement Conference.
(Subd (h) adopted effective January 1, 2010.)

(Rule 5.18 amended effective January 1, 2010; adopted as Rule 5.16 effective July 1,
1988; previously amended effective August 1, 2002; previously amended and renumbered
as Rule 5.18 effective January 1, 2008; amended effective July 1, 2008.)

5-44

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 95¶

Superior Court of California County of Solano

Rule 5 – Family Law a. FAMILY LAW TRIAL MATTERS GENERALLY
Family law trial matters are defined as:

(1) Those family law matters referred for trial from a status conference and in
which the trial or hearing requires time on the court's calendar in excess of
20 minutes;

(2) Those family law matters set on, or transferred from the law and motion
calendar to the family law trial calendar because the time required to hear
the matter will exceed 20 minutes; and

(3) Those family law matters directed by the court to be placed on the family
law trial calendar.
(Subd (a) amended and relettered effective January 1, 2008; adopted as Rule
5.14, subd (a) effective July 1, 1988; previously amended August 1, 2002.)

b. TRIAL ASSIGNMENT
A matter may be assigned a trial date from a law and motion hearing, settlement
conference, or status conference.
(Subd (b) amended and relettered effective January 1, 2008; adopted as Rule
5.15, subd (a) effective July 1, 1988; previously amended August 1, 2002.)

c. COURT REPORTER FEES
At the time the Family Law Calendar Clerk sets the matter for trial, each party
shall pay his or her court reporter fees pursuant to the schedule approved by the
presiding judge of the Superior Court of California, County of Solano, unless
specifically deferred to a later time by a judicial officer. In his or her discretion,
the judicial officer may sanction any party who fails to timely pay these fees, up
to and including proceeding in that party’s absence or vacating any scheduled trial
date(s).
(Subd (c) amended and relettered effective January 1, 2008; adopted as Rule
5.15, subd (b) effective July 1, 1988; previously amended August 1, 2002, and
July 1, 2005.)

d. MEET AND CONFER REQUIREMENTS
All attorneys or self-represented parties shall meet and confer as described in
Solano County Local Rules, rule 5.9(f)(1), before any evidentiary hearing or trial.
(Subd (d) adopted effective January 1, 2008.)

5-45

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 96¶

Superior Court of California County of Solano

Rule 5 – Family Law

e. VACATION OR CONTINUATION OF TRIAL DATE
The current fee charged for such continuances shall be paid prior to or
concurrently with the filing of the order. A trial may be vacated or continued only
by court order obtained by noticed motion or stipulation and order, or upon the
court’s own motion. If the order vacating or continuing the trial date is issued two
weeks or more prior to first date of trial, the court will order the refund of the
court reporter fees or apply them to the continued trial date. If the matter is
continued within fourteen days of the trial date, the parties will have to pay new
court reporter fees.
(Subd (e) amended and relettered effective January 1, 2008; adopted as Rule
5.15, subd (c) effective July 1, 1988; previously amended August 1, 2002.)

f. DOCUMENTARY EVIDENCE
A sufficient number of copies of all evidence shall be brought to the trial by the
propounding party and exchanged (except for evidence to be used solely for
impeachment) with all other parties prior to the commencement of the trial or
hearing. All parties must have their respective exhibits (except those to be used
solely for impeachment, that is, directly attacking the credibility of a party or
witness) marked by the courtroom clerk before the time scheduled for trial to
start, unless excused by the assigned judicial officer.
(Subd (f) amended and relettered effective January 1, 2008; adopted as Rule 5.19,
subd (a) effective July 1, 1988; previously amended effective August 1, 2002.)

g. ATTORNEY FEE REQUESTS
All requests for attorney fees shall be in compliance with Solano County Local
Rules, rule 5.25.
(Subd (g) amended and relettered effective January 1, 2008; adopted as Rule
5.19, subd (b) effective July 1, 1988; previously amended effective August 1,
2002.)

(Rule 5.19 amended and renumbered effective January 1, 2008; adopted as Rules 5.14,
5.15 and 5.19 effective July 1, 1988; Rule 5.14 previously amended effective August 1,
2002; Rule 5.15 previously amended effective August 1, 2002, and July 1, 2005; Rule
5.19 previously amended effective August 1, 2002.)

5-46

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 97¶

Superior Court of California County of Solano

Rule 5 – Family Law

5.20 DEFAULT OR UNCONTESTED JUDGMENT OF DISSOLUTION OR LEGAL SEPARATION BY AFFIDAVIT OR DECLARATION UNDER FAMILY CODE SECTION 2336

a. FORMS REQUIRED FOR ALL JUDGMENTS BY DECLARATION UNDER FAMILY
CODE SECTION 2336
To obtain a judgment of dissolution or legal separation by declaration (without an
appearance at a hearing in court) pursuant to Family Code section 2336, the
following completed forms must be submitted to the Family Law Clerk’s Office.
No appearance is necessary unless the court requires it, in which case the court
shall so notify the parties.

(1) Request to Enter Default OR Appearance, Stipulation and Waivers
If the petitioner is seeking to obtain a judgment of dissolution or legal
separation by default, the petitioner must file a Request to Enter Default
(Judicial Council form FL-165) prior to or concurrently with filing a
Declaration for Default or Uncontested Dissolution or Legal Separation
(Judicial Council form FL-170). If a default has been entered against a
respondent, a party to that matter may not file an Appearance, Stipulation
and Waivers (Judicial Council form FL-130) without first obtaining court
permission to set aside the default.
(Subd (1) adopted effective January 1, 2008.)

(2) Declaration for Default or Uncontested Dissolution or Legal
Separation
If the Petitioner is seeking a judgment of dissolution or legal separation by
default, the petitioner shall sign the Declaration for Default or
Uncontested Dissolution or Legal Separation (Judicial Council form FL-
170). The relief sought in the declaration must agree with the relief sought
in the petition for dissolution or legal separation. If the parties are seeking
an uncontested judgment of dissolution or legal separation, either party
who has generally appeared shall sign the Declaration for Default or
Uncontested Dissolution or Legal Separation.
(Subd (2) amended and renumbered effective January 1, 2008; adopted as
Rule 5.12, subd (a)(1) effective July 1, 1988; previously amended effective
August 1, 2002.)

(3) Declaration Regarding Service of Declaration of Disclosure
All parties seeking a default or uncontested judgment shall comply with
the declaration of disclosure requirements of Family Code sections 2100
through 2113 inclusive and all applicable rules in the California Rules of

5-47

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 98¶

Superior Court of California County of Solano

Rule 5 – Family Law

Court. Except where the Petitioner is proceeding by default without any
written agreement between the parties, no judgment of dissolution, legal
separation or nullity shall be entered until both parties have filed their
respective Declarations Regarding Service of Declaration of Disclosure
(Judicial Council form FL-141) demonstrating each party’s compliance
with Family Code sections 2104 and 2105.
(Subd (3) amended and renumbered effective January 1, 2008; adopted as
Rule 5.12, subd (a)(2) effective July 1, 1988; previously amended effective
August 1, 2002; former subd (3), which related to documents to be
submitted for review, is repealed effective January 1, 2008.)

(4) Judgment
The party or parties shall submit the original and four copies of the
proposed Judgment (Judicial Council form FL-180). The contents of the
judgment must comply with Solano County Local Rules, rule 5.22.
(Subd (4) amended and renumbered effective January 1, 2008; adopted as
Rule 5.12, subd (a)(3)(b) effective July 1, 1988; previously amended
effective August 1, 2002.)

(5) Notice of Entry of Judgment
The original and two copies of the Notice of Entry of Judgment (Judicial
Council form FL-190) must be submitted along with one stamped,
self-addressed envelope for each party, with the address of the court clerk
as the return address.
(Subd (5) amended effective July 1, 2009; adopted as Rule 5.12, subd
(a)(3)(c) effective July 1, 1988; previously amended effective August 1,
2002; amended and renumbered effective January 1, 2008.)

(Subd (a) amended effective July 1, 2009; adopted effective July 1, 1988;
previously amended effective August 1, 2002, July 1, 2005, and January 1, 2008.)

b. ADDITIONAL REQUIRED FORMS FOR JUDGMENTS BY DECLARATION UNDER
FAMILY CODE SECTION 2336
In addition to the forms required per Solano County Local Rules, rule 5.20(a), the
following forms must be submitted if applicable:

(1) Income and Expense Declaration
A current, wholly completed Income and Expense Declaration (Judicial
Council form FL-150) shall be filed if support or attorney fees is to be
ordered, unless the parties have agreed to child or spousal support
provisions in a marital settlement agreement or stipulated judgment that

5-48

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 99¶

Superior Court of California County of Solano

Rule 5 – Family Law

includes a current computerized support calculation printout. This
provision does not apply if the only support term is a termination of
jurisdiction over the issue of spousal or partner support for both parties.
(Subd (1) amended effective January 1, 2008.)

(2) Child Support Stipulations

(a) A stipulation regarding child support shall be prepared on any of
the following forms as applicable:

(i) A fully completed Stipulation to Establish or Modify Child
Support and Order (Judicial Council form FL-350); or,

(ii) A fully completed Child Support Information and Order
Attachment (Judicial Council form FL-342) which shall be
attached to the Judgment form (form FL-180); or,

(iii) A fully completed Non-Guideline Child Support Findings
Attachment (Judicial Council form FL-342(A),) which
shall be attached to the Judgment form (form FL-180) if the
support being ordered is below the California statutory
guideline; or,

(iv) Contained in a marital settlement agreement or stipulated
Judgment wherein the parties expressly acknowledge
compliance with the conditions of Family Code section
4065.
(Subd (a) amended and renumbered effective January 1, 2008;
adopted as Rule 5.12, subd (b)(2) effective July 1, 1988; previously
amended effective August 1, 2002.)

(b) Any stipulations regarding child support or marital settlement
agreements including child support shall be accompanied by a
computerized support calculation printout, regardless of whether
the stipulated support amount is “guideline” as determined by
Family Code sections 4050 through 4076.
(Subd (b) adopted effective January 1, 2008.)

(c) If the parties are stipulating to a child support amount that is below
“guideline” as determined by Family Code sections 4050 through
4076, they must do so by way of a fully-completed stipulation to

5-49

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 100¶

Superior Court of California County of Solano

Rule 5 – Family Law

Establish or Modify Child Support and Order (form FL-350), a
fully-completed Non-Guideline Child Support Findings
Attachment (Judicial Council form FL-342(A) attached to a
Judgment (form FL-180), or a marital settlement agreement or
stipulated judgment wherein the parties expressly acknowledge
compliance with the conditions of Family Code section 4065.
(Subd (c) adopted effective January 1, 2008.)

(3) Order/Notice to Withhold Income for Child Support
The Order/Notice to Withhold Income for Child Support (Judicial Council
form FL-195) shall be submitted even if service of the wage assignment
has been or likely will be stayed by stipulation or court order.
(Subd (3) amended and renumbered effective January 1, 2008; adopted as
part of Rule 5.12, subd (b)(5) effective July 1, 1988; previously amended
effective August 1, 2002.)

(4) Child Support Case Registry Form
The Child Support Case Registry Form (Judicial Council form FL-191)
shall be submitted to the court if the judgment includes any provisions for
child support, including a reservation over child support.
(Subd (4) amended and renumbered effective January 1, 2008; adopted as
part of Rule 5.12, subd (b)(5) effective July 1, 1988; previously amended
effective August 1, 2002.)

(5) Earnings Assignment Order for Spousal or Partner Support
The Earnings Assignment Order for Spousal or Partner Support (Judicial
Council form FL-435) shall be submitted to the court if spousal or partner
support will be ordered payable by earnings assignment, unless excused
by the assigned judicial officer.
(Subd (5) adopted effective January 1, 2008; former Rule 5.12, subd (b)(5)
repealed effective January 1, 2008.)

(6) Form Requirements for Division of Property
Whenever a judgment of dissolution or legal separation is sought by either
default or by stipulation as an uncontested matter, no decree awarding
property to either party will be granted unless the moving party files:

(a) A current and fully completed Property Declaration (Judicial
Council form FL-160);

5-50

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 101¶

Superior Court of California County of Solano

Rule 5 – Family Law

b) A written stipulation of the parties for division of their property.
(Subd (6) amended and renumbered effective January 1, 2008; adopted as
part of Rule 5.12, subd (b)(3) effective July 1, 1988; previously amended
effective August 1, 2002.)

(7) Stay of Service of Earnings Assignment Order
If a judgment includes a stipulation to stay a wage assignment for child
and/or spousal support, a completed Stay of Service of Earnings
Assignment Order (Judicial Council form FL-455) shall be submitted to
the court.
(Subd (7) adopted effective July 1, 2008.)

(8) Declaration Regarding Status of Court-Ordered Support
If either party has obtained a fee waiver, the party submitting the proposed
judgment shall submit a declaration under penalty of perjury along with
the proposed Judgment stating the following:

(a) The date of the most recent order for child, spousal or family
support;

(b) The name of the person ordered to pay support;

(d) If a party is receiving support payments through the Department of
Child Support Services or other local child support agency, the
party submitting the proposed judgment must attach a copy of the
payment history from the child support agency and indicate
whether or not they are currently receiving or have applied for cash
assistance. Individuals who have current open cases with the
Department of Child Support Services may obtain access to
payment histories through the state’s Department of Child Support
Services website at www.childsup-connect.ca.gov.
(Subd (8) amended effective January 1, 2010; adopted effective July 1,
2009.)
(Subd (b) amended effective January 1, 2010; previously amended effective
January 1, 2008 and July 1, 2008; adopted effective July 1, 1988; previously
amended effective August 1, 2002,July 1, 2005, January 1, 2008, July 1, 2008,
and July 1, 2009.)

5-51

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 102¶

Superior Court of California County of Solano

Rule 5 – Family Law

c. RELIEF INCONSISTENT WITH PETITION
Except by written agreement or as may be permitted by law, the court will not
grant relief that is inconsistent with the relief requested in the petition. The court
on its own motion may require the party to appear to justify the relief requested.
(Subd (c) amended effective January 1, 2008; previously amended effective
August 1, 2002.)

d. REQUIREMENTS ON PROOF BY DECLARATION REGARDING CUSTODY AND
VISITATION OF CHILDREN
Where the judgment is taken by default, and there is either a written agreement of
the parties concerning custody and visitation or a request for inclusion in the
judgment of provisions for custody and visitation, the court reserves the right to
deny the requested order if such order is not in the best interests of the child. The
court may require at its discretion a supporting declaration or a hearing.
(Subd (d) amended and relettered effective January 1, 2008; adopted as Rule
5.12, subd (b)(4) effective July 1, 1988; previously amended effective August 1,
2002, and July 1, 2005.)

(Rule 5.20 amended effective January 1, 2010; adopted as Rule 5.12 effective July 1,
1988; previously amended effective August 1, 2002, and July 1, 2005; previously
amended and renumbered as Rule 5.20 effective January 1, 2008; amended effective July
1, 2008, and July 1, 2009.)

5.21 DEFAULT OR UNCONTESTED JUDGMENTS OF DISSOLUTION, LEGAL SEPARATION, NULLITY, OR ESTABLISHMENT OF PARENTAL RELATIONSHIP BY APPEARANCE

a. CALENDARING GENERALLY
To obtain an uncontested or default judgment of dissolution of marriage, legal
separation, nullity, or establishment of parental relationship under the Uniform
Parentage Act, the requesting party shall submit a request for a hearing date in
writing to the Family Law Clerk’s Office.
(Subd (a) amended effective January 1, 2010; previously amended August 1,
2002, January 1, 2008, and July 1, 2009.)

b. CALENDARING OF A REQUEST FOR A STATUS-ONLY DISSOLUTION
For good cause, the court may permit the calendaring of a request for a status only
dissolution without the applicant meeting the formal requirements of these rules.
(Subd (b) amended effective January 1, 2008; previously amended August 1,
2002.)

5-52

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Superior Court of California County of Solano

Rule 5 – Family Law

(4) Child Support Case Registry Form
The Child Support Case Registry Form (Judicial Council form FL-191)
shall be submitted to the court if the judgment includes any provisions for
child support, including a reservation over child support.
(Subd (4) amended and renumbered effective January 1, 2008; adopted as
part of Rule 5.13, subd (c)(6) effective July 1, 1988; previously amended
August 1, 2002.)

(a) A current and fully completed Property Declaration (Judicial
Council form FL-160);

b) A written stipulation of the parties for division of their property.
(Subd (6) amended and renumbered effective January 1, 2008; adopted as
Rule 5.13, subd (e) effective July 1, 1988.)

5-56

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 107¶

Superior Court of California County of Solano

Rule 5 – Family Law

(a) The date of the most recent order for child, spousal or family
support;

(b) The name of the person ordered to pay support;

(Subd (e) amended effective January 1, 2010; adopted as Rule 5.13, subd (c) and
(e) effective July 1, 1988; previously amended effective August 1, 2002;
previously amended and relettered as subd (e) effective January 1, 2008;
amended effective July 1, 2008, and July 1, 2009.)

f. RELIEF INCONSISTENT WITH PETITION
Except by written agreement or as may be permitted by law, the court will not
grant relief that is inconsistent with the relief requested in the petition.
(Subd (f) relettered effective July 1, 2009; adopted as Rule 5.13, subd (g) effective
July 1, 1988; previously amended effective August 1, 2002; previously amended
and relettered as subdivision (e) effective January 1, 2008.)

g. REQUIREMENTS ON PROOF BY DECLARATION REGARDING CUSTODY AND
VISITATION OF CHILDREN
Where the judgment is taken by default, and there is either a written agreement of
the parties concerning custody and visitation or a request for inclusion in the
judgment of provisions for custody and visitation, the court reserves the right to
deny the requested order if such order is not in the best interests of the child.
(Subd (g) relettered effective July 1, 2009; adopted as subdivision (f); previously
amended effective August 1, 2002, and January 1, 2008.)

5-57

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 108¶

Superior Court of California County of Solano

Rule 5 – Family Law

(Rule 5.21 amended effective January 1, 2010; adopted as Rule 5.13 effective July 1, 1988; previously amended effective August 1, 2002; previously amended and renumbered as Rule 5.21 effective January 1, 2008; amended effective July 1, 2008, and July 1, 2009.)

5.22 CONTENTS OF JUDGMENT

a. REQUIREMENTS FOR ACTION INVOLVING CHILD CUSTODY, VISITATION,
SUPPORT, OR SPOUSAL SUPPORT
In actions in which child custody, child visitation, child support and/or spousal
support are issues, the judgment shall set forth separately in full the name and
birth date of each minor child and all provisions for custody, visitation and/or
support, including the commencement and termination dates of support.
Incorporation of these provisions from a marital settlement agreement, alone, is
not sufficient. If there is a marital settlement agreement, it shall be attached to the
judgment and incorporated by reference for merger or identification, only, as the
parties specify.

(Rule 5.22 amended and relettered effective January 1, 2008; adopted as unlettered Rule
5.25 effective July 1, 1988; previously amended effective August 1, 2002, and July 1,
2005.)

5.23 FEE WAIVERS AT TIME OF ENTRY OF A JUDGMENT OR AN ORDER OF SUPPORT

Pursuant to Government Code section 68637, subsections (d) and (e), all fee waivers will be subject to review by a judicial officer at the time a judgment or an order for support is submitted for signature and entry. Nothing in this rule limits the court’s ability to review fee waivers during the proceeding per Government Code section 68636.

(Rule 5.23 amended effective January 1, 2010; adopted as Rule 5.27 effective July 1, 2005; renumbered as Rule 5.23 effective January 1, 2008; amended effective July 1, 2009.)

5.24 CONTEMPT

a. FORM OF ORDER TO SHOW CAUSE OR CITATION
All Orders to Show Cause (OSC) or citations for contempt must be made on the
mandatory Order to Show Cause and Affidavit for Contempt (Judicial Council
form FL-410). The OSC for contempt must be filed separately from, and may not
be attached to or included with, any other motions or orders to show cause. The

5-58

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 109¶

Superior Court of California County of Solano

Rule 5 – Family Law

Clerk of the Court shall not accept for filing any non-conforming contempt
papers. The OSC or citation must also have attached to it either the mandatory
Affidavit of Facts Constituting Contempt – Financial and Injunctive Order
(Judicial Council form FL-411), or the mandatory Affidavit of Facts Constituting
Contempt – Domestic Violence/Custody and Visitation (Judicial Council form
FL-412), where applicable. The court shall not proceed on a contempt OSC or
citation that is not properly plead except as may be specifically ordered by the
assigned judicial officer.
(Subd (a) amended effective January 1, 2010; adopted effective January 1, 2008;
previously amended effective July 1, 2008.)

b. FIRST APPEARANCE BY SELF-REPRESENTED CITEE AT CONTEMPT HEARING
If a party cited for contempt appears without an attorney at the first hearing set
pursuant to an Order to Show Cause and Affidavit for Contempt (Judicial Council
form FL-410), one continuance normally will be granted to permit the citee to
retain counsel or for the appearance of court-appointed counsel. The citee will be
ordered to be present at the continued hearing.
(Subd (b) amended and relettered effective January 1, 2008; adopted as Rule
5.22, subd (a) effective July 1, 1988; previously amended effective August 1,
2002.)

c. SETTLEMENT CONFERENCE
The court in its discretion may set the contempt hearing for a settlement
conference prior to ordering the matter to trial.
(Subd (c) amended and relettered effective January 1, 2008; adopted as Rule
5.22, subd (b) effective July 1, 1988; previously amended effective August 1,
2002.)

d. PREPARATION OF ORDER
Unless otherwise ordered by the court, the moving party shall prepare the order
after hearing. The Judicial Council form Findings and Order Regarding Contempt
(FL-415) may be used for this purpose.
(Subd (d) amended and relettered effective January 1, 2008; adopted as Rule
5.22, subd (c) effective July 1, 1988; previously amended effective August 1,
2002.)

(Rule 5.24 amended effective July 1, 2008; adopted as Rule 5.22 effective July 1, 1988;
previously amended effective August 1, 2002; previously amended and renumbered
effective January 1, 2008.)

5-59

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 110¶

Superior Court of California County of Solano

Rule 5 – Family Law a. ATTORNEY FEES AND COSTS
A party requesting an award of attorney fees and/or costs based on need pursuant
to the Family Code, including but not limited to sections 2030, 2031, and 2032, or
as a sanction pursuant to the Family Code, the Code of Civil Procedure or any
other applicable legal authority, shall file with the court the following:

(1) A current and completed Income and Expense Declaration (Judicial
Council form FL-150) which shall include the income information as
prescribed by the form with respect to the party against whom the order is
sought;

(2) If the request is for an amount exceeding $1,000.00, a declaration of the
attorney setting forth facts that describe in detail the services rendered, the
time expended with respect to these specific services and the hourly rate
normally charged by the attorney, unless this declaration is waived by the
court in its discretion. The declaration shall further state such facts as may
be relevant to the court's determination as to the reasonableness of the fees
as set forth in Family Code section 2032, subdivision (b); and,

(3) Any other declarations, documents, or pleadings as required by the Family
Code, the Code of Civil Procedure, California Rules of Court, or orders of
the court.
(Subd (a) amended effective January 1, 2008.)

b. BIFURCATION OF ATTORNEY FEES AND COSTS REQUESTS PER FAMILY CODE
§271
Where an attorney, or a party as allowed by law, requests the opportunity to
present evidence as to conduct of the other party and/or attorney which furthers or
frustrates the policy of the law to promote settlement of litigation pursuant to
Family Code section 271, the court will in its discretion withhold a decision on
the issue of fees until after all other issues, including that of costs, have been
determined and will not receive the attorney's or the party’s declaration relating
thereto until commencing the consideration of the attorney fees issue.
(Subd (b) amended effective July 1, 2008; previously amended effective January
1, 2008.)

c. SANCTIONS FOR FAILURE TO COMPLY WITH RULES OR STATUTES
In the event that any party or attorney fails to comply with the requirements of the
Solano County Local Rules, the California Family Code, the California Code of

5-60

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 111¶

Superior Court of California County of Solano

Rule 5 – Family Law

Civil Procedure, or the California Rules of Court, the court may, on the motion of
a party or on its own motion, order the case off calendar, strike out all or any part
of any pleading of that party, dismiss the action or proceeding or any part thereof,
or enter a judgment by default against that party, proceed to hear the matter on a
default basis, proceed under any conditions the court finds proper, award attorney
fees and/or impose other appropriate sanctions, including any sanctions available
to the court under the Family Code, the Code of Civil Procedure, and the Solano
County Local Rules, rule 4.13 , subsection (a). The court may further 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 and costs.
(Subd (c) amended effective January 1, 2010; previously amended effective
January 1, 2008, July 1, 2008, and January 1, 2009.)

d. FORM OF PLEADINGS REQUESTING ATTORNEY FEES, COSTS, OR SANCTIONS

(1) A request for attorney fees and costs in the form of discovery sanctions
may be plead either in the motion seeking relief related to discovery or in
a separate motion.

(2) A discovery motion may not include any requests pertaining to attorneys
fees, costs, or sanctions unrelated to the discovery at issue in the motion.
(Subd (d) adopted effective July 1, 2008.)

(Rule 5.25 amended effective January 1, 2010; adopted as Rule 5.26 effective July 1,
1988; previously amended effective August 1, 2002; previously amended and renumbered
as Rule 5.25 effective January 1, 2008; amended effective July 1, 2008.)

5.26 FORMS LISTS

The Family Law Clerk’s Office and the Office of the Court Facilitator shall each
prominently post lists of current Judicial Council and Solano County local forms that set
forth the forms both alphabetically by name and numerically by form number. These
lists shall be kept current at all times. The Family Law Clerk’s Office and the Office of
the Court Facilitator shall also make individual forms available to the public upon request
and free of charge. All Judicial Council forms are also available at
www.courtinfo.ca.gov. All local forms are available on the court’s Internet website
located at www.solano.courts.ca.gov.

(Rule 5.26 amended effective January 1, 2010; adopted as Rule 5.28 effective July 1,
2005; previously amended and renumbered as Rule 5.26 effective January 1, 2008.)

5-61

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 112¶

Superior Court of California County of Solano

Rule 5 – Family Law

5.27 FAMILY LAW FACILITATOR’S DUTIES

In addition to the services provided by the Family Law Facilitator pursuant to Family Code section 10004, the Family Law Facilitator may provide the services set forth in Family Code section 10005 if authorized to do so by the supervising judge of the Family Law Division.

(Rule 5.27 adopted effective January 1, 2008.)

5-62

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 113¶

Superior Court of California County of Solano

Rule 5 – Family Law

RULE 5 APPENDICES

Appendix 5-A: Time Sharing Arrangement Table

5-63

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 114¶

Superior Court of California County of Solano

Rule 5 – Family Law

APPENDIX 5-A: TIME SHARING ARRANGEMENT TABLE

Item Days out of Timeshare Time Sharing Arrangement No. the Year Percentage A 1 weekend per month 24 7 B 1 extended weekend per month 36 10 C 2 weekends per month 48 13 D 1 weekend per month plus 1 evening per week 50 14 E Alternate weekends (26 weekends per year) 52 14 F Alternate weekends plus 2 weeks in the summer 67 18 Alternate weekends plus ½ the holidays plus 2 weeks in the 69 19 G summer H 2 extended weekends per month 72 20 I Alternate weekends plus 1 evening per week 78 21 J Alternate weekends plus 1 overnight per week 104 28 K Alternate extended weekends 78 21 Alternate extended weekends plus ½ the holidays plus 4 77 21 weeks in the summer (with alternating weekends continuing L in summer and makeup time if the weekends are lost due to the 4 weeks) Alternate weekends plus ½ the holidays plus 4 weeks in the 75 21 M summer (with no alternating weekends all summer) Alternate weekends plus ½ the holidays plus ½ the summer 82 22 N (with or without alternating weekends in the summer) O Alternate extended weekends plus 1 evening a week 104 28 P Alternate extended weekends plus 1 overnight a week 130 36 Alternate weekends plus ½ holidays plus 1 evening per week 103 28 plus 4 weeks in the summer (with alternating weekends Q continuing in summer and makeup time if the weekends are lost due to the 4 weeks) Alternate weekends plus 1 evening per week when school is 104 28 R in session plus ½ school vacations S Three days per week 156 43 T First, third and fifth weekends of every month 56 15 U First, third and fifth extended weekends of every month 84 23 V First, third and alternate fifth weekends 52 14 W First, third and alternate fifth extended weekends 78 21

5-64

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 115¶

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 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.

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

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.

6-1

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 116¶

Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

(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.)

6.5 RELEASE OF INFORMATION RELATING TO JUVENILES

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

6-2

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 117¶

Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

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.)

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.)

6-3

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 118¶

Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

(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.)

6.7 PETITIONS, PLEADINGS & MOTIONS

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.)

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.)

6-4

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 119¶

Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

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.)
(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

6-5

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 120¶

Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

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
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]

6-6

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 121¶

Superior Court of California County of Solano

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 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.)

6-7

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 122¶

Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency

(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 ..)

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.)

6-8

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 123¶

Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency

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.)

(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.)

6-9

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 124¶

Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency

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.)

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.)

6-10

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 125¶

Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency 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.)
(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.)

6-11

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 126¶

Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency

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.
(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.)

6-12

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 127¶

Superior Court of California County of Solano

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.
(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.)

6-13

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 128¶

Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency

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.

(Rule 6.37 amended and renumbered effective January 1, 2010; adopted as Rule 6.2.13 effective August 1, 2002; previously renumbered as Rule 6.2.8 effective July 1, 2008.)

6.38 – 6.59 [RESERVED]

6-14

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 129¶

Superior Court of California County of Solano

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.)

6-15

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 130¶

Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

APPENDIX – Standing Orders of the Juvenile Court

Standing Order Title

2002-01 Medical Authorization – Juvenile Hall

2002-02 Community School Programs

2002-03 Records – Family Law [VACATED] (Vacated effective January 1, 2012)

2002-04 Records – Multi-Disciplinary Teams [VACATED] (Vacated effective July 1, 2011; see Standing Order 2011-004)

2002-05 Release of Records, Absent Parents

2002-06 Release of Records – Guardianship Proceedings [VACATED] (Vacated effective July 1, 2011; see Standing Order 2011-005)

2002-07 Release of Records – Financial Hearing Officer

2002-09 Release of Records – Foster Youth Services Program [VACATED] (Vacated effective July 1, 2011; see Standing Order 2011-006)

2002-10 Release of School Records – Probation [VACATED] (Vacated effective July 1, 2011; see Standing Order 2011-007)

2002-11 Toxicology Testing [VACATED] (Vacated effective July 1, 2011; see Standing Order 2011-008)

2010-001 Release of Juvenile Case File Information for W&I 601 and 602 Proceedings

2011-001 Standing Order Authorizing Mental Health Evaluation and/or Treatment for Dependent Children or Minors Placed into Protective Custody by Child Welfare Services

2011-002 Order re: Release of Probation Files and Information Regarding Parents with Children Under the Jurisdiction of the Juvenile Court

2011-003 Standing Order to Facilitate Child Welfare Services Disaster Response Plan

2011-004 The Exchange of Information Pertaining to Juveniles Among Members of Multidisciplinary Teams

2011-005 Exchange and Release of Information Between Child Welfare Services and the Solano County Court Investigator

6-16

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 131¶

Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

APPENDIX – Standing Orders of the Juvenile Court

Standing Order Title

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)

2011-007 Release of School Records to Solano County Probation and Solano County Health and Social Services, Child Welfare Services Division (Education Code § 49077)

2011-008 Toxicology Testing for Drug Exposed Children Subject to Juvenile Laws (Welfare & Institutions Code § 369, subd. (d))

6-17

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 136¶

2012 1, VACATED January Effective

www.solano.courts.ca.gov 6-22 January 2012

Exceptions & meaning →

Page 137¶

2011 1, 2011-004 July VACATED Order Effective Standing See

www.solano.courts.ca.gov 6-23 January 2012

Exceptions & meaning →

Page 138¶

2011 1, 2011-004 July VACATED Order Effective Standing See

www.solano.courts.ca.gov 6-24 January 2012

Exceptions & meaning →

www.solano.courts.ca.gov 6-28 January 2012

Exceptions & meaning →

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

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.)

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.)

7-1

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 180¶

Superior Court of California County of Solano

Rule 7 – Probate

PART ONE: Probate Proceedings Generally

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) 157Cal.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 PETITIONS
Parties may contact the Probate Division calendaring clerk to reserve a hearing
date on a probate petition. Reservation of a calendar date does not automatically
place the matter on the court’s calendar. The probate petition must be filed
within three court days of reserving the date, otherwise the date reserved will be
canceled. Except for petitions brought ex parte, probate petitions shall not be
calendared for hearing until the moving party files a Notice of Hearing.
(Subd (d) amended effective January 1, 2012; adopted effective July 1, 2010.)

e. FILING PETITIONS
All petitions concerning trusts shall be filed at least 30 days prior to the desired or
scheduled hearing date. All petitions concerning non-trust probate matters shall
be filed at least 15 days prior to the desired or scheduled hearing date.
(Subd. (e) adopted effective January 1, 2012.)

(Rule 7.2 amended effective January 1, 2012; 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.)

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. The
verification shall be included as part of the pleading at the time the pleading is filed. An
unverified pleading set for hearing will be placed off-calendar or denied without
prejudice.

(Rule 7.3 amended and renumbered effective July 1, 2009; adopted as Rule 7.2 effective
July 1, 1988; previously amended effective July 1, 1989.)

7-2

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 181¶

Superior Court of California County of Solano

Rule 7 – Probate

PART ONE: Probate Proceedings Generally 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.

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.

(Rule 7.4 amended and renumbered effective July 1, 2009; adopted as Rule 7.6 effective
July 1, 1988; previously amended effective July 1, 1989.)

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.)

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.)

7-3

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 182¶

Superior Court of California County of Solano

Rule 7 – Probate

PART ONE: Probate Proceedings Generally

7.7 NOTIFICATION TO COURT OF CONTINUANCES, DROPS OR STIPULATIONS

a. DUTY TO NOTIFY DEPARTMENT
When a probate 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 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.
(Subd (a) adopted effective July 1, 2009.)

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 adopted effective July 1, 2009.)

7.8 PREGRANTS IN PROBATE MATTERS

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 www.solano.courts.ca.gov and clicking “Tentative Rulings” or by telephoning the court at (707) 207-7331.

(Rule 7.8 amended effective January 1, 2012; adopted effective July 1, 2009; previously amended effective January 1, 2010.)

7.9 APPEARANCES AT HEARINGS

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:

7-4

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 183¶

Superior Court of California County of Solano

Rule 7 – Probate

PART ONE: Probate Proceedings Generally

(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.

(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.

7-5

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 184¶

Superior Court of California County of Solano

Rule 7 – Probate

PART ONE: Probate Proceedings Generally

(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 petition to all individuals entitled to notice of a
petition 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. The statement shall recite that no request for special notice is on
file and in effect or shall list the parties requesting special notice and have
attached to the petition the specific waivers of notice by such parties or
proof of service on parties requesting special notice.
(Subd (a) 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 petition. 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) adopted effective July 1, 2009.)

c. EX PARTE PROCEDURE
(1) Ex parte hearings are scheduled by each department individually. A party
wishing to set an ex parte hearing shall contact the department to which
the case is assigned by noon on the court day prior to the desired ex parte
appearance. The moving papers and the proposed order shall be faxed to
the department as directed by the judicial assistant.

7-6

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 185¶

Superior Court of California County of Solano

Rule 7 – Probate

PART ONE: Probate Proceedings Generally

(2) On the day of the ex parte appearance, the party seeking ex parte relief
shall file the original petition or motion seeking ex parte relief with the
Clerk of the Court and pay the applicable filing fees. The party shall
provide a copy of the receipt showing the payment of fees to the court at
the time of the ex parte appearance; otherwise, the hearing shall not take
place.
(Subd (c) adopted effective July 1, 2009.)

(Rule 7.10 adopted effective July 1, 2009.)

7-7

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 186¶

Superior Court of California County of Solano

Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

7.11 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 7.11 amended and renumbered effective July 1, 2009; adopted as Rule 7.14 effective July 1, 1988; previously amended effective July 1, 1989.)

7.12 INFORMATION TO BE CONTAINED IN PETITIONS FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY; FOR LETTERS OF ADMINISTRATION; OR FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (PROBATE CODE SECTION 8000 ET SEQ.)

a. INFORMATION TO BE INCLUDED WITH THE PETITION
Any petition for probate of a will and for letters testamentary, for letters of
administration, or for letters of administration with will annexed 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) adopted effective July 1, 2009.)

b. INFORMATION CONCERNING A DECEASED BENEFICIARY
In addition to the information required in Rule 7.12(a), information concerning a
deceased beneficiary shall be included in the petition as follows:

7-8

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 187¶

Superior Court of California County of Solano

Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

(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 person's name should
be listed with the notation "deceased", and date of death. If a personal
representative has been appointed, 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) adopted effective July 1, 2009.)

(Rule 7.12 amended and renumbered effective July 1, 2009; adopted as Rule 7.15
effective July 1, 1988.)

7.13 PREPARATION OF ORDERS

a. PROPOSED ORDERS SUBMITTED PRIOR TO HEARING
All probate orders in uncontested matters 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) adopted effective July 1, 2009.)

b. MATERIAL TO BE INCLUDED IN PROBATE ORDERS
All orders or decrees 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 or decree 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 or decrees that merely recite that
the petition as presented is granted or incorporate by reference the relief sought in

7-9

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 188¶

Superior Court of California County of Solano

Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

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) adopted effective July 1, 2009; previously adopted as unlettered portion
of Rule 7.19 effective July 1, 1988.)

(Rule 7.13 amended and renumbered effective July 1, 2009; adopted as Rule 7.18
effective July 1, 1988.)

7.14 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 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 7.14 amended and renumbered effective July 1, 2009; adopted as Rule 7.21 effective July 1, 1988.)

7.15 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 7.15 amended and renumbered effective July 1, 2009; adopted as Rule 7.23 effective July 1, 1988; amended effective July 1, 1989.)

7-10

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 189¶

Superior Court of California County of Solano

Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

7.16 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 7.16 renumbered effective July 1, 2009; adopted as Rule 7.24 effective July 1, 1988; previously amended effective July 1, 1989.)

7.17 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.

(Rule 7.17 renumbered effective July 1, 2009; adopted as Rule 7.25 effective July 1, 1988.)

7.18 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 casher's check in the amount of ten percent (10%) of the bid.

(Rule 7.18 renumbered effective July 1, 2009; adopted as Rule 7.26 effective July 1, 1988.)

7.19 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 7.19 amended and renumbered effective July 1, 2009; adopted as Rule 7.27 effective July 1, 1988; previously amended effective July 1, 1988.)

7-11

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 190¶

Superior Court of California County of Solano

Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

7.20 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 7.20 amended and renumbered effective July 1, 2009; adopted as Rule 7.30
effective July 1, 1988.)

7.21 BROKER'S COMMISSIONS

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 7.21 amended and renumbered effective July 1, 2009; adopted as Rule 7.31
effective July 1, 1988; previously amended effective July 1, 1989.)

7-12

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 191¶

Superior Court of California County of Solano

Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

7.22 STATUTORY COMPENSATION FOR PERSONAL REPRESENTATIVE AND ATTORNEY FEES

a. INCLUSION OF COMPUTATION IN PETITION
The computation in Rule 7.22, 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 7.22 amended and renumbered effective July 1, 2009; adopted as Rule 7.36
effective July 1, 1988.)

7.23 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.)

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.)

7-13

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 192¶

Superior Court of California County of Solano

Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

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 7.23 amended and renumbered effective July 1, 2009; adopted as Rule 7.37
effective July 1, 1988; previously amended effective July 1, 1989.)

7.24 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 7.24 amended and renumbered effective July 1, 2009; adopted as Rule 7.38 effective July 1, 1988.)

7.25 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 in the petition or

7-14

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 193¶

Superior Court of California County of Solano

Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

in the separate verified declaration requesting said fees. At a minimum, the
declaration or petition shall state:

(1) The nature, necessity, success, cost in time, detail of the services
performed and value of the services believed to warrant additional fees;

(2) The amount requested; and,

(3) The number of hours spent on ordinary services.

Records of time spent, without substantiated information, are not adequate.
(Subd (a) amended and relettered effective July 1, 2009; adopted as unlettered
portion of Rule 7.39 effective July 1, 1988.)

b. FACTORS THAT WILL NOT SUPPORT A REQUEST FOR EXTRAORDINARY
COMPENSATION OR FEES
The routine conduct of any proceeding relating to the collection of assets,
processing of claims, conduct of estate administration or distribution will not, in
the absence of special circumstances or problems, justify an extraordinary fee.
(Subd (b) amended and relettered effective July 1, 2009; adopted as unlettered
portion of Rule 7.39 effective July 1, 1988.)

(Rule 7.25 amended and renumbered effective July 1, 2009; adopted as Rule 7.39
effective July 1, 1988.)

7.26 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 7.26 renumbered effective July 1, 2009; adopted as Rule 7.41 effective July 1, 1988.)

7-15

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 194¶

Superior Court of California County of Solano

Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

7.27 CONTENTS OF PETITION AND DECREE OF PARTIAL OR FINAL DISTRIBUTION

a. WHEN PROPOSED DECREE REQUIRED
The proposed form of Decree of Distribution shall be filed with any petition for
partial or final distribution.
(Subd (a) amended and relettered effective July 1, 2009; adopted as unlettered
portion of Rule 7.42 effective July 1, 1988.)

b. DESCRIPTION OF PROPERTY TO BE DISTRIBUTED
The distribution of property must be separately stated in detail in both the petition
and the decree, listing a description of the property to be distributed under the
name of each beneficiary. Real estate shall be legally described and street
address, if any, shall be included. The decree must be complete in and of itself.
Description by reference to the inventory is not acceptable. In both the petition
and decree for final distribution, the distribution schedule shall include a summary
showing the value of the estate distributed to each beneficiary and the total estate
distributed which must agree with "Property on Hand" as shown on the final
account’s Schedule F and in the summary of account. If any beneficiaries
previously received an early distribution, the petition and the decree shall so state.
(Subd (b) amended effective January 1, 2010; amended and relettered effective
July 1, 2009; adopted as unlettered portion of Rule 7.42 effective July 1, 1988.)

c. TRACING REQUIRED FOR INTESTATE DECEDENT
If an intestate decedent who survived his 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 and relettered effective July 1, 2009; adopted as unlettered
portion of Rule 7.42 effective July 1, 1988.)

d. OTHER ITEMS TO BE INCLUDED IN THE PETITION AND DECREE

(1) A petition and any decree 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.)

7-16

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 195¶

Superior Court of California County of Solano

Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

(2) If distribution will not be made directly to the beneficiary, the name,
address and fiduciary capacity of the recipient must be stated in the
petition and the decree for distribution.
(Subd (2) adopted effective January 1, 2010.)
Subd (d) adopted effective January 1, 2010.)

(Rule 7.27 amended effective January 1, 2010; adopted as Rule 7.42 effective July 1,
1988; previously amended effective July 1, 1989; amended and renumbered effective July
1, 2009.)

7.28 DISTRIBUTIONS TO TRUSTS

a. DISTRIBUTIONS TO TESTAMENTARY TRUSTS
The provisions of a decree of 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 decree thereon must state the age and birthdate of the beneficiary.
(Subd (a) amended effective January 1, 2010; amended and relettered effective
July 1, 2009; adopted as unlettered portion of Rule 7.43 effective July 1, 1988.)

b. DISTRIBUTIONS TO INTER VIVOS TRUSTS
A decree of 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 decree of
distribution shall not be approved absent a declaration by the trustee that he or she
has in fact accepted the trust. A decree of distribution for a decedent’s estate
shall not name as beneficiaries of the estate in the distribution plan any
beneficiaries who are entitled to distributions from the trust.
(Subd (b) adopted effective July 1, 2009.)

(Rule 7.28 amended effective January 1, 2010; amended and renumbered effective July 1,
2009; adopted as Rule 7.43 effective July 1, 1988; former Rule 7.28, which concerned
overbids, repealed effective July 1, 2009.)

7.29 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

7-17

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 196¶

Superior Court of California County of Solano

Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

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.)

7.30 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 7.30 amended and renumbered effective July 1, 2009; adopted as Rule 7.50
effective July 1, 1988.)

7.31 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 7.31 adopted effective July 1, 2009.)

7-18

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 197¶

Superior Court of California County of Solano

Rule 7 – Probate

PART TWO: Probate Proceedings Other Than Trusts

7.32 RECEIPT OR WAIVER OF ACCOUNT SIGNED BY ATTORNEY IN FACT

Any waiver of account or any receipt of a distribution filed with the court that has been signed by an “attorney in fact” on a beneficiary’s behalf shall include a copy of the power of attorney granting authority to the attorney in fact to waive the account or sign the receipt.

(Rule 7.32 adopted effective July 1, 2010.)

7.33 – 7.49 [RESERVED]

7-19

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 198¶

Superior Court of California County of Solano

Rule 7 – Probate

PART THREE: Trusts

7.50 BENEFICIARIES OF TESTAMENTARY TRUST TO BE LISTED IN PETITION FOR LETTERS TESTAMENTARY

All petitions involving a testamentary trust must set forth the names and last known addresses of all vested and contingent beneficiaries.

(Rule 7.50 amended and renumbered effective July 1, 2009; adopted as Rule 7.45 effective July 1, 1988.)

7.51 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 at the time the compensation is sought.
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%.
(Subd (b) amended effective January 1, 2012; adopted effective July 1, 2009.)

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.

(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 7.51 amended effective January 1, 2012; adopted as Rule 7.46 effective July 1,
1988; previously amended effective July 1, 1988; amended and renumbered effective July
1, 2009.)

7-20

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 199¶

Superior Court of California County of Solano

Rule 7 – Probate

PART THREE: Trusts

7.52 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 7.52 adopted effective July 1, 2009.)

7.53 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 petition to approve minor’s compromise. The judge
assigned to hear the civil action or 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 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. Government Code §70655.

(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, 2012; adopted effective July 1, 2009.)

7-21

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 200¶

Superior Court of California County of Solano

Rule 7 – Probate

PART THREE: Trusts

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.
(Subd (b) adopted effective July 1, 2009.)

(Rule 7.53 amended effective January 1, 2012; adopted effective July 1, 2009.)

7.54 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
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.

7-22

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 201¶

Superior Court of California County of Solano

Rule 7 – Probate

PART THREE: Trusts

(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.

(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 7.54 adopted effective July 1, 2009.)

7.55 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 7.55 amended effective January 1, 2012; adopted effective July 1, 2009.)

7-23

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 202¶

Superior Court of California County of Solano

Rule 7 – Probate

PART THREE: Trusts

7.56 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 7.56 adopted effective July 1, 2010.)

7-24

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 203¶

Superior Court of California County of Solano

Rule 8 – Claims of Adults with Disabilities or Minors

8.1 CONTENTS OF PETITION FOR COMPROMISE OF CLAIM OF AN ADULT WITH DISABILITIES OR A MINOR

A petition for court approval of a compromise or covenant not to sue regarding an adult
with disabilities 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, 2010; adopted effective July 1, 1988; previously
amended effective July 1, 2009, and January 1, 2010.)

8.2 [RESERVED]

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 an adult with disabilities 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, 2010; adopted effective July 1, 2009; previously amended effective January 1, 2010; previous Rule 8.3, concerning representation of specified parties by counsel at hearings, repealed effective July 1, 2009.)

8-1

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 204¶

Superior Court of California County of Solano

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 205¶

Superior Court of California County of Solano

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.
(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.)

9-1

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 206¶

Superior Court of California County of Solano

Rule 9 – Attorney Fees in Default Matters, Promissory Notes, Contracts, and Foreclosures

(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
(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.)

9-2

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 207¶

Superior Court of California County of Solano

Rule 9 – Attorney Fees in Default Matters,
Promissory Notes, Contracts, and Foreclosures 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:

b. MAXIMUM ALLOWABLE ATTORNEY FEES IN OPEN BOOK ACCOUNTS
Per Civil Code section 1717.5, the maximum fee allowable in open book accounts
shall be the lesser of the following:

(1) 25% (Twenty-five percent) of the principal obligation owing under the
contract; or,

(2) The following amount:

(a) $800.00 based upon an obligation owing by a natural person for
goods, moneys, or services which were primarily for personal,
family, or household purposes.

(b) $1,000.00 for all other book accounts.
(Subd. (b) amended effective January 1, 2012.)

(Rule 9.3 adopted effective January 1, 2009.)

9-3

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 208¶

Superior Court of California County of Solano

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

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
20% of the next $4,000 = $800 Subtract $4,000 from the remaining balance - $53,000 = $4,000 = $49,000
15% of the next $5,000 = $750 Subtract $5,000 from the remaining balance - $49,000 - $5,000 = $44,000
10% of the next $10,000 = $1,000 Subtract $10,000 from the remaining balance - $44,000 = $10,000 = $34,000
5% of the next $30,000 = $1,500 Subtract $30,000 from the remaining balance - $34,000 = $30,000 = $4,000
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

9-4

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 209¶

Superior Court of California County of Solano

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.)

Superior Court of California County of Solano

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 217¶

Superior Court of California County of Solano

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 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.)

14-1

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 218¶

Superior Court of California County of Solano

Rule 14 – Unlawful Detainer

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.)

14-2

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 219¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

15.1 SCOPE OF GUARDIANSHIP RULES; TERMINOLOGY; DIRECT CALENDARING

a. MATTERS TO WHICH RULE 15 APPLIES
These guardianship rules apply to all probate guardianships of the person, the
estate, or both, which are filed pursuant to the Probate Code.
(Subd (a) amended effective January 1, 2012; adopted effective July 1, 2009.)

b. MATTERS TO WHICH RULE 15 DOES NOT APPLY
These guardianship rules do not apply to child custody matters filed pursuant to
the Family Code or to guardianships under the Welfare and Institutions Code.
(Subd (b) adopted effective July 1, 2009.)

c. 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 (c) adopted effective July 1, 2009.)

d. 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 the Supervising Judge of the Family Law 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 (d) adopted effective January 1, 2012.)

(Rule 15.1 amended effective January 1, 2012; previously adopted as Rule 7.52 effective
July 1, 2008; adopted effective July 1, 2009.)

15.2 FORMS TO BE FILED AT COMMENCEMENT OF PROCEEDING

a. FORMS FOR GENERAL GUARDIANSHIP OF THE PERSON ONLY
A petitioner seeking the appointment of a guardian of the person only must file
the following forms with the clerk of the court:

(1) Notice of Hearing – Guardianship or Conservatorship (Judicial Council
form GC-020);

15-1

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 220¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

(2) Petition for Appointment of Guardian of Minor (Judicial Council form
GC-210)
OR
Petition for Appointment of Guardian of the Person (Judicial Council form
GC-210(P));

(3) Guardianship Petition – Child Information Attachment (Judicial Council
form GC-210(CA));

(4) Indian Child Inquiry Attachment (Judicial Council form ICWA-010(A));

(5) Declaration Regarding Venue (Solano County Local Form no. 3700), or a
declaration contained within the petition that is in substantial compliance
with rule 15.2(e);

(6) Consent of Guardian, Nomination, and Waiver of Notice (Judicial Council
form GC-211);

(7) Confidential Guardian Screening Form (Judicial Council form GC-212);

(8) Duties of Guardian (Judicial Council form GC-248);

(9) Declaration under Uniform Child Custody Jurisdiction and Enforcement
Act (Judicial Council form FL-105);

(10) Court Investigator’s Information and Referral Form (Solano County Local
Form no. 3490);

(11) Order Appointing Investigator (Solano County Local Form no. 3510);

(12) Order Appointing Guardian of Minor (Judicial Council form GC-240);
and,

(13) Letters of Guardianship (Judicial Council form GC-250).
(Subd (a) adopted effective July 1, 2009.)

15-2

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 221¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

b. FORMS AND DECLARATIONS FOR GENERAL GUARDIANSHIP OF THE PERSON AND
THE ESTATE
A petitioner seeking the appointment of a guardian of the person and the estate
must file the following forms and declarations with the clerk of the court:

(1) Notice of Hearing – Guardianship or Conservatorship (Judicial Council
form GC-020)

(2) Petition for Appointment of Guardian of Minor (Judicial Council form
GC-210)

(3) Guardianship Petition – Child Information Attachment (Judicial Council
form GC-210(CA))

(4) Indian Child Inquiry Attachment (Judicial Council form ICWA-010(A));

(5) Declaration Regarding Venue (Solano County Local Form no. 3700), or a
declaration contained within the petition that is in substantial compliance
with rule 15.2(e);

(6) Preliminary Inventory of Guardianship Estate (Solano County Local Form
no. 3800);

(7) Consent of Guardian, Nomination, and Waiver of Notice (Judicial Council
form GC-211);

(8) Confidential Guardian Screening Form (Judicial Council form GC-212);

(9) Duties of Guardian (Judicial Council form GC-248);

(10) Declaration under Uniform Child Custody Jurisdiction and Enforcement
Act (Judicial Council form FL-105);

(11) Court Investigator’s Information and Referral Form (Solano County Local
Form no. 3490);

(12) Order Appointing Investigator (Solano County Local Form no. 3510);

15-3

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 222¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

(13) Order Appointing Guardian of Minor (Judicial Council form GC-240);
and,

(14) Letters of Guardianship (Judicial Council form GC-250).
(Subd (b) adopted effective July 1, 2009.)

c. FORMS FOR GENERAL GUARDIANSHIP OF THE ESTATE ONLY
A petitioner seeking the appointment of a guardian of the person and the estate
must file the following forms with the clerk of the court:

(1) Notice of Hearing – Guardianship or Conservatorship (Judicial Council
form GC-020)

(2) Petition for Appointment of Guardian of Minor (Judicial Council form
GC-210)
(3) Guardianship Petition – Child Information Attachment (Judicial Council
form GC-210(CA))

(4) Declaration Regarding Venue (Solano County Local Form no. 3700), or a
declaration contained within the petition that is in substantial compliance
with rule 15.2(e);

(5) Preliminary Inventory of Guardianship Estate (Solano County Local Form
no.3800);

(6) Consent of Guardian, Nomination, and Waiver of Notice (Judicial Council
form GC-211);

(7) Confidential Guardian Screening Form (Judicial Council form GC-212);

(8) Duties of Guardian (Judicial Council form GC-248);

(9) Court Investigator’s Information and Referral Form (Solano County Local
Form no. 3490);

(10) Order Appointing Investigator (Solano County Local Form no. 3510);

(11) Order Appointing Guardian of Minor (Judicial Council form GC-240);
and,

15-4

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 223¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

(12) Letters of Guardianship (Judicial Council form GC-250).
(Subd (c) adopted effective July 1, 2009.)

d. FORMS FOR TEMPORARY GUARDIANSHIP OF THE PERSON AND/OR THE ESTATE
In addition to the forms listed above for the appropriate form of general
guardianship, a petitioner seeking the appointment of a temporary guardian of the
person and/or the estate must file the following forms:

(1) Petition for Appointment of Temporary Guardian (Judicial Council form
GC-110)
OR
Petition for Appointment of Temporary Guardian of the Person (Judicial
Council form GC-110(P));

(2) Order Appointing Temporary Guardian or Conservator (Judicial Council
form GC-140); and,

(3) Letters of Temporary Guardianship or Conservatorship (Judicial Council
form GC-150).

The petition shall include a detailed declaration indicating why a temporary
guardianship is necessary or appropriate.
(Subd (d) adopted effective July 1, 2009.)

e. DECLARATION REGARDING VENUE

(1) Proposed Wards who are Residents of California
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 Declaration re:
Venue (Solano County Local Form no. 3700) or in a declaration in
substantial compliance with this rule, or may be included in the body of
the petition for guardianship.
(Subd (1) adopted effective July 1, 2009.)

15-5

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 224¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

(2) Proposed Wards who are Not Residents of California – Guardianships of
the Person
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 Declaration re:
Venue (Solano County Local Form no. 3700) or in a declaration in
substantial compliance with this rule, or may be included in the body of
the petition for guardianship.
(Subd (2) adopted effective July 1, 2009.)

(3) Proposed Wards who are Not Residents of California – Guardianships of
the Estate
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 Declaration re: Venue (Solano County Local
Form no. 3700) or in a declaration in substantial compliance with this rule,
or may be included in the body of the petition for guardianship.
(Subd (3) adopted effective July 1, 2009.)
(Subd (e) adopted effective July 1, 2009.)

(Rule 15.2 adopted effective July 1, 2009; adopted as Rule 7.53 effective July 1, 2008.)

15.3 NOTICE OF PETITION FOR APPOINTMENT OF GUARDIAN OR TEMPORARY GUARDIAN

a. MINIMUM NOTICE REQUIREMENTS – RELATIVE GUARDIANSHIPS
Except as excused by court order or as otherwise stated elsewhere in these rules,
in proceedings where the proposed guardian is related to the proposed ward
within the second degree as defined by Probate Code section 1513, subdivision

15-6

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 225¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

(g), the petitioner shall provide notice of his or her petition for appointment of
guardian as required by Probate Code section 1511. The court may, in its
discretion, require notice to other relatives, including a person alleged to be a
ward’s parent, or other interested parties.
(Subd (a) amended effective July 1, 2009.)

b. MINIMUM NOTICE REQUIREMENTS – NON-RELATIVE GUARDIANSHIPS
Except as excused by court order or as otherwise stated elsewhere in these rules,
in proceedings where the proposed guardian is not related to the proposed ward
within the second degree as defined by Probate Code section 1513, subdivision
(g), the petitioner shall provide notice of his or her petition for appointment of
guardian as required by Probate Code sections 1511 and 1542. The addresses
for the Director of Social Services and the Solano County Health and Social
Services Department, the local agency designated for court investigations per
Probate Code section 1542, are listed in Appendix 15-A. The court may, in its
discretion, require notice to other relatives, including a person alleged to be a
ward’s parent, or other interested parties.
(Subd (b) adopted effective July 1, 2009.)

c. DOCUMENTS TO BE SERVED
A petitioner must have the following documents served on any person who is
entitled to notice of the petition for guardianship per Probate Code section 1511
and/or by order of the court:

(1) A copy of the filed Petition for Appointment of Guardian (Judicial
Council form GC-210 or GC-210(P)) with any and all attachments; and,

(2) Notice of Hearing – Guardianship or Conservatorship (Judicial Council
form GC-020).
(Subd (c) adopted effective July 1, 2009.)

d. PROOF OF PERSONAL SERVICE
Any person effectuating personal service on one or more individuals shall fill out
and sign a Proof of Personal Service of Notice of Hearing (Judicial Council form
GC-020(P)). The server may instead prepare and sign a declaration substantially
equivalent to Judicial Council form GC-020(P). The server shall provide the
completed and signed form or declaration to the petitioner. The petitioner shall
attach the completed form to the original Notice of Hearing (Judicial Council

15-7

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 226¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

form GC-020) and file both original forms with the court at least five calendar
days before the scheduled hearing date.
(Subd (d) adopted effective July 1, 2009.)

e. PROOF OF SERVICE BY MAIL
Any person effectuating service by mail on one or more individuals or
government agencies shall fill out and sign a Proof of Service by First-Class Mail
– Civil (Judicial Council form POS-030). The server may instead prepare and
sign a declaration substantially equivalent to Judicial Council form POS-030.
The server shall provide the completed and signed form or declaration to the
petitioner. The petitioner shall file the original Notice of Hearing (Judicial
Council form GC-020) and the proof of service by mail with the court at least five
calendar days before the scheduled hearing date.
(Subd (e) adopted effective July 1, 2009.)

f. DECLARATION OF DUE DILIGENCE
If a petitioner cannot locate a relative or other person for whom notice is required,
the petitioner shall file a Declaration of Due Diligence (Solano County Local
Form no. 3705) or a substantially equivalent declaration which complies with this
rule. The declaration must specify the name of the relative or other 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 locate the person, and any facts that explain why the
person cannot be located. At a minimum, the petitioner shall make all of 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;

15-8

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 227¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

(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 (f) adopted effective July 1, 2009.)

g. ORDER DISPENSING WITH NOTICE
A petitioner seeking an order dispensing with notice for one or more persons shall
submit an Order Dispensing with Notice (Judicial Council form GC-021) to the
court prior to or at the hearing on the petition for guardianship. The court will
not grant an order dispensing with notice unless the petitioner has filed a
Declaration of Due Diligence pursuant to Solano County Local Rules, rule 15.3,
subdivision (f).
(Subd (g) adopted effective July 1, 2009.)

h. NOTICE IN TEMPORARY GUARDIANSHIPS
Notice in temporary guardianships is governed by Probate Code section 2250(e).
(Subd (h) adopted effective July 1, 2008.)

(Rule 15.3 adopted effective July 1, 2009; adopted as Rule 7.52 effective July 1, 1989.)

15.4 COURT 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).
(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,

15-9

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 228¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

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 Guardianships (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:
Court Investigators Office
Superior Court of California, County of Solano
600 Union Avenue
Fairfield, California 94533
(Subd (c) 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
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,

15-10

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 229¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

(3) Any other forms that may be required by the Department.

The documents shall be delivered or mailed to:
Supervisor – Court Unit, Children’s Bureau
Department of Health & Social Services
275 Beck Avenue MS5-230
Fairfield, CA 94533
(Subd (d) 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, proposed or appointed
guardian, 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) 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
the court’s normal business hours. The subpoena shall be accompanied by
payment in the amount of $150.00 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.

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.

15-11

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 230¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

(Rule 15.4 amended effective January 1, 2012; adopted as Rule 7.55 effective July 1, 2008; adopted as Rule 15.4 effective July 1, 2009.)

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 section1513.1. 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.
The assessed fee is payable within 30 days after the Assessment and Order for
Payment is mailed by the Court Investigators Office.
(Subd (a) amended effective January 1, 2010; adopted effective July 1, 2009.)

b. PAYMENT OF COURT INVESTIGATOR FEES
Any and all assessments not waived by the court or county shall be paid to the
court.
(Subd (b) adopted effective July 1, 2009.)

c. DEFERMENT OR WAIVER OF COURT INVESTIGATOR FEES
Upon application by a guardian or proposed guardian, a custodial parent, or a
ward or proposed 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) adopted effective July 1, 2009.)

15-12

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 231¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

(Rule 15.5 amended effective January 1, 2010; adopted effective July 1, 2009; previously adopted as Rule 7.54 effective July 1, 1989; previously renumbered as Rule 7.56 effective July 1, 2008.)

15.6 TEMPORARY GUARDIANSHIPS

a. GUARDIANSHIPS OF THE PERSON
The court will not normally grant a temporary guardianship of the person if the
proposed ward is not living with or otherwise in the physical custody of the
proposed guardian.
(Subd (a) adopted effective July 1, 2009.)

b. GUARDIANSHIPS OF THE ESTATE
The court will ordinarily require a bond for a temporary guardian of the estate.
Unless the bond requirement is waived by the court, letters of temporary
guardianship shall not issue until the temporary guardian has filed the requisite
proof of bond per Probate Code section 2251.
(Subd (b) adopted effective July 1, 2009.)

(Rule 15.6 adopted effective July 1, 2009; adopted as Rule 7.57 effective July 1, 2008.)

15.7 EX PARTE APPLICATIONS FOR TEMPORARY GUARDIANSHIP OR OTHER TEMPORARY ORDERS

a. EX PARTE APPLICATIONS GENERALLY
Ex parte applications are extraordinary remedies. Except as set forth in an
individual rule, ex parte applications for a temporary guardianship of either the
estate or the person, or for temporary orders pertaining to an existing
guardianship, are appropriate only where the applicant makes a showing per
California Rules of Court, rule 7.1012 that an exception to the notice requirements
is necessary to protect the ward or the proposed ward or his or her estate from
immediate and substantial harm.
(Subd (a) adopted effective July 1, 2009.)

b. GUIDELINES FOR EX PARTE APPLICATIONS
Unless the petitioner makes a showing of immediate and substantial harm or
other good cause for an ex parte granting of a temporary guardianship or other
orders as set forth in California Rules of Court, rule 7.1012, the court ordinarily
will not entertain an ex parte application for appointment of a temporary guardian

15-13

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 232¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

or for other temporary orders, even where all those entitled to notice have joined
in the petition. In cases where the court determines that immediate appointment of
a temporary guardian is necessary, said appointment shall be governed by the
provisions of Probate Code section 2250.
(Subd (b) adopted effective July 1, 2009.)

c. FORMS TO BE FILED FOR EX PARTE APPLICATIONS
In addition to the Judicial Council and local forms required for temporary and
general guardianships, a petitioner seeking an ex parte order appointing a
temporary guardian or seeking temporary orders in an existing guardianship shall
be required to file an Ex Parte Application for Temporary Guardianship or Other
Orders (Solano County Local Form no. 3710).
(Subd (c) adopted effective July 1, 2009.)

d. EX PARTE NOTICE REQUIREMENTS

(1) Before submitting an ex parte application for the court's consideration, the
applicant shall comply with the procedures in Probate Code section 1051,
California Rules of Court, rule 7.55, and all applicable local rules. Unless
otherwise stated in the Solano County Local Rules, the applicant must
comply with all requirements for a declaration setting forth that NOTICE
of the ex parte request has been given to all required persons or the reason
notice has not been given. At the time of submission of the application, a
completed Declaration Re Notice Upon Ex Parte Application for Orders –
Guardianships (Solano County Local Form no. 3710-G) or a declaration in
substantial compliance therewith, shall accompany all applications for ex
parte orders and shall be filed before the ex parte hearing. The moving
party shall make available a copy of the filed Declaration Re Notice Upon
Ex Parte Application for Orders to the judicial officer, and to the opposing
party or attorney if one appears, at the time of the ex parte hearing, or the
ex parte hearing may be ordered rescheduled.
(Subd (1) adopted effective July 1, 2009.)

15-14

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 233¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

package be served in a prescribed manner upon another party, interested
person, or his or her attorney, at a specified time before the ex parte
hearing. Notice may be excused pursuant to these rules.
(Subd (2) adopted effective July 1, 2009.)
(Subd (d) adopted effective July 1, 2009.)

e. PROCEDURE FOR EX PARTE APPLICATIONS

(1) To determine whether, if taken as true, the moving papers demonstrate
immediate and substantial harm or otherwise set forth good cause for
granting a temporary emergency order, the assigned judicial officer shall
consider the requesting party’s papers and, in his or her discretion,
determine that the matter should be addressed in an ex parte hearing, or
with an order shortening time for notice or for a hearing, or with a
regularly set petition. All ex parte applications must be submitted for
screening by 1:30 p.m. for consideration on that same court day.
Presenting the ex parte motion for this screening process does not in and
of itself constitute submission of the motion for the court’s consideration
per Solano County Local Rules, rule 15.7 (d), above.
(Subd (1) adopted effective July 1, 2009.)

(2) Before a hearing on an ex parte application may take place, the moving
party shall present proof (such as a receipt) that the additional ex parte
filing fees have been paid or shall provide proof that the party has a
current fee waiver on file in the guardianship case. Unless the moving
party has a valid and current fee waiver on file, failure to present proof of
payment of the ex parte fees will result in the hearing being taken off
calendar,
(Subd (2) adopted effective July 1, 2009.)
(3) At the ex parte hearing, the party requesting ex parte orders must inform
the judicial officer whether the opposing party is represented by counsel or
is unrepresented. Per California Rules of Court, rule 7.55, the party
requesting ex parte orders must also disclose whether special notice has
been requested and if so, whether special notice has been given to or
waived by the person who requested it.
(Subd (3) adopted effective July 1, 2009.)
(Subd (e) adopted effective July 1, 2009.)

15-15

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 234¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

(Rule 15.7 adopted effective July 1, 2009; adopted as Rule 7.55 effective July 1988; renumbered as Rule 7.58 effective July 1, 2008.)

15.8 CONTESTED GUARDIANSHIPS

a. DISCLOSURE OF PROCEEDINGS AFFECTING THE WARD OR PROPOSED WARD
The petitioner shall fully disclose in the petition (or thereafter as required by
Probate Code section 1512) any information the petitioner has concerning any
other pending or concluded proceeding involving the custody or guardianship of
the minor. This shall include, but is not limited to, any adoption, juvenile court,
marriage dissolution, domestic relations, or other similar proceeding affecting the
ward or proposed ward in any jurisdiction, including other counties, states, or
foreign countries.
(Subd (a) adopted effective July 1, 2009.)

b. OBJECTIONS TO THE APPOINTMENT OF GUARDIAN
A person objecting to the appointment of a temporary or general guardian of the
person and/or estate shall file an Objection to Appointment of Guardian (Solano
County Local Form no. 3455) as far in advance as possible of the appropriate
guardianship hearing date. For example, an objection to the appointment of a
temporary guardian shall be filed prior to the hearing on the temporary
guardianship. The objection shall be served on all parties entitled to notice per
Probate Code sections 1511 and 1542 as well as the Court Investigators Office. A
proof of service showing service on each individual shall be filed with the court.
If filing and service of the objection is not possible prior to the hearing date, the
objecting party shall appear at the hearing either personally or through counsel to
state their objection(s) on the record; however, unless otherwise ordered by the
court, appearance at the hearing does not excuse the objecting party from filing
his or her Objection to Appointment of Guardian and complying with the service
requirements in this rule.
(Subd (b) adopted effective July 1, 2009.)

c. NOMINATION OF ALTERNATE GUARDIAN
A person’s nomination of an alternate guardian for a proposed ward in an
Objection to Appointment of Guardian (Solano County Local Form no. 3455)
shall not be considered unless and until a petition naming the alternate proposed
guardian is filed and the alternate proposed guardian indicates in writing that he
or she consents to the nomination. A petition filed under this rule shall be filed in
the same case number as the original petition. A petition filed pursuant to this

15-16

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 235¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

rule is subject to the same service and notice requirements as the original petition for guardianship. (Subd (c) adopted effective July 1, 2009.)

(Rule 15.8 adopted effective July 1, 2009; adopted as Rule 7.56 effective July 1, 1988; renumbered as Rule 7.59 effective July 1, 2008.)

15.9 ORDERS FOR VISITATION IN GUARDIANSHIPS

a. REQUEST FOR VISITATION ORDERS
A party seeking orders granting visitation with a ward or proposed ward shall file
a petition seeking visitation orders. The court may promulgate a local form for
use in filing a petition for visitation. Except as excused by court order or as
otherwise stated elsewhere in these rules, the party shall provide notice of his or
her petition as required by Probate Code section 1511 and Solano County Local
Rules, rule 15.3. The court may, in its discretion, require notice to other relatives,
including a person alleged to be a ward’s parent, or other interested parties.
(Subd (a) adopted effective July 1, 2009.)

b. DOCUMENTS TO BE SERVED
A party requesting visitation orders must have the following documents served on
any person who is entitled to notice of the petition for guardianship per Probate
Code section 1511, Solano County Local Rules, rule 15.3, and/or by order of the
court:

(1) A copy of the filed petition for visitation with any and all attachments;
and,

(2) Notice of Hearing – Guardianship or Conservatorship (Judicial Council
form GC-020).
(Subd (b) adopted effective July 1, 2009.)

c. PROOFS OF SERVICE; DECLARATIONS OF DUE DILIGENCE
A party requesting visitation shall file one or more proofs of service
demonstrating that all persons entitled to notice per Solano County Local Rules,
rule 15.3 have been served as required. The proofs of service shall be completed
and filed as described in rule 15.3, subdivisions (d) and (e), as appropriate. A
party who cannot locate or provide notice to a particular individual shall comply
with rule 15.3, subdivision (f).

15-17

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 236¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

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

d. MEDIATION
If a dispute exists as to the request for visitation, the matter shall be referred to
mediation with Family Court Services. Mediations ordered as a result of this
local rule shall be subject to all provisions found in Chapter 11 (commencing with
Family Code section 3160) of Part 3 of Division 8 of the Family Code, all
applicable provisions in the California Rules of Court, and Solano County Local
Rules, rule 5.11.
(Subd (d) adopted effective July 1, 2009.)

e. ORDERS FOR VISITATION
Stipulations between the parties for visitation between a ward and another
individual shall be prepared as a pleading or on a form designated by the court for
use in guardianship matters. All other court orders concerning visitation with a
ward shall be prepared and filed as a pleading or on a form designated by the
court for use in guardianship matters.
(Subd (e) adopted effective July 1, 2009.)

(Rule 15.9 adopted effective July 1, 2009; adopted as Rule 7.60 effective July 1, 2008.)

15.10 GUARDIANSHIPS OF THE ESTATE – INVENTORIES AND APPRAISALS

a. INVENTORIES AND APPRAISALS GENERALLY
Inventories and appraisals in guardianships of the estate are governed by Chapter
7 of Part 4 of Division 4 of the Probate Code (commencing with section 2600).
The use of mandatory Judicial Council forms is required, and the use of optional
Judicial Council forms is strongly encouraged, in the preparation of all inventories
and appraisals.
(Subd (a) adopted effective July 1, 2009.)

b. REVIEW HEARING FOR INVENTORIES AND APPRAISALS
At the time of the appointment of a guardian of the estate or a guardian of the
person and the estate, the court shall set a review hearing to take place four (4)
months after the date of appointment. The date of the initial compliance review
hearing shall be listed as part of the order appointing the guardian. The court
may set additional review hearings as needed for the initial and any subsequent
inventories and appraisals.
(Subd (b) adopted effective July 1, 2009.)

15-18

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 237¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

c. FILING OF INVENTORIES AND APPRAISALS
The guardian shall file the inventory and appraisal required by Probate Code
section 2610 at least thirty (30) days prior to the date of the review hearing set
pursuant to Rule 15.10, subsection (b), concerning that inventory and appraisal.
(Subd (c) adopted effective July 1, 2009.)

d. SERVICE OF INVENTORIES AND APPRAISALS
At the time that the guardian of the estate presents an inventory and appraisal to
the court pursuant to Probate Code sections 2610 or 2620 or any other section of
the Probate Code, the guardian shall also serve an exact copy of the inventory and
appraisal on the Court Investigators Office, if the inventory is in a relative
guardianship of the estate, or on the Solano County Department of Health &
Social Services, if the inventory is in a non-relative guardianship of the estate.
(Subd (d) adopted effective July 1, 2009.)

e. SERVICE OF NOTICE OF HEARING ON OBJECTIONS TO INVENTORIES AND
APPRAISALS
A person who files an objection to the inventory and appraisal of a guardian shall
timely serve a notice of hearing on the Court Investigators Office, if the inventory
and appraisal is in a relative guardianship of the estate, or on the Solano County
Department of Health & Social Services, if the inventory and appraisal is in a
non-relative guardianship of the estate. This notice of hearing shall only be
required for a hearing set by the objecting party that is not already on calendar.
No notice of the hearing is required for the review hearings set automatically by
the court.
(Subd (e) adopted effective July 1, 2009.)

(Rule 15.10 adopted effective July 1, 2009; adopted as Rule 7.59 effective July 1, 1992;
renumbered as Rule 7.61 effective July 1, 2008.)

15.11 GUARDIANSHIPS OF THE ESTATE – ACCOUNTINGS

a. ACCOUNTINGS GENERALLY
Accountings in guardianships of the estate are governed by Chapter 7 of Part 4 of
Division 4 of the Probate Code (commencing with section 2600). The use of
mandatory Judicial Council forms is required, and the use of optional Judicial
Council forms is strongly encouraged, in the preparation of all accountings.
(Subd (a) adopted effective July 1, 2009.)

15-19

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 238¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

b. SUPPLEMENTAL REPORT TO ACCOMPANY ACCOUNTING
In addition to the information required by Probate Code section 2620, each
accounting shall include a report containing the following information:

(1) An explanation of any unusual items appearing in the account;

(2) A report of the stewardship of the fiduciary in the management of the
assets of the ward's estate during the period covered by the account;

(3) In cases where a bond has been ordered, a statement attesting that bond
premiums have been paid regularly; and,

(4) If income-producing property is inventoried in the guardianship and the
account fails to indicate that income is being produced by the property, an
explanation as to the lack of income.
(Subd (b) adopted effective July 1, 2009.)

c. REVIEW HEARING FOR ACCOUNTINGS
At the time of the appointment of a guardian of the estate or a guardian of the
person and the estate, the court shall set a review hearing to take place fifteen (15)
months after the date of appointment. The date of the compliance review hearing
shall be listed as part of the order appointing the guardian. The court may set
additional review hearings as needed for the initial and any subsequent accounts.
(Subd (c) amended effective January 1, 2012; adopted effective July 1, 2009.)

d. FILING OF ACCOUNTINGS
The guardian shall file the accounting required by Probate Code section 2620 at
least thirty (30) days prior to the date of the review hearing set pursuant to Rule
15.11, subsection (c), concerning that accounting.
(Subd (d) adopted effective July 1, 2009.)

e. SERVICE OF ACCOUNTINGS
At the time that the guardian of the estate presents an accounting to the court
pursuant to Probate Code section 2620 et seq. or any other section of the Probate
Code, the guardian shall also serve an exact copy of the inventory on the Court
Investigators Office, if the inventory is in a relative guardianship of the estate, or
on the Solano County Department of Health & Social Services, if the inventory is
in a non-relative guardianship of the estate. Said service shall be at least thirty
(30) days prior to the date of the review hearing set pursuant to Rule 15.11,

15-20

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 239¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

subsection (c). Absent a court order to the contrary, any subsequent accountings
shall likewise be filed and served on at least 30 days prior to any subsequent
compliance review hearings.
(Subd (e) adopted effective July 1, 2009.)

f. SERVICE OF NOTICE OF HEARING ON OBJECTIONS TO ACCOUNTINGS
A person who files an objection to the accounting of a guardian shall timely serve
a notice of hearing on the Court Investigators Office, if the inventory is in a
relative guardianship of the estate, or on the Solano County Department of Health
& Social Services, if the inventory is in a non-relative guardianship of the estate.
This notice of hearing shall only be required for a hearing set by the objecting
party that is not already on calendar. No notice of the hearing is required for the
review hearings set automatically by the court.
(Subd (f) adopted effective July 1, 2009.)

(Rule 15.11 amended effective January 1, 2012; adopted as Rule 7.61 effective July 1,
1989; renumbered as Rule 7.62 effective July 1, 2008; adopted as Rule 15.11 effective
July 1, 2009.)

15.12 ALLOWANCE OF FEES IN GUARDIANSHIP PROCEEDINGS

a. COMPENSATION FOR GUARDIAN OR GUARDIAN’S COUNSEL
A guardian of the estate or the person and/or his or her attorney may petition the
court for just and reasonable compensation in accordance with Probate Code
sections 2640 and 2642. In determining whether to award compensation, the
court shall take into consideration the following:
(1) The nature and difficulty of the services rendered to the ward and/or the
ward’s estate;

(2) The results achieved from those services;

(3) The benefit to the ward and/or the ward’s estate of those services;

(4) The productivity of the guardian’s and/or attorney’s time spent in
performing the services;

(5) The expertise and experience of the person requesting the fees;

(6) The hourly rate of the person performing the services; and,

15-21

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 240¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

(7) The total amount of compensation requested in relation to size and income
of the ward’s estate, if applicable.
(Subd (a) adopted effective July 1, 2009.)

(Rule 15.12 adopted effective July 1, 2009; adopted as Rule 7.63 effective July 1, 1989.)

15.13 INVESTMENTS BY GUARDIAN OF THE ESTATE

a. GENERAL GUIDELINES FOR INVESTMENTS
Unless otherwise authorized by court order, a guardian of the estate shall
normally be subject to the following guidelines when investing on behalf of a
ward’s estate:

(1) The investments shall be prudent and in keeping with the size and
character of the ward’s estate;

(2) Investments in small estates should be limited to those not likely to
fluctuate in value;

(3) Larger guardianship estates may be diversified to permit a part of the
estate funds to be invested in securities likely to yield higher growth; and,

(4) Investments in existence at the time of the creation of the guardianship
usually may be maintained.
(Subd (a) adopted effective July 1, 2009.)

b. PROHIBITED INVESTMENTS
Unless otherwise permitted by court order upon application by the guardian and a
showing of good cause, the court will not authorize the following types of
investments on behalf of a ward’s estate:

(1) Unsecured loans using estate funds or assets;

(2) Secured loans to a relative of the guardian or the ward;

(3) Debenture bonds;

(4) Bonds or obligations of foreign governments or corporations, whether
payable in dollars or not;

15-22

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 241¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

(5) Investments in real estate, unless supported by an appraisal by the court’s
probate referee and the purchase is made with cash; or,

(6) Any type of life insurance policy on the ward’s life.
(Subd (b) adopted effective July 1, 2009.)

c. EX PARTE APPLICATIONS FOR ORDERS AUTHORIZING INVESTMENTS
If a request for special notice has not been filed, a petition to invest may be heard
ex parte.
(Subd (c) adopted effective July 1, 2009.)

(Rule 15.13 adopted effective July 1, 2009; adopted as Rule 7.64 effective July 1, 1988.)

15.14 APPOINTMENT OF COUNSEL FOR WARD

a. ELIGIBILITY FOR INITIAL APPOINTMENT
An attorney wishing to be considered for appointment on any guardianship case
on or after January 1, 2008, must comply with California Rules of Court, rule
7.1101, and submit a request to the court to be placed on the panel of appointed
attorneys in guardianship cases. The request must be accompanied by a
Certification of Attorney Concerning Qualifications For Court Appointment in
Conservatorships or Guardianships (Judicial Council form GC-010). An attorney
whose request is approved by the court is thereafter eligible for appointment in
guardianship cases.
(Subd (a) adopted effective July 1, 2009.)

b. RENEWAL OF ELIGIBILITY FOR APPOINTMENT
An attorney who is eligible for appointment in guardianship cases pursuant to rule
15.14, subdivision (a), shall certify to the court by March 31 of each year
following the attorney’s initial approval that he or she has completed the
education requirements set forth in California Rules of Court, rule 7.1101. The
certification shall be on the Annual Certification of Court-Appointed Attorney
form (Judicial Council form GC-011). Failure to timely comply with the
certification requirements or with the education requirements in rule 7.1101 shall
result in the removal of the attorney from the approved panel of appointed
attorneys; however, the court may reinstate the attorney upon the prompt filing of
an affidavit to the court demonstrating good cause why the certification was not
timely submitted to the court.
(Subd (b) adopted effective July 1, 2009.)

15-23

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 242¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

c. STANDARDS GOVERNING COUNSEL FOR WARD
Counsel appointed to represent a ward in a guardianship proceeding shall be
subject to, and shall have all applicable rights and responsibilities found in,
California Rules of Court, rule 5.242.
(Subd (c) adopted effective July 1, 2009.)

d. COMPENSATION OF COUNSEL FOR WARD
Compensation of counsel appointed to represent a ward shall be governed by
Probate Code section 1470. All orders appointing minor’s counsel in
guardianship proceedings, including orders setting compensation, shall be on an
Order Appointing Minor’s Counsel form (Solano County Local Form no. 3750).
(Subd (d) adopted effective July 1, 2009.)

(Rule 15.14 adopted effective July 1, 2009; adopted as Rule 7.65 effective July 1, 2008.)

15.15 TERMINATION OF GUARDIANSHIP

a. FORMS TO BE FILED FOR TERMINATION OF GUARDIANSHIP
A party wishing to terminate a guardianship for a ward who is not deceased or
emancipated must file the following forms:
(1) Notice of Hearing – Guardianship or Conservatorship (Judicial Council
form GC-020);

(2) Petition for Termination of Guardianship (Judicial Council form GC-255);
and,

(3) Order Terminating Guardianship (Judicial Council form GC-260).
(Subd (a) adopted effective July 1, 2009.)

b. NOTICE OF THE PETITION TO TERMINATE
The party filing a petition to terminate the guardianship is subject to the service
and notice requirements stated in Solano County Local Rules, rule 15.3. A copy
of the petition and the Notice of Hearing shall also be served on the Court
Investigators Office, if the guardianship to be terminated is a relative
guardianship, or on the Solano County Department of Health & Social Services, if
the guardianship to be terminated is a non-relative guardianship.
(Subd (b) adopted effective July 1, 2009.)

15-24

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 243¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

c. LODGING OF ORDER TERMINATING GUARDIANSHIP
In the event the court makes custody orders as part of an order terminating a
guardianship pursuant to Probate Code section 1601, a copy of the custody order
shall be filed in any pending or subsequently commenced proceeding concerning
custody of the child. The custody order shall be prepared as a pleading or on a
form designated by the court for use pursuant to this rule.
(Subd (c) adopted effective July 1, 2009.)

(Rule 15.15 adopted effective July 1, 2009; adopted as Rule 7.81 effective July 1, 1988;
renumbered as Rule 7.66 effective July 1, 2008.)

15.16 SANCTIONS

Failure to comply with these local rules in guardianship matters may result in the imposition of sanctions pursuant to Code of Civil Procedure section 575.2.

(Rule 15.16 adopted effective July 1, 2009.)

15.17 GUARDIANSHIPS OF THE PERSON – STATUS REPORT

To the extent that the court determines that court resources are available, the court may order on a case-by-case basis that a guardian of the person or a guardian of the person and estate shall comply with the annual status report requirement per Probate Code section 1513.2.

(Rule 15.17 adopted effective January 1, 2010.)

15.18 – 15.49 [RESERVED]

15-25

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 244¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships

15.50 CONSERVATORSHIP MATTERS TO WHICH RULE 15 APPLIES

Unless otherwise stated in an individual rule, Rule 15 shall apply to all conservatorship
matters brought pursuant to the Probate Code. It does not apply to LPS conservatorships
brought pursuant to Welfare & Institutions Code section 5000 et seq.

(Rule 15.50 adopted effective July 1, 2009.)

15.51 CONTINUANCE OF HEARING WHERE CONSERVATEE NOT SERVED WITH CITATION

If the proposed conservatee has not been served with the citation as required by Probate Code section 1824, the petitioner shall notify the court and all persons entitled to notice at least 15 days prior to the hearing and request a new hearing date. The original citation shall be filed showing no service and an amended citation shall be issued with the new hearing date. The petitioner shall also serve a notice to all interested persons of the new hearing date.

(Rule 15.51 adopted effective July 1, 2009; previously adopted as portion of Rule 7.69 effective July 1, 1988.)

15.52 ADDITIONAL REQUIREMENTS FOR PROPOSED CONSERVATORS PRIOR TO ISSUANCE OF LETTERS

a. Pursuant to Probate Code section 1834, subsection (b), Solano County requires
that a conservator provide the court with the conservator’s Social Security number
and driver’s license numbers. A conservator shall be deemed to have complied
with this requirement by submitting a fully completed and signed Confidential
Conservator Screening Form (Judicial Council form GC-314) to the Court
Investigators Office as part of the initial conservatorship investigation process.
This requirement shall not apply to the Public Guardian.
(Subd. (a) relettered and amended effective July 1, 2011.)

b. All proposed conservators shall view the video With Heart: Understanding
Conservatorships, prior to the initial hearing on the petition, and shall file an
affidavit under penalty of perjury stating they have complied with this
requirement. This requirement shall not apply to the Public Guardian.
(Subd. (b) adopted effective July 1, 2011.)

15-26

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 245¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships

(Rule 15.52 amended effective July 1, 2011; previously adopted as portion of Rule 7.69 effective July 1, 1988; adopted effective July 1, 2009.)

15.53 COURT INVESTIGATOR

a. AUTOMATIC APPOINTMENT OF COURT INVESTIGATOR
The court automatically appoints the court investigator to conduct investigations
into probate conservatorships and proposed probate conservatorships.
(Subd (a) adopted effective July 1, 2009.)

b. SERVICE OF DOCUMENTS ON COURT INVESTIGATOR UPON COMMENCEMENT OF
THE PROCEEDING
Immediately upon the filing of a Petition for Appointment of Temporary
Conservator or Petition for Appointment of Probate Conservator, the petitioner or
the petitioner's attorney must submit the following documents to the Court
Investigators Office:

(1) Notice of Hearing – Guardianship or Conservatorship (Judicial Council
form GC-020);

(2) A copy of the Petition for Appointment of Probate Conservator (Judicial
Council form GC-311);

(3) A copy of the Petition for Appointment of Temporary Conservator
(Judicial Council form GC-111), if one was filed; and,

(4) The Confidential Conservator Screening Form (Judicial Council form GC-
314).

The documents shall be delivered or mailed to:
Court Investigators Office
Superior Court of California, County of Solano
600 Union Avenue
Fairfield, California 94533
(Subd (b) adopted effective July 1, 2009.)

15-27

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 246¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships

c. SERVICE OF PETITIONS AND OTHER DOCUMENTS ON COURT INVESTIGATOR
AFTER APPOINTMENT OF CONSERVATOR
A copy of any pleadings or documents filed in the court file shall be immediately
provided to the Court Investigators Office by the party or attorney filing said
pleadings or documents.
(Subd (c) adopted effective July 1, 2009.)

d. DUTY TO UPDATE INFORMATION GIVEN TO INVESTIGATOR
The petitioner must advise the investigating office of any changes to the contact
information of the conservatee or proposed conservatee.
(Subd (d) adopted effective July 1, 2009.)

e. DUTY TO COOPERATE WITH INVESTIGATOR
All parties, including but not limited to the petitioner, proposed or appointed
conservator, conservatee or proposed conservatee, and any attorneys for the
parties, including appointed counsel for the conservatee or proposed conservatee,
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 (e) adopted effective July 1, 2009.)

f. 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
the court’s normal business hours. The subpoena shall be accompanied by
payment in the amount of $150.00 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.

15-28

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 247¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships

(Rule 15.53 amended effective January 1, 2012; previously adopted as Rule 7.70 effective July 1, 1988; adopted as Rule 15.53 effective July 1, 2009.)

15.54 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 1851.5. 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.
The assessed fee is payable within 30 days after the Assessment and Order for
Payment is mailed by the Court Investigators Office.
(Subd (a) amended effective January 1, 2010; adopted effective July 1, 2009.)

b. PAYMENT OF COURT INVESTIGATOR FEES
Any and all assessments not waived by the court shall be paid to the court.
(Subd (b) adopted effective July 1, 2009.)

c. DEFERRAL OR WAIVER OF COURT INVESTIGATOR FEES
Upon application by the conservator or proposed conservator or the conservatee
or proposed conservatee, 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 at the time of the assessment would constitute a hardship for the
conservatee or conservatee’s estate pursuant to Probate Code section 1851.5. 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 conservatee or proposed conservatee if the conservatee qualifies for
a fee waiver under Government Code section 68630 et seq. The court shall
review the conservatee’s ability to pay the assessed fee at every review of the
conservatorship. If the court finds the conservatee is able to pay the fee at the
time of a review, or if the court otherwise becomes aware of a change in
circumstances permitting payment of the fees by the conservatee, the court shall
order the fees paid.
(Subd (c) adopted effective July 1, 2009.)

15-29

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 248¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships

(Rule 15.54 amended effective January 1, 2010; adopted effective July 1, 2009.)

15.55 APPOINTMENT OF COUNSEL FOR CONSERVATEE

a. ELIGIBILITY FOR INITIAL APPOINTMENT
An attorney wishing to be considered for appointment on any conservatorship
case on or after January 1, 2008, must comply with California Rules of Court, rule
7.1101, and submit a request to the court to be placed on the panel of appointed
attorneys in conservatorship cases. The request must be accompanied by a
Certification of Attorney Concerning Qualifications For Court Appointment in
Conservatorships or Guardianships (Judicial Council form GC-010). An attorney
whose application is approved by the court is thereafter eligible for appointment
in conservatorship cases.
(Subd (a) adopted effective July 1, 2009.)

b. RENEWAL OF ELIGIBILITY FOR APPOINTMENT
An attorney who is eligible for appointment in conservatorship cases pursuant to
rule 15.55, subdivision (a), shall certify to the court by March 31 of each year
following the attorney’s initial approval that he or she has completed the
education requirements set forth in California Rules of Court, rule 7.1101. The
certification shall be on the Annual Certification of Court-Appointed Attorney
form (Judicial Council form GC-011). Failure to timely comply with the
certification requirements or with the education requirements in rule 7.1101 shall
result in the removal of the attorney from the approved panel of appointed
attorneys; however, the court may reinstate the attorney upon the prompt filing of
an affidavit to the court demonstrating good cause why the certification was not
timely submitted to the court.
(Subd (b) adopted effective July 1, 2009.)

c. COMPENSATION OF COUNSEL
Compensation of counsel appointed to represent a conservatee shall be governed
by Probate Code section 1470.
(Subd (c) adopted effective July 1, 2009.)

(Rule 15.55 adopted effective July 1, 2009.)

15-30

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 249¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships

15.56 EX PARTE APPLICATIONS FOR TEMPORARY CONSERVATORSHIP AND OTHER ORDERS

a. EX PARTE APPLICATIONS GENERALLY
Ex parte applications are extraordinary remedies. Except as set forth in an
individual rule, ex parte applications for a temporary conservatorship of either the
estate or the person, or for temporary orders pertaining to an existing
conservatorship, are appropriate only where the applicant makes a showing per
California Rules of Court, rule 7.1062 that an exception to the notice requirements
is necessary to protect the conservatee or the proposed conservatee or his or her
estate from immediate and substantial harm.
(Subd (a) adopted effective July 1, 2009.)

b. EX PARTE PETITION FOR APPOINTMENT OF A TEMPORARY CONSERVATOR
Unless the petitioner makes a showing of immediate and substantial harm or
other good cause for an ex parte granting of a temporary conservatorship per
California Rules of Court, rule 7.1062, the court ordinarily will not entertain an ex
parte application for appointment of a temporary conservator, even where all
those entitled to notice have joined in the petition. In cases where the court
determines that immediate appointment of a temporary conservator is necessary,
said appointment shall be governed by the provisions of Probate Code section
2250.
(Subd (b) adopted effective July 1, 2009.)

c. EX PARTE NOTICE REQUIREMENTS

(1) Before submitting an ex parte application for the court's consideration, the
applicant shall comply with the procedures in Probate Code section 1051,
California Rules of Court, rule 7.55, and all applicable local rules. Unless
otherwise stated in the Solano County Local Rules, the applicant must
comply with all requirements for a declaration setting forth that notice of
the ex parte request has been given to all required persons or the reason
notice has not been given. At the time of submission of the application, a
completed Declaration Re Notice Upon Ex Parte Application for Orders –
Conservatorships (Solano County Local Form no. 1070-C) or a declaration
in substantial compliance therewith, shall accompany all applications for
ex parte orders and shall be filed before the ex parte hearing. The moving
party shall make available a copy of the filed Declaration Re Notice Upon
Ex Parte Application for Orders to the judicial officer, and to the opposing

15-31

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 250¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships

party or attorney if one appears, at the time of the ex parte hearing, or the
ex parte hearing may be ordered rescheduled.
(Subd (1) adopted effective July 1, 2009.)

(2) Unless otherwise ordered by the court, notice of the ex parte application
for temporary orders shall be given by the petitioner to all those who are
entitled to notice per Probate Code section 2250, subsection (e). The
notice shall include the date, time, and place the request will be made, a
summary of the relief requested, and the facts upon which the request will
be made. In its discretion, the court may require that the entire moving
papers package be served in a prescribed manner upon another party,
interested person, or his or her attorney, at a specified time before the ex
parte hearing. Notice may be excused pursuant to these rules.
(Subd (2) adopted effective July 1, 2009.)
(Subd (c) adopted effective July 1, 2009.)

d. DECLARATION OF DUE DILIGENCE
If a petitioner cannot locate a relative or other person for whom notice is required,
the petitioner shall file a Declaration of Due Diligence (Solano County Local
Form no. 3705) or a substantially equivalent declaration which complies with this
rule. The declaration must specify the name of the relative or other 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 locate the person, and any facts that explain why the
person cannot be located. At a minimum, the petitioner shall make all of the
following efforts and state the results in the declaration:

(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;

15-32

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 251¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships

(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,

e. ORDER DISPENSING WITH NOTICE
A petitioner seeking an order dispensing with notice for one or more persons shall
submit an Order Dispensing with Notice (Judicial Council form GC-021) to the
court prior to or at the hearing on the petition for conservatorship. The court will
not grant an order dispensing with notice unless the petitioner has filed a
Declaration of Due Diligence pursuant to Solano County Local Rules, rule 15.56,
subdivision (d).
(Subd (e) adopted effective July 1, 2009.)

(Rule 15.56 adopted effective July 1, 2009; previously adopted as Rule 7.71 effective July
1, 1988.

15.57 INDEPENDENT EXERCISE OF POWERS

No powers specified in Probate Code Section 2591 will be granted in the absence of a clear and convincing factual showing that the grant of each power requested is needed to administer the estate, and that the grant of such power is for the advantage, benefit and best interest of the estate.

(Rule 15.57 adopted effective July 1, 2009; previously adopted as Rule 7.73 effective July 1, 1988.)

15.58 CONSERVATORSHIP INVENTORIES AND APPRAISALS

a. INVENTORIES AND APPRAISALS GENERALLY
Inventories and appraisals in conservatorships of the estate are governed by
Chapter 7 of Part 4 of Division 4 of the Probate Code (commencing with section
2600). The use of mandatory Judicial Council forms is required, and the use of

15-33

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 252¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships

optional Judicial Council forms is strongly encouraged, in the preparation of all
inventories and appraisals.
(Subd (a) adopted effective July 1, 2009.)

b. REVIEW HEARING FOR INVENTORIES AND APPRAISALS
At the time of the appointment of a conservator of the estate or a conservator of
the person and the estate, the court shall set a review hearing to take place four (4)
months after the date of appointment. The date of the initial compliance review
hearing shall be listed as part of the order appointing the conservator. The court
may set additional review hearings as needed for the initial and any subsequent
inventories and appraisals.
(Subd (b) adopted effective July 1, 2009.)

c. FILING OF INVENTORIES AND APPRAISALS
The conservator shall file the inventory and appraisal required by Probate Code
section 2610 at least thirty (30) days prior to the date of the review hearing set
pursuant to Rule 15.58, subsection (b).
(Subd (c) adopted effective July 1, 2009.)

d. SERVICE OF INVENTORIES AND APPRAISALS
At the time that the conservator of the estate presents an inventory and appraisal
to the court pursuant to Probate Code sections 2610 or 2620 or any other section
of the Probate Code, the conservator shall also serve an exact copy of the
inventory and appraisal on the Court Investigators Office.
(Subd (d) adopted effective July 1, 2009.)

e. SERVICE OF NOTICE OF HEARING ON OBJECTIONS TO INVENTORIES AND
APPRAISALS
A person who files an objection to the inventory or appraisal of a conservator
shall timely serve a notice of hearing on the Court Investigators Office. This
notice of hearing shall only be required for a hearing set by the objecting party
that is not already on calendar. No notice of the hearing is required for the
review hearings set automatically by the court.
(Subd (e) adopted effective July 1, 2009.)

(Rule 15.58 adopted effective July 1, 2009; previously adopted as Rule 7.75 effective July
1, 1988.)

15-34

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 253¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships a. ACCOUNTINGS GENERALLY
Accountings in conservatorships of the estate are governed by Chapter 7 of Part 4
of Division 4 of the Probate Code (commencing with section 2600). The use of
mandatory Judicial Council forms is required, and the use of optional Judicial
Council forms is strongly encouraged, in the preparation of all accountings.
(Subd (a) adopted effective July 1, 2009.)

b. SUPPLEMENTAL REPORT TO ACCOMPANY ACCOUNTING
In addition to the information required by Probate Code section 2620, each
accounting shall include a report containing the following information:

(1) An explanation of any unusual items appearing in the account;

(2) A report of the stewardship of the fiduciary in the management of the
assets of the conservatee's estate during the period covered by the account;

(3) In cases where a bond has been ordered, a statement attesting that bond
premiums have been paid regularly; and,

(4) If income-producing property is inventoried in the conservatorship and the
account fails to indicate that income is being produced by the property, an
explanation as to the lack of income.
(Subd (b) adopted effective July 1, 2009.)

c. REVIEW HEARING FOR ACCOUNTINGS
At the time of the appointment of a conservator of the estate or a conservator of
the person and the estate, the court shall set a review hearing to take place fifteen
(15) months after the date of appointment. The date of the compliance review
hearing shall be listed as part of the order appointing the conservator. The court
may set additional review hearings as needed concerning the initial or subsequent
accountings.
(Subd (c) amended effective January 1, 2012; adopted effective July 1, 2009.)

d. FILING OF ACCOUNTINGS
The conservator shall file the accounting required by Probate Code section 2620
at least thirty (30) days prior to the date of the review hearing set pursuant to Rule
15.59, subsection (c), concerning that accounting.

15-35

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 254¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships

(Subd (d) adopted effective July 1, 2009.)

e. SERVICE OF ACCOUNTINGS
At the time that the conservator of the estate presents an accounting to the court
pursuant to Probate Code section 2620 et seq. or any other section of the Probate
Code, the conservator shall also serve an exact copy of the inventory on the Court
Investigators Office. Said service shall be at least thirty (30) days prior to the date
of the review hearing set pursuant to Rule 15.59, subsection (c). Absent a court
order to the contrary, any subsequent accountings shall likewise be filed and
served on the Court Investigators Office at least 30 days prior to any subsequent
compliance review hearings.
(Subd (e) adopted effective July 1, 2009.)

f. SERVICE OF NOTICE OF HEARING ON OBJECTIONS TO ACCOUNTINGS
A person who files an objection to the accounting of a conservator shall timely
serve a notice of hearing on the Court Investigators Office. This notice of hearing
shall only be required for a hearing set by the objecting party that is not already
on calendar. No notice of the hearing is required for the review hearings set
automatically by the court.
(Subd (f) adopted effective July 1, 2009.)

(Rule 15.59 amended effective January 1, 2012; previously adopted as Rule 7.76 effective
July 1, 1988; adopted as Rule 15.59 effective July 1, 2009.)

15.60 ALLOWANCE OF FEES

a. GUIDELINES FOR COMPENSATION
A conservator of the estate or the person and/or his or her attorney may petition
the court for just and reasonable compensation in accordance with Probate Code
sections 2640 and 2642. In determining whether to award compensation, the court
shall take into consideration the following:

(1) The nature and difficulty of the services rendered to the conservatee
and/or the conservatee’s estate;

(2) The results achieved from those services;

(3) The benefit to the conservatee and/or the conservatee’s estate of those
services;

15-36

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 255¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships

(4) The productivity of the conservator’s and/or attorney’s time spent in
performing the services;

(5) The expertise and experience of the person requesting the fees;

(6) The hourly rate of the person performing the services; and,

(7) The total amount of compensation requested in relation to size and income
of the conservatee’s estate, if applicable.
(Subd (a) adopted effective July 1, 2009.)

b. COMPENSATION OF CONSERVATOR OR CONSERVATOR’S ATTORNEY FROM
TRUST OR OTHER SOURCE
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
or other source 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
conservator or a conservator’s attorney shall not accept compensation for work
done in a conservatorship matter without a court order approving said
compensation by the judge assigned to hear the conservatorship matter.
(Subd (b) amended effective January 1, 2012; adopted effective July 1, 2009.)

(Rule 15.60 amended effective January 1, 2012; previously adopted as Rule 7.78 effective
July 1, 1988; adopted effective July 1, 2009.)

15.61 ORDERS FOR SUPPORT AND SUBSTITUTED JUDGMENT

a. SUBSTITUTED JUDGMENT

(1) Prior court approval is required for any action specified in Probate Code
Section 2580, et seq., such as making gifts or establishing trusts.

(2) A clear factual showing as required by Probate Code Section 2583 must be
presented to the court before the matter will be considered.

15-37

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 256¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships

(3) Notice must be given under Probate Code Section 2581, and such notice
may require a prior order dispensing with notice to some persons.

(Rule 15.61 adopted effective July 1, 2009; previously adopted as Rule 7.79 effective July
1, 1988.)

15.62 PAYMENTS TO CAREGIVER SPOUSE OF CONSERVATEE

In an account or report indicating that a conservatee’s spouse was hired to provide
caregiver services to conservatee, the conservator shall provide the following
information:

(1) A description of the services rendered by the spouse that are above and beyond
the care normally provided by one spouse to another.

(2) A description of the special skills possessed by the spouse enabling him or her to
perform these services.

(3) The benefit to the conservatee of having his or her spouse perform the services
instead of a professional caregiver.

(4) The hours worked by the spouse.

(5) The hourly rate being paid to the spouse and a justification of that rate.
Justification may include a comparison to the rate charged by a professional for
the same or similar services.
(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 spouse in case of injury and
if so, the amount of the periodic premium being paid by the spouse or the
conservator.

(Rule 15.62 adopted effective July 1, 2009.)

15-38

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 257¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships a. NOTIFICATION OF CONSERVATEE’S DEATH
The conservator shall file a declaration with the court within 30 days of the
conservatee’s death, indicating the date of death, place of death and whether the
conservatee died testate or intestate. If the conservatee died testate, the
conservator shall notify the conservatee’s nominated executor within 30 days of
the conservatee’s death, unless the will fails to nominate an executor or the
conservator is the nominated executor.
(Subd (a) adopted effective July 1, 2009.)

b. TERMINATION OF CONSERVATORSHIP FOR REASONS OTHER THAN DEATH OF
CONSERVATEE
Termination of a conservatorship for reasons other than the death of the
conservatee shall be by noticed petition pursuant to Probate Code sections 1580 et
seq., 1860 et seq., or 2626. The filing of a certification of competency issued by
the superintendent of a state hospital pursuant to Welfare and Institutions Code
Section 7357, or other provisions of law, does not by itself terminate a
conservatorship.
(Subd (b) adopted effective July 1, 2009.)

c. HEARING ON PETITION TO TERMINATE
A hearing on a petition to terminate a conservatorship shall be set out a minimum
of sixty (60) days in order to allow time for the court investigator’s investigation
and report.
(Subd (c) adopted effective July 1, 2009.)

(Rule 15.63 adopted effective July 1, 2009; previously adopted as Rule 7.81 effective July
1, 1988.)

15.64 CONSERVATORSHIPS FOR DEVELOPMENTALLY DISABLED INDIVIDUALS

A petition to establish a conservatorship for a developmentally disabled adult shall be filed as a limited conservatorship, unless the petition makes a factual showing that a general conservatorship is more appropriate.

(Rule 15.64 adopted effective July 1, 2009.)

15-39

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 258¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART TWO: Conservatorships

15.65 SANCTIONS

Failure to comply with these local rules in conservatorship matters may result in the imposition of sanctions pursuant to Code of Civil Procedure section 575.2.

(Rule 15.65 adopted effective July 1, 2009.)

15.66 ADDITIONAL PROVISIONS FOR CONSERVATORSHIPS OF THE PERSON

a. REVIEW HEARING FOR LEVEL OF CARE ASSESSMENT
At the time of the appointment of a conservator of the person or a conservator of
the person and the estate, the court shall set a review hearing to take place four (4)
months after the date of appointment to review the conservator’s written
assessment of the conservatee’s level of care per Probate Code section 2352.5.
The date of the initial compliance review hearing shall be listed as part of the
order appointing the conservator. The court may set additional review hearings
as needed.
(Subd (b) adopted effective January 1, 2012.)

(Rule 15.66 adopted effective January 1, 2012.)

15.67 – 15.99 [RESERVED]

15-40

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 259¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

PART THREE: Miscellaneous a. WHO MAY MAKE A COMPLAINT
Complaints concerning a court investigator are only accepted from the following
individuals:
(1) A party to the action currently filed with the Solano County Superior
Court, including a ward, conservatee, guardian, or conservator;
(2) A party’s attorney;
(3) An attorney for a ward or conservatee; or,
(4) Individuals interviewed or contacted in connection with a probate
investigation.
(Subd. (a) adopted effective January 1, 2012.)

b. PROCEDURE
The complainant must send his or her complaint in writing to the Supervising
Court Investigator. If the complaint concerns the Supervising Court Investigator,
the complaint shall be directed to the Court Executive Officer.

The written complaint must explain in detail the reasons for the complaint. Mere
disagreement with a court investigator’s report is not a sufficient basis for the
court to take action on the grievance, and such a complaint may be summarily
denied without further investigation.

The Supervising Court Investigator or the Court Executive Officer will conduct
an investigation of the matter, which may include consultation with the court
investigator. Within 30 days of filing his or her complaint, the complainant will
be informed in writing of the results of the investigation and the action taken, if
any.

The complainant may appeal the action by noticed motion to the judicial officer
assigned to hear the case.
(Subd. (b) effective January 1, 2012.)

c. PEREMPTORY CHALLENGE AGAINST COURT INVESTIGATOR
Peremptory challenges against a court investigator shall not be allowed.
(Subd. (c) effective January 1, 2012.)

Rule 15.100 adopted effective January 1, 2012.

15-41

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 260¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

APPENDIX

Appendix 15-A: Service Addresses for Non-Relative Guardianships (Effective July 1, 2009)

15-42

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 261¶

Superior Court of California County of Solano

Rule 15 – Guardianships and Conservatorships

APPENDIX

APPENDIX 15-A: SERVICE ADDRESSES FOR NONRELATIVE GUARDIANSHIPS Effective July 1, 2009

Director Department of Social Services 744 P Street Sacramento, CA 95814

Supervisor – Court Unit, Children’s Bureau Solano County Department of Health and Social Services 275 Beck Avenue MS5-230 Fairfield, CA 94533

15-43

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 262¶

Superior Court of California County of Solano

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Superior Court of California County of Solano

Index of Local Forms – By Form Number

FORM REVISION MANDATORY OR NUMBER DIVISION FORM NAME DATE OPTIONAL

010 Family Meet and Confer Orders March Mandatory 2008

165 Civil Judgment (Default by Clerk) September Optional 1998

166 Civil Judgment (Default by Court) December Optional 2007

168 Civil Judgment (Trial) October Optional 2000

300 Family Order After Hearing/Stipulation and December Optional Order 2006

303 Family Stipulation & Order re: Partial Child March Optional Custody Evaluation 2000

304 Family Parenting Orders Attachment September Optional 2007

306 Family Supervised Visitation/Supervised January Optional Exchange Order 2012

309 Probate Order Appointing Regional Center July 2008 Mandatory to Evaluate Proposed Ward or Conservatee

314 Family Time Sharing Arrangement Table October Optional 2007

320 Family Order Appointing Counsel for November Optional Minors 2000

322 Family Application and Order for September Mandatory Publication of Summons 2008

323 Family Declaration in Support of September Mandatory Application for Order for 2008 Publication of Summons

327 Family Attachment to FL-327 March Mandatory 2007

Index of Local Forms - 1

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 280¶

Superior Court of California County of Solano

Index of Local Forms – By Form Number

FORM REVISION MANDATORY OR NUMBER DIVISION FORM NAME DATE OPTIONAL

345 Family Order re: Testing for Alcohol or July 2008 Mandatory Illegal Use of Controlled Substances

392 Family Form of Papers April 2007 N/A

397 Family Attorney’s Declaration re Mediation January Optional Video 2007

399 Family Notice of Continued Hearing April 2007 Optional

890 Family Status Conference Report – Family July 2009 Mandatory Law (Marriage/RDP) (blue paper)

890-UPA Family Status Conference Report – Family July 2009 Mandatory Law (Uniform Parentage Act) (blue paper)

910 Civil Request for Extension of Time (re December Optional Proof of Service of Summons) 2000

920 Civil Request for Extension of Time (re December Optional Filing Response) 2000

1070 Family Declaration re Notice Upon Ex Parte December Mandatory Application for Orders 2006

1070-G Probate Declaration re Notice Upon Ex Parte July 2008 Mandatory Application for Orders (Guardianship)

1320 Family Declaration in Support of Request June 1998 Optional for Separate Mediation Sessions

1325 Family Request for Separate Mediation or June 1998 Optional Support Person

3006 Civil Trial Management Conference January Optional Report 2010

3455 Probate Objection to Appointment of January Mandatory Guardian 2007

3490 Probate Confidential Court Investigators’ January Mandatory Information and Referral Form 2010 (Guardianship)

3500 Probate Assessment and Order for Payment July 2011 Mandatory

Index of Local Forms - 2

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 281¶

Superior Court of California County of Solano

Index of Local Forms – By Form Number

FORM REVISION MANDATORY OR NUMBER DIVISION FORM NAME DATE OPTIONAL

3500-P Probate Assessment and Order for Payment July 2009 Mandatory – Probate Code §3100 Petitions

3510 Probate Order Appointing Court Investigator July 2008 Mandatory (Guardianships)

3515 Probate Order Appointing Investigator and July 2009 Mandatory Notice of Investigation Costs

3700 Probate Declaration re: Venue July 2008 Optional (Guardianships)

3705 Probate Declaration of Due Diligence July 2009 Optional (Guardianships and Conservatorships)

3710 Probate Ex Parte Application for Temporary July 2008 Mandatory Guardianship or Other Orders

3720 Probate Petition for Visitation Orders July 2009 Optional

3740 Probate Application to Practice as Minor’s July 2008 Mandatory Counsel (Guardianship)

3800 Probate Preliminary Inventory of July 2008 Mandatory Guardianship Estate

5000 Adoption Confidential Court Investigator’s August Mandatory Information and Referral Form 2008 (Stepparent Adoption)

5005 Adoption Reference for Stepparent Adoption August Mandatory 2008

5010 Adoption Consent of Child to be Adopted August Mandatory (Stepparent Adoption) 2008

7000 Small Judgment Debtor’s Statement re: November Optional Claims Request to Enter Satisfaction of 2000 Judgment

7013 Probate Confidential Preliminary Inventory January Mandatory of Probate Guardianship Estate 2012

Index of Local Forms - 3

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 282¶

Superior Court of California County of Solano

Index of Local Forms – By Form Number

FORM REVISION MANDATORY OR NUMBER DIVISION FORM NAME DATE OPTIONAL

7020 Probate Verification of Viewing of July 2011 Mandatory Conservatorship Video

7023 Small Request for Dismissal September Optional Claims 1999

7040 Civil Judgment After Trial by Court May 2000 Optional (Unlawful Detainer)

7060 Small Declaration re: Default in Payments November Optional Claims & Order Setting Aside Order 2000 Providing Payment of Judgment in Installments

7090 Small Amendment to Claim Prior to March Optional Claims Judgment (Small Claims) 2000

7500 Probate Placement and Level of Care January Mandatory Assessment for Conservatee 2010 (Probate Code §2352.5)

Index of Local Forms - 4

www.solano.courts.ca.gov January 2012

Exceptions & meaning →

Page 283¶

Superior Court of California County of Solano

Index of Local Forms – Alphabetical