Solano — Effective January 1, 2013

Source: https://solano.courts.ca.gov/system/files/solano-county-local-rules-effective-2013-01-01-complete.pdf

Sparse pages use OCR; original PDF remains authoritative.

SUPERIOR COURT

OF

CALIFORNIA

COUNTY OF SOLANO

LOCAL COURT RULES

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 July 1, 2008

Revised July 1, 1991 Revised January 1, 2009

Revised July 1, 1992 Revised July 1, 2009

Revised October 1, 1996 Revised January 1, 2010

Revised January 1, 1998 Revised July 1, 2010

Revised August 1, 2002 Revised January 1, 2011

Revised October 1, 2002 Revised July 1, 2011

Revised July 1, 2005 Revised January 1, 2012

Revised January 1, 2007 Revised July 1, 2012

Corrected April 2, 2007 Revised January 1, 2013

Revised January 1, 2008

www.solano.courts.ca.gov January 2013

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

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

www.solano.courts.ca.gov January 2013

Superior Court of California County of Solano

Local Rules of Court

Summary Table of Contents

Rule 2 Criminal and Traffic Infraction Cases

Rule 4 Administration of Civil Litigation

Rule 8 Claims of Adults with Disabilities or Minors

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

Rule 10 Administration

Rule 11 Jury Management (Reserved)

Rule 12 Mental Health Conservatorships (LPS) (Reserved)

Rule 15 Guardianships and Conservatorships

Rule 17 Miscellaneous

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Superior Court of California County of Solano

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

Number Rule Page

RULE 1 GENERAL PROVISIONS Rule 1.1 Adoption of Local Rules (Amended eff. 1/1/10).................................................................. 1-1 Rule 1.2 Divisions Of The Court; Assignment of Supervising Judges (Amended eff. 1/1/10) ........... 1-1 Rule 1.3 Direct Calendaring (Amended eff. 1/1/10)........................................................................... 1-1 Rule 1.4 Reassignment Upon Disqualification of Judicial Officer or for Other Cause (Amended 1-2 eff. 1/1/12) ...........................................................................................................................

RULE 2 CRIMINAL AND TRAFFIC INFRACTION CASES PART ONE: Rules Applicable to Misdemeanors and Felonies Rule 2.1 Application Of Rules (Amended eff. 1/1/13) ....................................................................... 2-1 Rule 2.2 Direct Calendaring Of Criminal Cases (Amended eff. 1/1/13) ............................................. 2-1

Rule 2.3 Procedure (Eff. 1/1/13) ....................................................................................................... 2-1 Rule 2.4* Peremptory Challenge Of Judge Assigned For All Purposes [REPEALED] (Repealed eff. 2-2 1/1/13) ................................................................................................................................. PART TWO: Felony Criminal Cases Rules 2.50 – 2.99 [RESERVED] ........................................................................................................................ 2-3 PART THREE: Misdemeanor Cases Rules 2.100 – 2.149 [RESERVED] ........................................................................................................................ 2-4 PART FOUR: Traffic Infraction Cases Rules 2.150 – 2.199 [RESERVED] ........................................................................................................................ 2-5

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

Rule 3.5 Calendaring of Hearings (Eff. 7/1/11).................................................................................. 3-2 Rule 3.6 Deposit Of Jury Fees (Amended eff. 1/1/13)........................................................................ 3-3 Rule 3.7 Forfeiture Of Jury Fees per CCP Section 631.3 (Amended eff. 1/1/13)............................... 3-3 Rule 3.8 Notification to Court of Drops, Continuances and Stipulations (Amended eff. 1/1/10) ...... 3-3 Rule 3.9 Tentative Rulings (Amended eff. 1/1/12)............................................................................. 3-4 Rule 3.10 [RESERVED] ........................................................................................................................ 3-5

• Denotes a rule that has been renumbered or repealed.

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

Number Rule Page

Rule 3.11 Failure To Notify Court When Attorney Cannot Be Present Shall Be Deemed Sufficient Cause To Order Off Calendar (Amended eff. 1/1/10) ......................................................... 3-5 Rule 3.12 Off Calendar (Amended eff. 1/1/10)..................................................................................... 3-5 Rule 3.13 Ex Parte Matters (Amended eff. 7/1/11)............................................................................... 3-6 Rule 3.14* Orders Regarding Orders To Show Cause, Temporary Restraining Orders, And Injunctions [REPEALED] (Repealed eff. 7/1/10) ................................................................... 3-6 Rule 3.15 Motions To Consolidate (Amended eff. 7/1/10) ................................................................... 3-6 Rule 3.16 Motions Papers (Amended eff. 7/1/10)................................................................................ 3-6

Rule 3.17 Mandate Actions Arising Under The California Environmental Quality Act (CEQA) (Amended eff. 7/1/10) .......................................................................................................... 3-7 Rule 3.18 Filing Of Notices Of Unavailability (Amended eff. 1/1/10)................................................. 3-11

RULE 4 ADMINISTRATION OF CIVIL LITIGATION Rule 4.1 Scope And Policy (Amended eff. 7/1/11)............................................................................. 4-1 Rule 4.2 Case Designation (Amended eff. 1/1/10).............................................................................. 4-1 Rule 4.3 Time Requirements For Complaint (Amended eff. 7/1/11).................................................. 4-3 Rule 4.4 Time Requirements For Responsive Pleadings (Amended eff. 7/1/11)................................ 4-3 Rule 4.5 Time Requirements For Cross-Complaints (Amended eff. 7/1/11)...................................... 4-3 Rule 4.6 Case Management Conferences (Amended eff. 7/1/11) ....................................................... 4-3 Rule 4.7 Diversion To Arbitration (Amended eff. 1/1/12).................................................................. 4-7 Rule 4.8 Mediation (Amended eff. 1/1/12)......................................................................................... 4-8 Rule 4.9 Mandatory Settlement Conferences (Amended eff. 7/1/11) ................................................. 4-12 Rule 4.10 Trial Management Conferences (Amended eff. 1/1/12) ....................................................... 4-14 Rule 4.11 Dismissal Of Action Or Entry Of Judgment Following Settlement (Amended eff. 7/1/11). 4-16 Rule 4.12 Miscellaneous (Amended eff. 7/1/11)................................................................................... 4-17 Rule 4.13 Sanctions (Amended eff. 1/1/10).......................................................................................... 4-18

Rule 4.14 Electronic Filing and Service of Pleadings and Documents (Eff. 7/1/10) ........................... 4-19

RULE 5 FAMILY LAW PART ONE: Family Law Proceedings Generally

Rule 5.1 Matters Assigned to the Family Law Division; Applicability of Rule (Eff. 1/1/13) ............ 5-1

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

Rule 5.3 Preparation and Filing of Forms and Pleadings (Eff. 1/1/13) .............................................. 5-2

Rule 5.4 Applications for Emergency Orders (Ex Parte Orders) (Eff. 1/1/13)................................... 5-4

Rule 5.5 Law and Motion Hearings (Hearings Other Than Case Management Conferences, Status Conferences, Settlement Conferences, and Trials) (Eff. 1/1/13).......................................... 5-5

Rule 5.6 Presence of Children in Courtroom (Eff. 1/1/13)................................................................. 5-8

• Denotes a rule that has been renumbered or repealed.

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

Number Rule Page

Rule 5.7 Family Centered Case Resolution Process (CRC 5.83) (Eff. 1/1/13) .................................. 5-8

Rule 5.8 Status Conferences and Status Conference Reports (Eff. 1/1/13) ........................................ 5-9

Rule 5.9 Court Reporter Fees (Eff. 1/1/13) ........................................................................................ 5-11 PART TWO: Settlement Conferences and Trials

Rule 5.10 Settlement Conferences (Eff. 1/1/13)................................................................................... 5-12

Rule 5.11 Evidentiary Hearings and Trials (Eff. 1/1/13)...................................................................... 5-16 Rule 5.12 – [RESERVED] ......................................................................................................................... 5-17 5.19 PART THREE: Child Custody and Visitation

Rule 5.20 Child Custody Recommending Counseling (Eff. 1/1/13) .................................................... 5-18

Rule 5.21 Child Custody and Visitation Evaluations (Eff. 1/1/13) ...................................................... 5-20 Rule 5.22 – [RESERVED] ......................................................................................................................... 5-22 5.29 PART FOUR: Support, Property Division, Attorney Fees, Costs, and Sanctions

Rule 5.30 Calculation of Temporary Spousal or Partner Support (Eff. 1/1/13) ................................... 5-23 Rule 5.31 – [RESERVED] ......................................................................................................................... 5-23 5.39 PART FIVE: Judgments

Rule 5.40 Calendaring Hearings for Default or Uncontested Judgments (Eff. 1/1/13) ........................ 5-24

Rule 5.41 Documents Needed for Judgments for Legal Separation or Dissolution of Marriage or Registered Domestic Partnership (Eff. 1/1/13) .................................................................... 5-24

Rule 5.42 Documents Needed for Judgment of Nullity (Eff. 1/1/13) .................................................. 5-24

Rule 5.43 Documents Needed for Default or Uncontested Judgments for Establishment of Parental Relationship (UPA) or for Establishment of Custody and Support (Eff. 1/1/13)................. 5-25 APPENDICES 5-A Documents Needed for Judgment of Nullity ....................................................................... 5-26 5-B Documents Needed for Default or Uncontested Judgments for Establishment of Parental Relationship (UPA) or for Establishment of Custody and Support per Family Code §3120................................................................................................................................... 5-31

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)............................................. 6-2 Rule 6.4 Confidentiality (Amended eff. 1/1/10) ................................................................................. 6-2 Rule 6.5 Release Of Information Relating To Juveniles (Amended eff. 1/1/10) ................................ 6-2 Rule 6.6 Discovery (Amended eff. 1/1/10)......................................................................................... 6-3

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

Number Rule Page

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)............................................. 6-5 Rule 6.9 Welfare And Institutions Code Section 241.1 Assessments (Amended eff. 1/1/10)............. 6-5

Rule 6.10 Motion To Challenge Legal Sufficiency Of Petition (Eff. 1/1/10)....................................... 6-5 Rules 6.11 through 6.29 [RESERVED] ........................................................................................................................ 6-7 PART TWO: Juvenile Dependency Rule 6.30 Appointed Counsel in Dependency Proceedings (Amended eff. 1/1/10) ............................. 6-8 Rule 6.31 Appointment of Private Counsel in Dependency Proceedings (Amended eff. 1/1/10)......... 6-9

Rule 6.32 Procedures For Reviewing And Resolving Complaints Regarding Representation In Dependency Proceedings (Amended eff. 1/1/10) ................................................................. 6-9

Rule 6.33 Procedures For Informing The Court Of The Interests Of A Dependent Child [CRC 5.660] (Amended eff. 1/1/10) ............................................................................................... 6-11 Rule 6.34 Motion to Challenge Legal Sufficiency of Petition (Amended eff. 1/1/10) .......................... 6-12 Rule 6.35 Access To Minors (Amended eff. 1/1/10) ............................................................................ 6-13 Rule 6.36 Modifications of Orders (Amended eff. 1/1/10)................................................................... 6-14 Rule 6.37 Court Appointed Special Advocate Program (CASA) (Amended eff. 1/1/10) .................... 6-15 Rules 6.38 through 6.59 [RESERVED] ........................................................................................................................ 6-15 PART THREE: Juvenile Delinquency Rule 6.60 Return On Bench Warrant (Amended eff. 1/1/10)................................................................ 6-16 APPENDICES 2002-01 Medical Authorization – Juvenile Hall ................................................................................ 6-19 2002-02 Community School Programs .............................................................................................. 6-22 2002-05 Release of Records, Absent Parents .................................................................................... 6-23 2002-07 Release of Records – Financial Hearing Officer ................................................................. 6-24 2010-001 Release of Juvenile Case File Information for W&I 601 and 602 Proceedings .................. 6-26 2011-001 Standing Order Authorizing Mental Health Evaluation and/or Treatment for Dependent Children or Minors Placed into Protective Custody by Child Welfare Services ................. 6-37 2011-002 Order re: Release of Probation Files and Information Regarding Parents with Children Under the Jurisdiction of the Juvenile Court ....................................................................... 6-39 2011-003 Standing Order to Facilitate Child Welfare Services Disaster Response Plan .................... 6-42 2011-004 The Exchange of Information Pertaining to Juveniles Among Members of Multidisciplinary Team ....................................................................................................... 6-44 2011-005 Exchange and Release of Information Between Child Welfare Services and the Solano County Court Investigator ................................................................................................... 6-46 2011-006 Exchange & Release of Juvenile Records to be Used in the Solano Countywide Foster Youth Services Program (Education Code § 488850 et seq., Welfare & Institutions Code § 827, Cal. Rules of Court, rule 5.552)................................................................................ 6-49

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

Number Rule Page

2011-007 Release of School Records to Solano County Probation and Solano County Health and Social Services, Child Welfare Services Division (Education Code § 49077).................... 6-53 2011-008 Toxicology Testing for Drug Exposed Children Subject to Juvenile Laws (Welfare & Institutions Code § 369, subd. (d)) ..................................................................................... 6-54 2012-001 Standing Order Authorizing Medical Evaluation and Treatment for Minors Placed into Protective Custody and Temporarily Detained in Out-of-Placement By Child Welfare Services ............................................................................................................................... 6-56

RULE 7 PROBATE PART ONE: Probate Proceedings Generally Rule 7.1 Scope of Probate Rules; Direct Calendarings (Amended eff. 1/1/12) .................................. 7-1 Rule 7.2 Use of Judicial Council Forms; Format of Pleadings; Calendaring (Amended eff. 1/1/12) . 7-1 Rule 7.3 Signatures and Verification of Pleadings (Amended eff. 7/1/09)......................................... 7-2 Rule 7.4 Bonding of Personal Representative (Amended eff. 7/1/09) ................................................ 7-3 Rule 7.5 Declination of Nominated Executor (Amended eff. 7/1/09)................................................. 7-3 Rule 7.6 Notices (Amended eff. 7/1/09) ............................................................................................. 7-3 Rule 7.7 Continuances (Amended eff. 1/1/13).................................................................................... 7-4 Rule 7.8 Pregrants in Probate Matters (Amended eff. 1/1/12)............................................................ 7-5 Rule 7.9 Appearances at Hearings (Amended eff. 1/1/10).................................................................. 7-5

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

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

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

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

Number Rule Page

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. 1/1/13)........................ 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)....................................................................... 7-18

Rule 7.30 Personal Representative Compensation and Attorney Fees in Connection With Termination of a Joint Tenancy or Handling of Other Nonprobate Assets (Amended eff. 7/1/09) ................................................................................................................................ 7-18 Rule 7.31 Court Investigator Fees for Investigation of Petition for Particular Transaction (Amended eff. 7/1/09) .......................................................................................................................... 7-18

Rule 7.32 Receipt or Waiver of Account Signed by Attorney in Fact (Eff. 7/1/10)............................ 7-19

Rule 7.33 Reimbursement of Expenses of Estate Administration (Eff. 1/1/13) ................................. 7-19 Rule 7.34 through 7.49 [RESERVED] ........................................................................................................................ 7-19 PART THREE: Trusts

Rule 7.50 Beneficiaries of Testamentary Trust to be Listed in Petition for Letters Testamentary 7-21 (Amended eff. 7/1/09) ......................................................................................................... Rule 7.51 Trustee Fees (Amended eff. 1/1/12) .................................................................................... 7-21

Rule 7.52 Information to be Included in Petitions Concerning Trusts (Eff. 7/1/09) ........................... 7-22 Rule 7.53 General Procedures for Special Needs Trusts (Amended eff. 1/1/12)................................. 7-22

Rule 7.54 Accountings and Reports of Special Needs Trusts (Eff. 7/1/09)......................................... 7-23 Rule 7.55 Compensation of Conservator from Trust (Amended eff. 1/1/12)....................................... 7-24

Rule 7.56 Trust Accountings Filed with the Court (Eff. 7/1/10)......................................................... 7-24

RULE 8 CLAIMS OF ADULTS WITH DISABILITIES OR MINORS 0HRule 8.1 Contents of Petition for Compromise Of Claim Of Adult with Disabilities or Minor (Amended eff. 7/1/10) ......................................................................................................... 8-1 1HRule 8.2 [RESERVED] ........................................................................................................................ 8-1 Rule 8.3 Establishment of Special Needs Trusts (Amended eff. 7/1/10) ........................................... 8-1

RULE 9 ATTORNEY FEES IN DEFAULT MATTERS, PROMISSORY NOTES, CONTRACTS, AND FORECLOSURES Rule 9.1 Attorney Fees - Unlimited Civil Matters (Amended eff.1/1/12).......................................... 9-1 Rule 9.2 Attorney Fees - Limited Civil Matters (Amended eff. 1/1/12) ........................................... 9-2 Rule 9.3 Open Book Accounts - Unlimited And Limited Civil (Amended eff. 1/1/12)..................... 9-3 APPENDICES 9-A Example of Attorney Fee Calculation per Rule 9.1............................................................ 9-4

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

Number Rule Page

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

RULE 11 JURY MANAGEMENT Rule 11.1 through 11.99 [RESERVED] ........................................................................................................................ 11-1

RULE 12 MENTAL HEALTH CONSERVATORSHIPS (LPS) Rule 12.1 through 12.99 [RESERVED] ........................................................................................................................ 12-1

RULE 13 APPEALS

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

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

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

RULE 15 GUARDIANSHIPS AND CONSERVATORSHIPS PART ONE: Guardianships Rule 15.1 Applicability of Guardianship Rules; Terminology; Direct Calendaring (Amended eff. 1/1/13) ................................................................................................................................ 15-1 Rule 15.2 Forms to be Filed at Commencement of Proceeding (Amended eff. 1/1/13) ...................... 15-1 Rule 15.3 Notice (Amended eff. 1/1/13).............................................................................................. 15-4 Rule 15.4 Appointment of Investigator (Amended eff. 1/1/13) ........................................................... 15-5 Rule 15.5 Court Investigator Fees (Amended eff. 1/1/13) ................................................................... 15-7 Rule 15.6 Temporary Guardianships (Amended eff. 1/1/13)............................................................... 15-9 Rule 15.7* Ex Parte Applications for Temporary Guardianship or Other Temporary Orders [REPEALED] (Repealed eff. 1/1/13)..................................................................................... 15-9 Rule 15.8 Contested Guardianships (Amended eff. 1/1/13)................................................................. 15-10 Rule 15.9 Orders for Visitation in Guardianships (Amended eff. 1/1/13) ........................................... 15-10 Rule 15.10 Guardianships of the Estate (Amended eff. 1/1/13)............................................................. 15-12

Rule 15.11 Guardianships of the Person (Eff. 1/1/13)........................................................................... 15-14 Rule 15.12* Allowance of Fees in Guardianship Proceedings [REPEALED] (Repealed eff. 1/1/13) ....... 15-14

• Denotes a rule that has been renumbered or repealed.

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

Number Rule Page

Rule 15.13* Investments by Guardian of the Estate [REPEALED] (Repealed eff. 1/1/13) ....................... 15-14

Rule 15.14 Appointment of Counsel for Ward (Eff. 7/1/09)................................................................. 15-14 Rule 15.15 Termination of Guardianship (Amended eff. 1/1/13) .......................................................... 15-15

Rule 15.16 Sanctions (Eff. 7/1/09)........................................................................................................ 15-16 Rule 15.17* Guardianships of the Person – Status Report [REPEALED] (Repealed eff. 1/1/13) ............. 15-16 Rule 15.18 – 15.49 [RESERVED] ........................................................................................................................ 15-16 PART TWO: Conservatorships

Rule 15.50 Conservatorship Matters to Which Rule 15 Applies (Eff. 7/1/09)...................................... 15-17

Rule 15.51 Continuance of Hearing Where Conservatee Not Served with Citation (Eff. 7/1/09) ........ 15-17

Rule 15.52 Additional Requirements for Proposed Conservators Prior to Issuance of Letters (Amended eff. 7/1/11) ......................................................................................................... 15-17 Rule 15.53 Court Investigator (Amended eff. 1/1/12) ........................................................................... 15-18

Rule 15.54 Court Investigator Fees (Eff. 7/1/09) .................................................................................. 15-20

Rule 15.55 Appointment of Counsel for Conservatee (Eff. 7/1/09)...................................................... 15-21

Rule 15.56 Ex Parte Applications for Temporary Conservatorships and Other Orders (Eff. 7/1/09) ... 15-22

Rule 15.57 Independent Exercise of Powers (Eff. 7/1/09) .................................................................... 15-24

Rule 15.58 Conservatorship Inventories and Appraisals (Eff. 7/1/09).................................................. 15-24 Rule 15.59 Conservatorship Accountings (Amended eff. 1/1/12) ......................................................... 15-25 Rule 15.60 Allowance of Fees (Amended eff. 1/1/12)........................................................................... 15-27

Rule 15.61 Orders for Support and Substituted Judgment (Eff. 7/1/09)................................................ 15-28

Rule 15.62 Payments to Caregiver Spouse of Conservatee (Eff. 7/1/09).............................................. 15-28

Rule 15.63 Termination of Conservatorship (Eff. 7/1/09)..................................................................... 15-29

Rule 15.64 Conservatorships for Developmentally Disabled Individuals (Eff. 7/1/09)........................ 15-30

Rule 15.65 Sanctions (Eff. 7/1/09)........................................................................................................ 15-30

Rule 15.66 Additional Provisions for Conservatorships of the Person (Eff. 1/1/12) ............................ 15-30

through 15.99 [RESERVED] ........................................................................................................................ 15-31 PART THREE: Miscellaneous 15.100 Complaints Concerning Court Investigators (Eff. 1/1/12) ................................................. 15-32 APPENDICES 15-A List of Service Addresses for Guardianships (Amended eff. 1/1/13) .................................. 15-33

RULE 16 PROTECTIVE ORDERS 16.1 Domestic Violence (Family Code § 6200 et seq.) (Eff. 1/1/12) .......................................... 16-1 16.2 Civil Harassment (CCP § 527.6) (Eff. 1/1/12).................................................................... 16-2

• Denotes a rule that has been renumbered or repealed.

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

Number Rule Page

16.3 Workplace Violence (CCP § 527.8) (Eff. 1/1/12) .............................................................. 16-3 16.4 Postsecondary School Violence (CCP § 527.85) (Eff. 1/1/12) ........................................... 16-4 16.5 Elder or Dependent Adult Abuse [RESERVED] (Eff. 1/1/12)............................................... 16-4

RULE 17 MISCELLANEOUS 17.1 Photography, Videotaping, and Electronic Recordings (Eff. 1/1/12) ................................. 17-1 17.2 Court Reporter Transcripts (Eff. 1/1/13) ............................................................................ 17-2

SUBJECT MATTER INDEX

INDEX OF LOCAL FORMS – BY FORM NUMBER

INDEX OF LOCAL FORMS – ALPHABETICAL

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Superior Court of California County of Solano

www.solano.courts.ca.gov January 2013

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

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Superior Court of California County of Solano

Rule 1 – General Provisions

1.4 REASSIGNMENT UPON DISQUALIFICATION OF JUDICIAL OFFICER OR FOR OTHER CAUSE

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

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

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Rule 2 – Criminal and Traffic Infraction Cases

PART ONE: Rules Applicable to Misdemeanors and Felonies

2.1 APPLICATION OF RULES

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

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

2.2 DIRECT CALENDARING OF CRIMINAL CASES

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

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

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

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

2.3 PROCEDURE

a. PETITIONS PER PENAL CODE SECTION 1203.4 AND 1203.4a
Any defendant wishing to file a petition for relief per Penal Code sections 1203.4
or 1203.4a and who wishes to have their costs waived shall file a completed
financial declaration on a form designated by the court. The form shall be filed
concurrently with the petition.
(Subd. (a) adopted effective January 1, 2013.)

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

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Rule 2 – Criminal and Traffic Infraction Cases

PART ONE: Rules Applicable to Misdemeanors and Felonies

2.4 PEREMPTORY CHALLENGE OF JUDGE ASSIGNED FOR ALL PURPOSES [Repealed]

(Rule 2.4 repealed effective January 1, 2013; adopted effective January 1, 1998.)

2.5 – 2.49 [Reserved]

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

2.50 – 2.99 [Reserved]

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

2.100 – 2.149 [Reserved]

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

2.150 – 2.199 [Reserved]

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Rule 3 – Civil Cases

3.1 APPLICATION OF RULES

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

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

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

3.2 DIRECT CALENDARING OF CIVIL CASES; ASSIGNMENTS AND REASSIGNMENTS

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

When a judicial officer is disqualified in a civil matter, either on a peremptory challenge, for cause, or by the judicial officer’s own determination, the matter shall be reassigned per Rule 1.4. A matter reassigned to another judicial officer for any other reason shall likewise be for all purposes, unless otherwise ordered by the Presiding Judge or Supervising Judge of the Civil Division.

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

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

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Rule 3 – Civil Cases

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

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

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

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

3.4 DESIGNATION OF COURT [Repealed]

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

3.5 CALENDARING OF HEARINGS

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

(Rule 3.5 adopted effective July 1, 2011.)

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Rule 3 – Civil Cases

3.6 DEPOSIT OF JURY FEES

Advance jury fees in the amount of one hundred and fifty dollars ($150.00) shall be deposited with the Clerk of the Court in compliance with Code of Civil Procedure section 631. Jury fees deposited after June 27, 2012, are nonrefundable. (Senate Bill 1021, chaptered on June 27, 2012 [Chapter 41, Statutes of 2012].)

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

3.7 FORFEITURE OF JURY FEES PER CCP SECTION 631.3

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

Because jury fees deposited after June 27, 2012, are nonrefundable (see Senate Bill 1021,
chaptered on June 27, 2012 [Chapter 41, Statutes of 2012]), this local rule shall apply
only to cases where jury fees were deposited on or before June 27, 2012.

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

3.8 NOTIFICATION TO COURT OF DROPS, CONTINUANCES AND STIPULATIONS

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

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

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Rule 3 – Civil Cases

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

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

3.9 TENTATIVE RULINGS

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

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Rule 3 – Civil Cases

d. NOTICE OF TENTATIVE RULINGS SYSTEM TO BE INCLUDED IN NOTICE OF
MOTION
All motions shall include notice of this local rule in substantially the following
form: “Notice: The Superior Court in and for Solano County has adopted a
tentative rulings system that is described in the court’s local Rule 3.9. Failure to
comply with Rule 3.9 may seriously affect parties’ rights in this case.”
(Subd. (d) adopted effective January 1, 2012.)

(Rule 3.9 amended effective 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 ORDERS AFTER HEARING [Repealed]

(Rule 3.10 repealed effective July 1, 2010; adopted as Rule 3.17 effective January 1, 1998; amended and renumbered as Rule 3.10 effective January 1, 2010.)

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.)

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Rule 3 – Civil Cases

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.)

3.14 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.)

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Rule 3 – Civil Cases

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.)

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

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documents are located or determined appropriate to be included in
the record.
(Subd (a) relettered effective January 1, 2010; adopted as Subd
(d)(1) effective July 1, 2005.)

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

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

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Rule 3 – Civil Cases

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
record with additional documents and/or to exclude certain documents from the
record may be noticed by any party and should normally be filed concurrently
with the filing of petitioners’ opening memorandum of points and authorities in
support of the writ. Opposition and reply memoranda on the motion should
normally be filed with the opposition and memoranda, respectively, regarding the
writ. The motion should normally be calendared for hearing
concurrently with the hearing on the writ.
(Subd (f) relettered effective July 1, 2010; adopted as subd (g) effective July 1,
2005.)

g. BRIEFING SCHEDULE AND LENGTH OF MEMORANDA
Unless otherwise ordered by the court, the following briefing schedule shall be
followed in all cases:

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

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

(3) Petitioners shall have twenty (20) days from service of the opposition’s
points and authorities to file directly in the designated CEQA department

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and serve personally, by overnight mail, or if previously agreed, by fax or
electronic service, a reply memorandum of points and authorities.

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

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

h. TRIAL NOTEBOOK
Petitioner shall prepare a trial notebook which shall be filed with the designated
CEQA Department fourteen (14) days before the date of the hearing. The trial
notebook shall consist of the petition, the answer(s), the briefs, any motions set to
be heard at trial, the statement of issues, and any other document(s) agreed upon
by the parties or ordered by the court.
(Subd (h) amended and relettered effective July 1, 2010; adopted as subd (j)
effective July 1, 2005; previous subd (h), concerning notice of hearing, repealed
effective July 1, 2010.)

(Rule 3.17 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.)

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

4.1 SCOPE AND POLICY

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

Rule 4 shall not apply to uninsured motorist cases, coordinated cases, or
collections cases unless and until they become subject to the Trial Court Delay
Reduction Act per California Rule of Court, rule 3.712.
(Subd (a) amended effective July 1, 2011; adopted effective January 1, 1998;
previously amended effective July 1, 2005, and January 1, 2010.)

b. POLICY AND CASE DISPOSITION STANDARDS
It is the policy of this court that all civil cases shall be resolved as expeditiously as
possible, consistent with the obligation of the courts to give full and careful
consideration to the issues presented, and consistent with the right of the parties to
adequately prepare and present their cases to the court. Furthermore, it is the
policy of the court that all actions subject to these rules shall be actively managed,
supervised and controlled by the court from the time of filing of the first
document invoking the court’s jurisdiction through final disposition. This court’s
case disposition standards are as set forth in California Rules of Court, rule 3.714,
subdivision (b).
(Subd (b) amended effective January 1, 2010; adopted effective January 1, 1998;
previously amended effective July 1, 2005.)

c. APPLICABILITY OF RULE 4 TO OTHER RULES
Notwithstanding Rule 4.1, subsection (a), any rule within Rule 4 may be made
expressly applicable to other proceedings through the enactment of or amendment
to a local rule governing that proceeding.
(Subd (c) amended effective January 1, 2010; adopted effective January 1, 2009.)

(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,

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on good cause shown, the court designates the case as a TRACK B case or
TRACK C (complex) litigation. The determination as to whether a case is
designated as a TRACK B or TRACK C case under these rules shall be at the sole
discretion of the court. The designation may be made by the court at any case
management conference, trial management conference, mandatory settlement
conference, or any hearing noticed by the court or counsel.
(Subd (a) amended and lettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.2 effective January 1, 1998; previously amended effective July
1, 2005.)

b. TRACK A CASES
TRACK A cases are cases that are to be resolved within twelve (12) months of
the date that the complaint was filed.
(Subd (b) amended and lettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.2 effective January 1, 1998; previously amended effective July
1, 2005.)

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

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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,

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

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1, 2005, and January 1, 2009; amended and relettered effective January 1, 2010.)

b. CASE MANAGEMENT CONFERENCES IN “UNINSURED MOTORIST” CASES
An action for personal injury or property damage against an uninsured defendant
may be designated as an “uninsured motorist case” upon application of the
plaintiff filed concurrently with the petition or within thirty (30) days of the
commencement of the action. Upon the filing of such an application, the court
will set the first Case Management Conference approximately 180 days from the
date of the designation.
(Subd (b) amended effective July 1, 2011; adopted as Subd (a) of Rule 4.6
effective January 1, 1998; previously amended effective October 1, 2002, July 1,
2005, and January 1, 2009; relettered effective January 1, 2010.)

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

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Management Conference Two and explain the obligations of the parties in
regard to case management conferences under these rules.
(Subd (2) renumbered effective January 1, 2010; previously adopted as
portion of Subd (f) effective January 1, 1998.)

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

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(3) The court may, in its discretion, require additional case management
conferences and additional Case Management Statements.
(Subd (3) adopted effective January 1, 2010; previously adopted as
portion of Subd (h).)

(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.)

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4.7 DIVERSION TO ARBITRATION

a. ORDER TO NONBINDING ARBITRATION

(1) The following matters shall be subject to judicial nonbinding arbitration:
(a) All nonexempt unlimited civil actions in which the amount in
controversy does not exceed $50,000.
(b) All nonexempt limited civil cases, except for small claims actions
or any action maintained pursuant to Civil Code section 1781 or
Code of Civil Procedure section 1161.
(c) Any matter in which the parties stipulate to arbitration, provided
the stipulation is filed no later than the time the initial case
management statement is filed, unless the court permits a later
time.

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

(3) As to those cases ordered to arbitration, judicial arbitration will proceed in
accordance with the Judicial Arbitration rules for civil cases (California
Rules of Court, rule 3.810 et seq.), except as otherwise stated in these
rules.
(Subd (a) amended effective January 1, 2012; adopted effective January 1, 1998;
previously amended effective October 1, 200, and January 1, 20102.)

b. SELECTION OF ARBITRATOR

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

(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.)

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

4.8 MEDIATION

a. ADOPTION OF CIVIL ACTION MEDIATION PROGRAM (CCP § 1775 ET SEQ.)
Effective January 1, 2012, and per the authority in Code of Civil Procedure
section 1775.2, subdivision (b), the court adopts the Civil Action Mediation
Program set forth in Title 11.6 of the Code of Civil Procedure. Mediations
conducted per the Civil Action Mediation Program (“the Mediation Program”) in
Solano County shall be subject to all applicable statutes and California Rules of
Court concerning the Civil Action Mediation Program (e.g. Cal. Rules of Court,

rule 3.870 et seq.). (Subd (a) adopted effective January 1, 2012; prior subd. (a) relettered as subd. (d) effective January 1, 2012.)

b. MATTERS TO WHICH MEDIATION PROGRAM APPLIES
The following matters shall be subject to mandatory mediation:
(1) All nonexempt unlimited civil actions filed on or after January 1, 2012, in
which the amount in controversy does not exceed $50,000.
(2) All nonexempt limited civil cases filed on or after January 1, 2012, except
for small claims actions.
(3) Any matter, regardless of filing date or the amount in controversy, in
which the parties stipulate to mediation, provided the stipulation is filed at
least ninety (90) days prior to trial, unless the court permits a later time.
(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.)

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d. SELECTION OF MEDIATOR

(1) If the parties have a preference for a mediator, counsel shall provide the
name, address, and telephone number of the preferred mediator to the
court’s ADR Administrator within twenty (20) days of the referral to
mediation. The statement of preference is not binding on the court, but
may be considered in selecting the mediator.
(Subd. (1) amended and renumbered effective January 1, 2012.)

(2) The court shall select the mediator from the court’s list of mediators. The
court shall notify the parties of the name, address, and telephone number
of the mediator selected by the court within thirty (30) days of the referral
to mediation.
(Subd. (2) amended and renumbered effective January 1, 2012.)

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

e. APPEARANCE AT MEDIATION SESSIONS

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

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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

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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; (c) The most recent court date; (d) The name(s) of any mediation personnel (i.e. mediators or mediation clerks) with whom the complainant had contact; and, (e) A statement explaining the reasons for the complaint. (3) Upon receiving the complaint, the ADR Administrator will notify the complainant in writing that the court has received the complaint. (4) The ADR Administrator shall review the complaint and determine whether the complaint can be informally resolved or closed, or whether the complaint warrants investigation. If the complaint warrants an investigation, the ADR Administrator shall take the following steps: (a) The ADR Administrator shall give notice of the complaint to the mediator and provide a reasonable opportunity to respond. (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

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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.)

4.9 MANDATORY SETTLEMENT CONFERENCES

a. REQUIRED PARTICIPANTS
The lead trial counsel, parties, and persons with full settlement authority shall
personally attend the Mandatory Settlement Conference unless excused by the
court for good cause. In the case of an insured principal, the authorized
representative of the insured’s insurance company must be present in lieu of the
client, and must have full settlement authority. For purposes of these rules, “full
settlement authority” means persons physically present in the courthouse who are
empowered to make settlement decisions without telephone consultation with

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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;
(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.)

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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.)

4.10 TRIAL MANAGEMENT CONFERENCES

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

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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 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

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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.)
(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
of 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.)

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4.12 MISCELLANEOUS

a. REQUEST FOR EXTENSION OF TIME
Any request for extension of time under these rules shall be filed with due
diligence and, in addition to being signed by counsel shall be endorsed by the
party acknowledging that the extension of time being requested by counsel is
concurred in by the party. The request shall be made on the form provided by the
court.
(Subd (a) amended effective January 1, 2009; adopted effective January 1, 1998.)

b. KNOWLEDGE OF CASE
Counsel and parties attending any hearing or conference set pursuant to these
rules shall have sufficient knowledge of the case to inform the court as to all
matters that are pertinent and relevant to the issues to be heard and have authority
to enter into binding stipulations regarding any matters before the court. This rule
shall apply equally to attorneys of record and specially appearing counsel.
(Subd (b) amended effective January 1, 2010; adopted effective January 1, 1998;
previously amended effective January 1, 2009.)

c. REFERENCE TO “ATTORNEY” OR “COUNSEL”
Any reference in these rules to “attorney” or “counsel” shall apply equally to any
person representing himself or herself in a case subject to these rules.
(Subd (c) amended effective January 1, 2009; adopted effective January 1, 1998.)

d. REMOVAL FROM CIVIL ACTIVE LIST
A case shall not be removed from the civil active list except by order of the court.
(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.)

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

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.)

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.)

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Rule 4 – Administration of Civil Litigation
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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.)

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Rule 5 – Family Law

PART ONE: Family Law Proceedings Generally

RULE 5 AMENDED AND RENUMBERED IN ITS ENTIRETY EFFECTIVE JANUARY 1, 2013.

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

a. ASSIGNMENT OF MATTERS TO THE FAMILY LAW DIVISION
All family law matters will be heard principally in the Family Law Division as
designated by the Presiding Judge and in such additional departments to which
such matters may, from time to time, otherwise be assigned for trial or hearing by
the Supervising Judge of the Family Law Division.
(Subd (a) adopted effective January 1, 2013.)

b. MATTERS TO WHICH RULE 5 APPLIES
Rule 5 applies to all family law matters, including:
(1) Proceedings under the Family Code for dissolution of marriage or
registered domestic partnership, nullity of marriage or registered domestic
partnership, legal separation, custody and support of minor children,
termination of parental rights, adoptions, the Uniform Parentage Act, the
Uniform Child Custody Jurisdiction and Enforcement Act, or the Uniform
Interstate Family Support Act;
(2) Local child support agency actions under the Family Code; and,
(3) Contempt proceedings relating to family law or local child support agency
actions.

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

Although heard in the Family Law Division, guardianships and conservatorships
are governed by Rule 15, not Rule 5.
(Subd (b) adopted effective January 1, 2013.)

c. APPLICABILITY OF RULES TO PARTIES AND COUNSEL
Unless otherwise prohibited by law, Rule 5 applies to the parties, to the attorneys
of represented parties, and to minor’s counsel. References to a party’s counsel or

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attorney includes a self-represented party. (Subd (c) adopted effective January 1, 2013.)

(Rule 5.1 adopted effective January 1, 2013.)

5.2 DIRECT CALENDARING

a. ASSIGNMENT OF MATTER TO JUDICIAL OFFICER
When a family law case is filed, or received and filed as a transfer from another
jurisdiction, the Clerk of the Court shall assign the case to one judicial officer for
all purposes, as directed by and subject to the approval of the supervising judge of
the Family Law Division. The assignment shall be designed to fairly distribute
the workload among the judicial officers of the Family Law Division and best
serve the court.
(Subd (a) adopted effective January 1, 2013.)

b. NOTIFICATION OF ASSIGNED JUDICIAL OFFICER
The Clerk of the Court shall notify the parties of the initial assignment of the case
to a judicial officer at the time the petitioner’s initial pleading is filed.
(Subd (b) adopted effective January 1, 2013.)

c. NOTIFICATION OF REASSIGNMENT
Cases may be reassigned from time to time. Reassignments may be done on the
record at a hearing or by written notification from the court.
(Subd (c) adopted effective January 1, 2013.)

(Rule 5.2 adopted effective January 1, 2013.)

5.3 PREPARATION AND FILING OF FORMS AND PLEADINGS

a. USE OF SOLANO COUNTY COURT CASE NUMBER
The case number shall have the following format on all pleadings and forms filed
with the court:
(1) SF012345: All family law cases filed prior to December 8, 1999
(excepting adoptions and Uniform Parentage Act
cases).
(2) FFL012345: All family law cases filed on or after December 8, 1999
or whose case number is equal to or higher than
FFL050994 (excepting adoptions and Uniform
Parentage Act cases).

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(3) SA001234: All adoption cases filed prior to December 8, 1999.
(4) FAD001234: All adoption cases filed on or after December 8, 1999,
or whose case number is equal to or higher than
FAD005778.
(5) SL012345: All Uniform Parentage Act cases filed prior to
December 8, 1999, including cases with case numbers
formatted as “L012345”.
(6) FCS012345: All Uniform Parentage Act cases filed between
December 8, 1999, and September 30, 2002.
(7) FFL012345: All Uniform Parentage Act cases filed on or after
October 1, 2002, or whose case number is equal to or
higher than FFL069339.
(Subd (a) adopted effective January 1, 2013.)

b. APPLICATIONS FOR ORDERS FOR PUBLICATION OF SUMMONS
A petitioner seeking an order for publication of summons pursuant to Code of
Civil Procedure section 415.50 may submit the request on either a local form
made available for that purpose or in a pleading that contains the same substantive
information required on the form.
(Subd (b) adopted effective January 1, 2013.)

c. FORMS AND DOCUMENTS TO BE INCLUDED WITH MOVING PAPERS
In addition to any forms required by the California Rules of Court, any Request
for Order or other moving papers served on the other party shall include a copy of
the court’s local form Meet and Confer Orders.

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

A party filing an Order to Show Cause and Affidavit for Contempt (Judicial
Council form FL-410) shall attach a copy of each order allegedly violated.
(Subd (c) adopted effective January 1, 2013.)

d. FILING OF NOTICES OF UNAVAILABILITY
The court shall not accept for filing a "Notice of Unavailability of Counsel" or
other document or pleading whose sole purpose is to advise the court and/or other

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parties of an attorney's or party's unavailability. (Carl v. Superior Court of

Orange County (2007) 157 Cal.App.4th 73.) (Subd (d) adopted effective January 1, 2013.)

(Rule 5.3 adopted effective January 1, 2013.)

5.4 APPLICATIONS FOR EMERGENCY ORDERS (EX PARTE ORDERS)

a. APPLICABILITY
All parties shall comply with the provisions in Chapter 7 of Division 1 of the
California Rules of Court.
(Subd (a) adopted effective January 1, 2013.)

b. PROCEDURES FOR REQUESTING EMERGENCY ORDERS
All Requests for Orders shall be initially submitted to the Family Law Clerk’s
Office. No Request for Order shall be initially submitted directly to a judicial
officer.

Upon submission of the Request for Order to the clerk, a party may request that
the matter be considered for emergency hearing. Upon such request, the clerk
shall collect all applicable fees, and then forward the Request for Order and the
receipt for such payment to the judicial officer assigned to the matter, for review
and determination by the judicial officer as to whether the motion sets forth facts
showing the necessity for an emergency hearing to:
(1) Avoid an immediate danger or irreparable harm to a party or to the
children involved in the matter;
(2) Help prevent the immediate loss or damage to property subject to
disposition in the case; or
(3) Make orders concerning procedural matters as set forth in California Rules
of Court, rule 5.170.

If the judicial officer determines that good cause for an emergency hearing exists,
a date and time for such hearing will be set by that judicial department as may be
appropriate, and the date and time shall appear on the face of the Request for
Order along with the date and time established for the general hearing on the
Request for Order.

Unless otherwise indicated by the judicial officer, notice of the ex parte hearing
shall be given no later than 10:00 a.m. the court day prior to the hearing date, and
a declaration setting forth how notice was given, including the date and time of

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the notice and the actual content of the notice, shall be submitted. The adequacy of the notice given may be determined from the submittal of a completed declaration compliant with California Rules of Court, rule 5.151 et seq. The local form Declaration re Notice for Ex Parte Hearing may be used for this purpose. The moving party shall use all reasonable diligence to serve the responding party with a copy of the Request for Order prior to the emergency hearing, and shall have a copy to provide to the responding party at the hearing in the event service could not be effected earlier.

The Request for Order, showing the date and time of both hearings, shall be filed by the court, and an endorsed-filed copy returned to the applicant. In no event shall the Request for Order not be filed.

Nothing in this rule shall prohibit any judicial officer from exercising his or her judicial discretion in conformity with the provisions in Chapter 7 of Division 1 of the California Rules of Court. (Subd (b) adopted effective January 1, 2013.)

(Rule 5.4 adopted effective January 1, 2013.)

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

a. SETTING AN INITIAL HEARING
When an initial hearing is set pursuant to a Request for Order or other paper
seeking relief, the matter shall be set on the assigned judicial officer’s law and
motion calendar. The clerk shall provide the time and date for all initial hearings.
All matters set on an initial hearing calendar are limited to 20 minutes of hearing
time.
(Subd (a) adopted effective January 1, 2013.)

b. VACATING A SCHEDULED HEARING

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

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If the pleadings have been served on the responding party but no
responsive pleadings have been filed, the moving party may take the
matter off calendar but must give notice to both the court and the
responding party so as to avoid unnecessary review by the court and
appearances by the party. Notice to the court may be given by telephone
to the appropriate department.
(Subd (1) adopted effective January 1, 2013.)

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

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

A failure to appear without prior notification to the court may result in the
imposition of sanctions against one or both parties and/or attorneys, in the
court’s discretion.
(Subd (2) adopted effective January 1, 2013.)

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

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

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

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

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temporary orders previously made may be extended upon a showing of good
cause.
(Subd (c) adopted effective January 1, 2013.)

d. DAY OF HEARING PROCEDURES

(1) Duty to Appear and to Advise Court of Settled Issues and Remaining
Contested Issues
All parties and their attorneys shall be punctual for all court appearances
and shall check in with the courtroom clerk or bailiff upon arrival.

The parties or the attorneys for the parties shall be prepared to advise the
court as to what issues have been settled by agreement and what issues
remain contested.
(Subd (1) adopted effective January 1, 2013.)

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

If the responding party appears and has filed and served a responsive
pleading seeking appropriate affirmative relief, the court may continue the
matter or rule on the affirmative relief requested, at its discretion.
(Subd (2) adopted effective January 1, 2013.)

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

e. TELEPHONIC APPEARANCES
A party, an attorney, or a representative of a local child support agency or
government agency who wishes to appear by telephone at a hearing must file a
request with the court clerk at least 2 court days prior to the date of the hearing.
The request shall be made on a Request for Telephone Appearance (Judicial
Council form FL-679). The request must be served on all other parties, their
attorneys, and the local child support agency through a means calculated to ensure
delivery by the close of business on the next court day.

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If the court permits the appearance by telephone, and unless the court specifically

directs otherwise, the person being permitted to appear telephonically shall do so through CourtCall LLC, a private telephonic appearance provider with whom the court has contracted. The telephone number of CourtCall is (888) 88-COURT or (310) 342-0888. Those wishing to use CourtCall must 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.

Absent prior court order, requests for telephonic appearances in trials, contempt hearings, orders of examination, and any other matters in which the person has been subpoenaed to appear will not be permitted. Rules for ex parte requests and orders shortening time shall apply. (Subd (e) adopted effective January 1, 2013.)

(Rule 5.5 adopted effective January 1, 2013.)

5.6 PRESENCE OF CHILDREN IN COURTROOM

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

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

(Rule 5.6 adopted effective January 1, 2013.)

5.7 FAMILY CENTERED CASE RESOLUTION PROCESS (CRC 5.83)

a. APPLICABILITY
The Family Centered Case Resolution process (“the FCCR process”) shall apply
to dissolution, legal separation, nullity, and parentage cases filed on or after
January 1, 2013. A judicial officer may, in his or her sole discretion, elect to
place an individual case other than a dissolution, legal separation, nullity, or
parentage case in the FCCR process.
(Subd (a) adopted effective January 1, 2013.)

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

b. CASE MANAGEMENT CONFERENCES
At the time a dissolution, nullity, legal separation, or parentage case is filed, the
case shall be automatically set for three case management conferences at six
months, twelve months, and eighteen months.

If a Request for Order is set for hearing at a point in time close to a scheduled
case management conference, the judicial officer may elect to conduct the case
management conference concurrently with the hearing on the Request for Order.

Nothing in this rule prohibits a party from requesting a status conference earlier
than a mandated case management conference. Nothing in this rule prohibits the
setting of status conferences in addition to the three mandated case management
conferences.
(Subd (b) adopted effective January 1, 2013.)

c. NOTICE OF CASE MANAGEMENT CONFERENCES
At the time the petition is filed, the court shall provide the petitioner with a Notice
of Case Management Conferences. This notice shall give the date, time, and
place that each party, or the party’s attorney if represented, shall appear for the
three required case management conferences.

A copy of the Notice of Case Management Conferences shall be served on the
respondent at the same time as the petition and summons.
(Subd (c) adopted effective January 1, 2013.)

(Rule 5.7 adopted effective January 1, 2013.)

5.8 STATUS CONFERENCES AND STATUS CONFERENCE REPORTS

a. APPLICABILITY OF RULE
Rule 5.8 applies only to status conferences. It does not apply to case management
conferences set per Rule 5.7.
(Subd (a) adopted effective January 1, 2013.)

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

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conferences.

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

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

The court may set a case on the status conference calendar at its discretion. No
status conference may be continued or taken off calendar without court
permission.
(Subd (b) adopted effective January 1, 2013.)

c. FILING AND SERVICE OF STATUS CONFERENCE REPORT
At least seven (7) calendar days before the scheduled status conference, each
party (or their counsel) shall file with the court and serve on all other parties a
completed status conference report on a local form designated for that purpose.
The status conference report shall be printed on light blue paper. Proof of service
of the status conference report shall be filed with the court at least seven (7)
calendar days before the scheduled status conference.
(Subd (c) adopted effective January 1, 2013.)

d. SANCTIONS
The court may impose sanctions if:
(1) A status conference report is not timely filed and served;
(2) A status conference report is not fully completed;

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(3) A party or his or her attorney fails to appear at the status conference.
However, an attorney may appear on behalf of a party unless the court has
ordered a party to personally appear; or,
(4) An attorney or a party is not substantially aware of all procedural, factual,
and legal aspects of the case, or an attorney does not have full authority to
discuss and resolve any issues that arise at the conference, including, but
not limited to, resolving discovery and the setting of subsequent court
dates.
(Subd (d) adopted effective January 1, 2013.)

(Rule 5.8 adopted effective January 1, 2013.)

5.9 COURT REPORTER FEES

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

(Rule 5.9 adopted effective January 1, 2013.)

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Rule 5 – Family Law
PART TWO: Settlement Conferences and Trials a. SETTLEMENT CONFERENCES GENERALLY
Absent waiver for good cause shown, the court will require a mandatory
settlement conference prior to that matter proceeding to trial. Each party and the
attorney who will try the case for each party shall personally attend the settlement
conference, unless the court excuses the party prior to the conference or has
granted permission to appear telephonically.
(Subd (a) adopted effective January 1, 2013.)

b. DUTY TO MEET AND CONFER
The meet and confer requirements set forth in California Rules of Court, rule
5.98, shall also apply to settlement conferences.

Counsel and parties shall comply at all times with the policy of the law to
promote settlement of litigation and, where possible, to reduce the costs of
litigation by encouraging cooperation between the parties and attorneys (see
Family Code section 271). Prior to the settlement conference, counsel and
parties shall make good faith efforts to settle all or some of the issues. They must
also cooperate so as to clearly outline and efficiently present the settled and
unsettled issues to the court at the settlement conference.
(Subd (b) adopted effective January 1, 2013.)

c. TIME FOR FILING AND SERVICE OF SETTLEMENT CONFERENCE STATEMENT
AND OTHER REQUIRED DOCUMENTS
Each party or attorney shall file and serve his or her settlement conference
statement and any other documents required by this rule or by court order at least
fourteen (14) calendar days prior to the settlement conference. Proof of service of
the settlement conference statement shall be filed with the court at least seven (7)
calendar days before the scheduled status conference.
(Subd (c) adopted effective January 1, 2013.)

d. CONTENTS OF SETTLEMENT CONFERENCE STATEMENT
A settlement conference statement shall state in the caption the date and time of
the settlement conference.

Settlement conference statements submitted in an dissolution of marriage or
registered domestic partnership, nullity, or legal separation action shall respond to
each item set forth below. Settlement conference statements submitted in any
other matter shall respond to each item set forth below, except for items (4), (5),

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and (6). If a particular paragraph is not applicable, the statement shall indicate
that fact.

(1) Statistical Facts (a) For Dissolutions, Nullities, and Legal Separations Only (i) The date of marriage or registration of registered domestic partnership, the date of separation, and the length of the marriage or registered domestic partnership in years and months; and, (ii) If the date of separation or any other statistical fact is contested, the party shall provide all material facts in support of their position. (b) For All Cases: (i) The names and ages of minor children and any disabled adult children to whom a duty of support may be owed; (ii) Ages of parties; (iii) Whether there are any contested issues as to statistical facts, and if so, a statement setting forth all material facts concerning the contested issue(s); and, (iv) The date service of process was completed, where it was made and how it was accomplished. (2) Child Custody and Visitation (a) A summary of the existing custody and visitation order or, if there is no existing order, the parties’ current practice; and, (b) The party’s proposal for custody and visitation. If the proposal is to change the existing custody or visitation order, the statement shall include all material facts in support of the proposal. (3) Child Support (a) A summary of the existing child support order or, if there is no existing order, the parties’ current practice; (b) All material facts in support of any unusual circumstances regarding income, expenses or ability to earn income; (c) A current calculation of the party's proposal for child support, pursuant to the relevant provisions of the Family Code, including a calculation of the percent of time share; and, (d) A statement whether or not either party receives public assistance or services from the Department of Child Support Services in the instant or related cases.

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Rule 5 – Family Law

PART TWO: Settlement Conferences and Trials

(4) Spousal or Partner Support (For Dissolutions, Nullities, and Legal Separations Only) (a) A summary of existing spousal or partner support order or, if there is no existing order, the parties’ current practice; (b) All material facts in support of any unusual circumstances regarding income, expenses or ability to earn income; (c) The party’s proposal for spousal or partner support; and, (d) All relevant and material facts in support of the party’s position, including facts concerning each of the factors in Family Code section 4320 in the case of establishing or modifying post - judgment support. (5) Contested Property Issues (For Dissolutions, Nullities, and Legal Separations Only) Each party shall list each contested asset or obligation, real or personal, and for each asset or obligation, furnish the following information, if relevant to the contested issue: (a) The date it was acquired; (b) If the asset has a formal title (e.g. house, vehicle, bank account, brokerage account, etc.), the manner in which title is vested; (c) The party’s position as to the property’s character, e.g. as community property, separate property, or quasi-community or quasi-marital property; (d) All material facts and law in support of the party's characterization of the property; (e) The current fair market value of the property; (f) The nature, extent and terms of any encumbrance against the property and the current net equity in the property; (g) Whether the property has any community property interest through application of Moore/Marsden or Pereira/Van Camp, and if so, the factual and legal basis for apportionment, the formula for apportionment, and the value of each party's community and separate property interests; and, (h) A detailed and complete proposal for the disposition of each item of property. If the proposed disposition is not substantially equal, the statement shall include a proposal for equalizing the disposition. (6) Reimbursements and Credits (For Dissolutions, Nullities, and Legal Separations Only) (a) If a party is claiming Epstein credits, Watts/Jeffries credits, Family Code section 2640 reimbursements, or other claims for

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

reimbursement or credits, the party shall include a complete
statement setting forth the factual and legal basis for the credit or
reimbursement claimed and the formula used (if any) to calculate
the credit or reimbursement.
(7) Attorney Fees, Expert Fees, and Costs
(a) Amounts paid by a party on account of his or her own attorney
fees, expert fees, and costs, and any balances due for such fees and
costs;
(b) Amounts paid by a party on account of the other party's attorney
fees, expert fees, and costs, and any balances due for such fees and
costs; and,
(c) If a party is requesting that his or her attorney fees, expert witness
fees, or costs be paid in part or in full by the other party, state the
additional amounts requested and the legal and factual basis for the
request.
(8) Documents, Schedules, and Summaries
(a) If property is to be characterized and/or divided, attach copies of
all appraisals, expert reports, and other documentary evidence of
an asset’s value or amount of debt to be offered at the time of trial;
and,
(b) List and describe all documents, schedules or summaries, and/or
other evidence to be offered at the time of trial. However,
evidence intended for use only for impeachment purposes is not
required to be listed.
(9) Witnesses and Reports
(a) Give the name, address and telephone number of each witness the
party plans to call at trial;
(b) Attach a copy of each document schedule, summary, expert report
or appraisal about which the witness will testify unless a copy is
attached elsewhere in the settlement conference statement; and,
(c) Provide a brief statement setting forth the substance of the
witnesses’ testimony.
(10) Points and Authorities
With respect to disputed matters, each party shall list the points and
authorities or legal arguments upon which that party intends to rely, so far
as is known at the time the statement is prepared.
(Subd (d) adopted effective January 1, 2013.)

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

e. INCOME AND EXPENSE DECLARATION; TAX RETURNS
If child support, spousal support, attorney fees and costs, or sanctions are at issue
and unless a current Income and Expense Declaration (Judicial Council form FL-
150) is already on file, an updated Income and Expense Declaration shall be filed
concurrently with the party’s settlement conference statement. “Current” shall
have the same definition as California Rules of Court, rule 5.260(a)(3). Each
party shall also be prepared to provide the court with a complete copy of that
party’s two most recent federal personal tax returns. This shall include all
schedules and attachments. If either party files a separate tax return for a business,
a complete copy of the two most recent federal tax returns for that business shall
also be made available. Except for Taxpayer Identification Numbers (TIN) or
Social Security Numbers, no information on any tax returns provided to the court
may be redacted.
(Subd (e) adopted effective January 1, 2013.)

f. TRIAL JUDGE AS SETTLEMENT CONFERENCE JUDGE
The settlement conference will be conducted by the trial judge. If any party
objects to the trial judge acting as the settlement conference judge, the objecting
party must do as follows:
(1) Orally object at the hearing if the party is present at the hearing at which
the settlement conference date is set; or,
(2) Object in writing if the party is not present at the hearing at which the
settlement conference date is set. The written objections must be filed no
later than ten (10) calendar days after receiving notice of the settlement
conference date.
(Subd (d) adopted effective January 1, 2013.)

(Rule 5.10 adopted effective January 1, 2013.)

5.11 EVIDENTIARY HEARINGS AND TRIALS

a. MEET AND CONFER REQUIREMENTS
The meet and confer requirements set forth in California Rules of Court, rule
5.98, shall also apply to all evidentiary hearings and trials.
(Subd (a) adopted effective January 1, 2013.)

b. VACATING OR CONTINUING AN EVIDENTIARY HEARING OR TRIAL DATE
An evidentiary hearing or trial may be vacated or continued only by court
permission obtained pursuant to stipulation by the parties, by order after a noticed
request, or upon the court’s own motion.

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

If the evidentiary hearing or trial is continued at a party’s request or by
stipulation, the current fee charged for such continuances shall be paid prior to or
concurrently with the filing of the order continuing the trial or evidentiary
hearing.
(Subd (b) adopted effective January 1, 2013.)

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

So far as is practicable, all parties must have their respective exhibits (except
those to be used solely for impeachment) marked by the courtroom clerk before
the time scheduled for trial to start, unless excused by the assigned judicial
officer.
(Subd (c) adopted effective January 1, 2013.)

(Rule 5.11 adopted effective January 1, 2013.)

5.12 – 5.19 [RESERVED]

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Rule 5 – Family Law
PART THREE: Child Custody and Visitation a. PARTIES’ DUTIES
In all proceedings and actions where there is an initial contested issue regarding
the custody of or visitation with a minor child, the matter shall be set for child
custody recommending counseling through Family Court Services. The custody
counseling shall be completed and a report issued by the child custody
recommending counselor before the court hears the matter. Emergency hearings
for temporary orders pending the hearing are exempt from this rule.

If a party does not appear for the hearing and there is satisfactory proof in the
court file that the non-appearing party has notice of the hearing, the counseling
session may proceed without the party’s participation or may be excused in the
court’s discretion.
(Subd (a) adopted effective January 1, 2013.)

b. REPORT – FULL AGREEMENT
Where a full agreement has been reached in the counseling session between the
parties regarding the issues of custody and visitation, the child custody
recommending counselor shall prepare and forward to the court a written
summary of such agreement.
(Subd (b) adopted effective January 1, 2013.)

c. REPORT – PARTIAL OR NO AGREEMENT
Where there is not a full agreement between the parties regarding the issues of
custody and/or visitation, the child custody recommending counselor shall submit
a recommendation to the court regarding custody of and/or visitation with the
minor child(ren), per Family Code section 3183. The counselor’s
recommendation shall state the factual basis for the recommendation, which may
include matters communicated to the counselor by the parties or the minor
child(ren). The court may consider the written recommendation of the counselor
and the basis for that recommendation in determining the issues before the court
at the time of hearing.
(Subd (c) adopted effective January 1, 2013.)

d. DISCLOSURE OF CHILD CUSTODY RECOMMENDING COUNSELING REPORT
PROHIBITED
Any written report or recommendation from a child custody recommending
counselor shall be confidential and unavailable to any person except the court, the
parties, their attorneys and the attorneys' employees or agents, the parties' experts,

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

licensed family counselors professionally involved with the case, the minor
child’s attorney, and any person to whom the court expressly grants access by
written order made with prior notice to all parties.

Dissemination of the report to persons other than those identified above is strictly
prohibited.
(Subd (d) adopted effective January 1, 2013.)

e. CALLING THE CHILD CUSTODY RECOMMENDING COUNSELOR AS A WITNESS
The child custody recommending counselor may be called as a witness by either
party, minor’s counsel, or the court, and may testify regarding his or her
recommendation and the basis therefore. A party or attorney calling the counselor
as a witness at any hearing must comply with all statutory requirements for
compelling a witness’ attendance at a hearing or trial, including the payment of
witness fees.
(Subd (e) adopted effective January 1, 2013.)

f. GRIEVANCE PROCEDURE
The procedure for processing a complaint concerning a Family Court Services
child custody recommending counselor shall be as follows:
(1) Complaints are only accepted from the following individuals:
(a) A party to the action;
(b) A party’s attorney; or
(c) The court-appointed attorney for the minor child.
(2) The complainant must submit his or her complaint in writing with the
Court Services 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;
(c) The most recent court date and the date(s) on which the parties met
with the counselor;
(d) The name(s) of any Family Court Services personnel (i.e. child
custody recommending counselors) with whom the complainant
had contact; and,
(e) A statement explaining the reasons for the complaint. Mere
disagreement with a child custody recommending counselor’s
recommendation(s) or stated reasons for a recommendation is not a
sufficient basis for the court or any other program manager to take
action on the grievance, and such a complaint may be summarily
dismissed without further investigation or action.

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

(4) Persons making complaints should be aware that all information contained
in the complaint will be made available to all parties and the counselor(s)
involved in the case.
(5) The program manager will conduct an investigation of the matter, which
will include consultation with the child custody recommending counselor.
The complainant will be informed in writing of the results of the program
manager’s investigation within 30 days of the submission of the
complaint.
(6) Nothing precludes the complainant from bringing his or her concerns to
the court through a noticed motion.
(Subd (f) adopted effective January 1, 2013.)

g. PEREMPTORY CHALLENGE AGAINST FAMILY COURT SERVICES CHILD
CUSTODY RECOMMENDING COUNSELOR
There shall be no “peremptory challenges” of the assigned Family Court Services
child custody recommending counselor.
(Subd (g) adopted effective January 1, 2013.)

h. EX PARTE COMMUNICATIONS WITH CHILD CUSTODY RECOMMENDING
COUNSELOR
Ex parte communication between any party or any attorney and the Family Court
Services child custody recommending counselor is prohibited, unless authorized
by the court or unless the child’s or a party’s physical safety is subject to
imminent risk of harm or danger.
(Subd (h) adopted effective January 1, 2013.)

(Rule 5.20 adopted effective January 1, 2013.)

5.21 CHILD CUSTODY AND VISITATION EVALUATIONS

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

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

conduct of a new evaluation or investigation at the sole expense of the offending
party.
(Subd (a) adopted effective January 1, 2013.)

b. SANCTIONS FOR UNAUTHORIZED ACCESS TO EVALUATOR’S REPORT
Disclosure of the report is governed by Family Code section 3111. If any person
entitled by law or court order to have access to the report discloses the report to
unauthorized individuals or the minor child, the court may impose sanctions
against that person.
(Subd (b) adopted effective January 1, 2013.)

c. GRIEVANCE PROCEDURE – EVALUATORS
The procedure for processing a complaint concerning a court-appointed or court -
connected evaluator shall be as follows:
(1) If the complaint involves the cost or administration of the evaluation or
investigation process, then the complainant shall attempt to resolve the
matter with the evaluator before pursuing his or her complaint as provided
in this rule. All such attempts at resolution shall comply with court orders
and all applicable laws. All other complaints shall be made as presented
in subpart 3 of this rule, below.
(2) Except upon a showing of extraordinary circumstances, complaints about
the performance of an evaluator or investigator shall be addressed after
issuance of the evaluation or investigation report.
(3) Written notice of a complaint, specifying the conduct objected to, shall be
provided to the evaluator or investigator, the other party, and the attorney
for the minor child, and shall be lodged with the court by direct delivery to
the judicial officer, within 20 days after issuance of the evaluation report.
Mere disagreement with an evaluator’s or investigator’s
recommendation(s) or stated reasons is not a sufficient basis for the court
or any program manager to take action on the grievance, and such a
complaint may be summarily denied without further investigation.
(4) A written response from the evaluator or investigator (and from the other
party and/or the attorney for the minor child, at their respective election)
shall be provided to both parties and the attorney for the minor child, and
shall be lodged with the court, no later than 10 days after the complaint
was provided to the evaluator or investigator, the other party, the minor
child’s attorney, and the court.
(5) Within 10 days after receipt of the evaluator’s or investigator’s response,
or if there is no response from the evaluator or investigator, within 20 days
after receiving the original complaint, the court shall issue a written

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

statement as to what action, if any, it deems appropriate to deal with the
complaint.
(6) If either party or attorney for a minor is not satisfied with the court’s
determination, he or she may file a noticed motion requesting other
specified relief. Such motion shall be in compliance with Code of Civil
Procedure section 1005 and shall be served on the other parties, the
attorney for the minor child, and the evaluator or investigator. The
evaluator or investigator shall appear at the hearing. The cost of the
evaluator’s or investigator’s appearance shall be advanced by the
complainant, with the court reserving jurisdiction over the allocation of
such cost.
(Subd (c) adopted effective January 1, 2013.)

d. PEREMPTORY CHALLENGE AGAINST EVALUATOR
There shall be no “peremptory challenges” of the appointed evaluator.
(Subd (d) adopted effective January 1, 2013.)

e. EVALUATOR’S PETITION FOR WITHDRAWAL FROM A CASE
A private evaluator shall have the right to petition for withdrawal from a case to
which he or she has been appointed. Such petition shall demonstrate good cause
for the withdrawal request. The petition shall be filed and served in compliance
with Code of Civil Procedure section 1005.
(Subd (e) adopted effective January 1, 2013.)

(Rule 5.21 adopted effective January 1, 2013.)

5.22 – 5.29 [RESERVED]

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Rule 5 – Family Law

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

5.30 CALCULATION OF TEMPORARY SPOUSAL OR PARTNER SUPPORT

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

(Rule 5.30 adopted effective January 1, 2013.)

5.31 – 5.39 [RESERVED]

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Rule 5 – Family Law

PART FIVE: Judgments

5.40 CALENDARING HEARINGS FOR DEFAULT OR UNCONTESTED JUDGMENTS

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

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

(Rule 5.40 adopted effective January 1, 2013.)

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

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

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

(Rule 5.41 adopted effective January 1, 2013.)

5.42 DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

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

To obtain a judgment of nullity of marriage or registered domestic partnership, the requesting party must submit to the court the documents identified in Appendix 5-A for

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Rule 5 – Family Law

PART FIVE: Judgments

the situation that pertains to that case (e.g. default without agreement, default with agreement, or uncontested). Documents that have already been filed do not need to be resubmitted.

(Rule 5.42 adopted effective January 1, 2013.)

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

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

(Rule 5.43 adopted effective January 1, 2013.)

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Rule 5 – Family Law

APPENDIX 5-A

DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

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

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

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

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Superior Court of California County of Solano

Rule 5 – Family Law

APPENDIX 5-A

DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

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

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

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

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Rule 5 – Family Law
APPENDIX 5-A

DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

4. If attorney fees are requested:
a Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order
5. If property division is requested:
a Property Order Attachment to Judgment (form FL-345) or other proposed written order

• Notice of Entry of Judgment (form FL-190) • 2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope addressed to petitioner and the other to respondent.

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Rule 5 – Family Law

APPENDIX 5-A

DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

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

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

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

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Superior Court of California County of Solano

Rule 5 – Family Law
APPENDIX 5-A

DOCUMENTS NEEDED FOR JUDGMENTS OF NULLITY

4. If attorney fees are requested:
a Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order
5. If property division is requested:
a Property Order Attachment to Judgment (form FL-345) or other proposed written order

• Notice of Entry of Judgment (form FL-190) • 2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope addressed to petitioner and the other to respondent.

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Rule 5 – Family Law

APPENDIX 5-B

DOCUMENTS NEEDED FOR DEFAULT OR UNCONTESTED JUDGMENTS FOR ESTABLISHMENT OF PARENTAL RELATIONSHIP (UPA) OR FOR ESTABLISHMENT OF CUSTODY AND SUPPORT PER FAMILY CODE §3120

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

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

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

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Rule 5 – Family Law

APPENDIX 5-B

DOCUMENTS NEEDED FOR DEFAULT OR UNCONTESTED JUDGMENTS FOR ESTABLISHMENT OF PARENTAL RELATIONSHIP (UPA) OR FOR ESTABLISHMENT OF CUSTODY AND SUPPORT PER FAMILY CODE §3120

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

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

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

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Rule 5 – Family Law

APPENDIX 5-B

DOCUMENTS NEEDED FOR DEFAULT OR UNCONTESTED JUDGMENTS FOR ESTABLISHMENT OF PARENTAL RELATIONSHIP (UPA) OR FOR ESTABLISHMENT OF CUSTODY AND SUPPORT PER FAMILY CODE §3120

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

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

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

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Superior Court of California County of Solano

Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

6.1 ADOPTION, CONSTRUCTION AND AMENDMENT OF RULES AND STANDING ORDERS

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

b. STANDING ORDERS
The Presiding Judge of the Juvenile Division may issue such standing orders for
the administration of the Juvenile Court, as the court deems appropriate. The
court may issue new or amended standing orders by filing the same with the clerk
of the court and posting the order for a period of thirty (30) days outside of the
juvenile courtrooms and the clerk’s office.
(Subd (b) amended and relettered effective January 1, 2010; adopted as
subdivision (c) of Rule 6.1.1 effective August 1, 2002; previously amended
effective July 1, 2008.)

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

6.2 ASSIGNMENT OF JUDICIAL OFFICER; JUVENILE CALENDAR

a. ASSIGNMENT OF JUDICIAL OFFICER FOR ALL PURPOSES
When a juvenile case is filed, or received and filed as a transfer from another
jurisdiction, the Clerk of the Court shall assign the case to one judicial officer for
all purposes, as directed by and subject to the approval of the Presiding Judge of
the Juvenile Division. The assignment shall be designed to fairly distribute the
workload among the judicial officers of the Juvenile Division and best serve the
court.
(Subd (a) adopted effective July 1, 2012.)

b. JUVENILE CALENDAR
All juvenile matters will be heard by the Juvenile Court on such days and such
times as scheduled or approved by the Juvenile Presiding Judge.
(Subd (b) relettered effective July 1, 2012; adopted as unlettered portion of Rule
6.1.2 effective August 1, 2002; previously amended effective July 1, 2008;
amended and renumbered effective January 1, 2010.)

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

6.3 ACCESS TO COURTROOM BY NON-PARTIES

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

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

6.4 CONFIDENTIALITY

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

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

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

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Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

which the documents or information is sought, the relevance of the documents or
information to the purpose for which they are sought, and, if necessary, a
memorandum of points and authorities. The Juvenile Court Clerk shall not accept
facsimile copies of Section 827 petitions for filing. This section does not apply
to those persons and agencies designated by Welfare and Institutions Code section
827(a) or any party authorized to obtain records by a standing order issued by this
court.
(Subd (a) amended and subd (1) through (3) deleted effective January 1, 2010;
adopted effective August 1, 2002; previously amended effective July 1, 2008.)

b. RELEASE OF RECORDS TO PARTIES AND THEIR ATTORNEYS
Any party, their attorney, or authorized agent in any Welfare and Institutions
Code 300, 601 or 602 matter shall be given access to all records relating to the
child which are held by the Clerk of the Court unless otherwise specifically
ordered by the court. The party or counsel shall also have the right to secure
copies of such records. The party or counsel shall be responsible for the cost of
any copying. Any person requesting records shall complete the form adopted or
approved by the court for this purpose. A copy of the request shall be filed in the
court file.
(Subd (b) amended effective January 1, 2010; adopted as Subd (f) effective August
1, 2002; previously amended and relettered effective July 1, 2008.)

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.

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Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

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

b. FORMAL DISCOVERY
If all informal means of discovery have been exhausted, a party may petition the
court for discovery. Any noticed motion shall state the relevancy and materiality
of the information sought and the reasons why informal discovery was not
adequate to secure that information. The motion shall be served on all parties at
least five (5) court days before the hearing date. The date for the hearing shall be
obtained from the Juvenile Court clerk. A copy shall be served on the court
before whom the matter is scheduled to be heard. Any responsive papers shall be
filed and served in like manner two (2) court days prior to the hearing.
(Subd (b) amended effective January 1, 2010; adopted effective August 1, 2002.)

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

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.

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Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

(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.)

6.9 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

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Rule 6 – Juvenile Proceedings

PART ONE: Rules for Juvenile Court in General

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
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

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PART ONE: Rules for Juvenile Court in General

petition is being amended, the minor may continue to be detained if the Court finds that a prima facie case for detention exists. (Subd (e) amended effective January 1, 2010; adopted as unlettered portion of Rule 6.2.8 effective August 1, 2002; amended and relettered as Subd (e) effective July 1, 2008.)

(Rule 6.10 adopted effective January 1, 2010.)

6.11 – 6.29 [Reserved]

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Rule 6 – Juvenile Proceedings

PART TWO: Juvenile Dependency a. MINIMUM STANDARDS OF COMPETENCE
All attorneys seeking appointment in juvenile dependency proceedings must meet
the minimum standards of competence set forth in California Rules of Court, rule
5.660(d).
(Subd (a) amended and relettered effective January 1, 2010; adopted as
unlettered portion of Rule 6.2.1 effective August 1, 2002.)

b. INITIAL APPLICATION TO PRACTICE IN THE JUVENILE COURT
An attorney seeking to practice before the Juvenile Court in dependency matters
shall submit an Application to Practice (Solano County Local Form no. 6000) to
the Presiding Judge of the Juvenile Court.
(Subd (b) adopted effective January 1, 2010.)

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

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

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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.)

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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.)

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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.)

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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.)

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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.)

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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.)

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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.

Pursuant to California Rules of Court, rule 5.655(k)(5), CASA must submit its report to the Clerk of the Juvenile Court at least seven (7) days before each regularly scheduled review following the appointment of the CASA advocate. Copies of the report will be distributed by the Clerk of the Juvenile Court only to the parties or their attorneys of record when represented by counsel at least two (2) court days before the hearing for which the report was prepared. Relatives, de facto parents, foster parents, and service providers are not entitled to receive copies of the CASA reports absent further order of the juvenile court.

(Rule 6.37 amended effective July 1, 2012; adopted as Rule 6.2.13 effective August 1, 2002; previously renumbered as Rule 6.2.8 effective July 1, 2008; previously amended and renumbered effective January 1, 2010.)

6.38 – 6.59 [Reserved]

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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.)

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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

2002-05 Release of Records, Absent Parents

2002-07 Release of Records – Financial Hearing Officer

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

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))

2012-001 Standing Order Authorizing Medical Evaluation and Treatment for Minors Placed into Protective Custody and Temporarily Detained in Out-of - Placement by Child Welfare Services

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Rule 6 – Juvenile Proceedings

APPENDIX – Standing Orders of the Juvenile Court

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www.solano.courts.ca.gov January 2013

Superior Court of California County of Solano

Rule 7 – Probate

PART ONE: Probate Proceedings Generally

7.1 SCOPE OF PROBATE RULES; DIRECT CALENDARING

a. MATTERS TO WHICH RULE 7 APPLIES
Except as otherwise provided elsewhere in these rules, these probate rules apply
to all matters governed by the Probate Code, except probate guardianships and
probate conservatorships, which are governed by Rule 15.
(Subd (a) amended effective January 1, 2012; adopted effective July 1, 2009.)

b. DIRECT CALENDARING
When a probate case is filed, or received and filed as a transfer from another
county, the Clerk of the Court shall assign the case in a manner directed by the
Supervising Judge of the Civil Division. The assignment to a judge shall be
deemed to be for all purposes. The method of selection of the judge to be
assigned to a case shall be designed to equally distribute the workload among the
judges and best serve the court.
(Subd. (b) adopted effective January 1, 2012; former subd (b) repealed effective
January 1, 2012.)

(Rule 7.1 amended effective January 1, 2012; adopted effective July 1, 2009; previously
amended effective January 1, 2010.)

7.2 USE OF JUDICIAL COUNCIL FORMS; FORMAT OF PLEADINGS; CALENDARING

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.)

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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.)

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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.)

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally a. PROCEDURE TO OBTAIN CONTINUANCE
No matter shall be continued unless the department of the court to which the
matter is assigned approves of the continuance date.

If the proposed continuance is by stipulation, the stipulation shall be submitted to
the court for review and approval of the proposed continuance date. If the
proposed continuance date is approved, an amended Notice of Hearing (Judicial
Council form DE-120) with the new hearing date may thereafter be submitted for
filing. A copy of the stipulation shall be submitted to the calendar clerk
concurrently with the amended Notice of Hearing, along with all appropriate
filing fees.

If the proposed continuance is not by stipulation, the continuance shall be
requested either through a notice of motion or through the ex parte process as set
forth in local rule 7.10. If the proposed continuance date is approved, an
amended Notice of Hearing (Judicial Council form DE-120) with the new hearing
date may thereafter be submitted for filing. A copy of the court’s order granting
the continuance shall be submitted to the calendar clerk concurrently with the
amended Notice of Hearing, along with all appropriate filing fees.

Unless the continuance was ordered by the court on its own motion, a Notice of
Hearing is not sufficient, in and of itself, to cause the recalendaring of a hearing.
(Subd (a) amended effective January 1, 2013; adopted effective July 1, 2009.)

b. CONTINUANCE OF HEARING AFTER ANNOUNCEMENT OF PREGRANT ORDER
No probate matters will be continued after announcement of a pregrant thereon,
except by order of the court for good cause.
(Subd (b) adopted effective July 1, 2009.)

(Rule 7.7 amended effective January 1, 2013; adopted effective July 1, 2009.)

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Superior Court of California County of Solano

Rule 7 – Probate

PART ONE: Probate Proceedings Generally

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 2Hwww.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:

(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.

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

(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.
(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.)

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Rule 7 – Probate

PART ONE: Probate Proceedings Generally

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.

(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.)

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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:

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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

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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.)

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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.)

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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.)

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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.)

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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

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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.)

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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.)

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(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. If distribution is to be made to an
assignee of an heir or devisee, a copy of the assignment and the terms
thereof must be on file.
(Subd (2) amended effective January 1, 2013; adopted effective January 1,
2010.)

(3) If a reserve is sought, the petition for final distribution must specifically
set forth the proposed use for the retained funds (e.g., income taxes,
closing costs, property tax assessments, etc.).
(Subd (3) adopted effective January 1, 2013.)
(Subd (d) amended effective January 1, 2013; adopted effective January 1, 2010.)

(Rule 7.27 amended effective January 1, 2013; adopted as Rule 7.42 effective July 1,
1988; previously amended effective July 1, 1989; amended and renumbered effective July
1, 2009; amended effective January 1, 2010.)

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.)

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(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 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

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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.)

7.32 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 REIMBURSEMENT OF EXPENSES OF ESTATE ADMINISTRATION

a. EXPENSES THAT MAY BE REIMBURSED
The following may be reimbursed to a personal representative and/or a personal
representative’s counsel as expenses of administration:
(1) Court filing fees;
(2) Newspaper publication fees;
(3) Surety bond premium;
(4) Probate referee appraisal fees; and,
(5) Other expenses specifically approved by the court.

b. EXPENSES THAT MAY NOT BE REIMBURSED
Unless the requesting party demonstrates extraordinary circumstances, the
following will not ordinarily be reimbursed to a personal representative and/or a
personal representative’s counsel as expenses of administration:
(1) Secretarial and word processing time;
(2) Computer time, including expenses incurred in performing computerized
legal research;
(3) Local telephone calls;
(4) Facsimile transmissions;
(5) Local mileage and parking; and,
(6) Postage and photocopies.

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(Rule 7.33 adopted effective January 1, 2013.)

7.34 – 7.49 [RESERVED]

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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.)

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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.)

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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.
(3) The benefit to the beneficiary of having the parent perform the services
instead of a professional caregiver.

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(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.)

7.56 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.)

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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 ATTORNEY’S FEES IN CASES INVOLVING MINORS OR ADULTS WITH DISABILITIES [Repealed]

(Rule 8.2 repealed effective July 1, 2010; adopted effective July 1, 2008; amended effective July 1, 2009, and January 1, 2010.)

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.)

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Rule 9 – Attorney Fees in Default Matters,
Promissory Notes, Contracts, and Foreclosures a. RECOVERY OF “REASONABLE” ATTORNEY FEES IN DEFAULT CASES
Except in open book accounts, whenever the obligation sued upon provides for
the recovery of “reasonable” attorney fees and the matter is heard as an unlimited
civil matter, the fees in each default case shall be fixed, based on the principal
amount only, pursuant to the schedule set forth in subsection (d).
(Subd (a) amended effective January 1, 2012; adopted effective May 13, 1988;
amended effective January 1, 2009.)

b. ATTORNEY FEES IN JUDGMENTS ISSUED BY THE CLERK OF THE COURT
Except in open book accounts, in unlimited civil matters where the Clerk of the
Court may issue a Judgment, attorney fees shall be calculated using the schedule
set forth in subsection (d).
(Subd (b) amended effective January 1, 2009; adopted effective May 13, 1988.)

c. REQUEST FOR FEES IN EXCESS OF SCHEDULED FEES
Any attorney seeking fees in excess of those provided for in subsection (d) shall
be required to apply for a hearing on the Default Calendar and supply an affidavit
in accordance with Code of Civil Procedure section 585.
(Subd (c) amended effective January 1, 2009; adopted effective May 13, 1988.)

d. SCHEDULE OF ATTORNEY FEES
Attorney fees shall be calculated using the following formula:

25% of the first $1,000 (with a minimum of $150)
20% of the next $4,000
15% of the next $5,000
10% of the next $10,000
5% of the next $30,000
2% over $50,000

An example of this calculation appears in Appendix A to Rule 9.
(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.)

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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.)

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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:

Amount Fees
$1.00 to $600.00 $150.00
$600.00 to $1,000.00 $150.00 plus 25% of amount over $600.00
$1,000.00 to $10,000.00 $250.00 plus 15% of amount over $1,000.00
$10,000.00 to $25,000.00 $1,600.00 plus 10% of amount over $10,000.00
(Subd. (a) amended effective January 1, 2012.)

b. MAXIMUM ALLOWABLE ATTORNEY FEES IN OPEN BOOK ACCOUNTS
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.)

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

APPENDIX 9-A

Example of Attorney Fee Calculation per Rule 9.1:

Demand of Complaint - $54,000.00

1. 25% of the first $1,000 = $250.00 (the minimum fee of $150 would apply if the amount of the demand was under $1,000) Subtract $1,000 from the total demand of the complaint - $54,000 - $1,000 = $53,000

2. 20% of the next $4,000 = $800 Subtract $4,000 from the remaining balance - $53,000 = $4,000 = $49,000

3. 15% of the next $5,000 = $750 Subtract $5,000 from the remaining balance - $49,000 - $5,000 = $44,000

4. 10% of the next $10,000 = $1,000 Subtract $10,000 from the remaining balance - $44,000 = $10,000 = $34,000

5. 5% of the next $30,000 = $1,500 Subtract $30,000 from the remaining balance - $34,000 = $30,000 = $4,000

6. 2% over $50,000 (this percent should be calculated on any remaining amount, in this instance $4,000) – 2% of $4,000 = $80

Total attorney’s fees: $4,380

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Rule 10 – Administration

10.1 EXECUTIVE OFFICER

A majority of the judges of the court may appoint a court executive officer pursuant to section 71620 of the Government Code who also acts as jury commissioner and clerk of the court. Any reference in these rules, the California Rules of Court, or statutes, to the executive officer, clerk of the court or jury commissioners refers to the executive officer, who functions in each of these capacities.

The powers, duties and responsibilities transferred from the county clerk to the court executive officer pursuant to this rule include all of those performed by the county clerk with respect to court sections, proceedings and records.

The county clerk is hereby relieved of any obligation imposed by law with respect to the above powers, duties and responsibilities. This rule does not transfer from the county clerk to the court executive officer obligations in reference to the issuance of marriage licenses or the filing of fictitious business names.

(Rule 10.1 amended effective January 1, 2010; adopted effective July 1, 1988.)

10.2 RESERVATION OF GOVERNMENT CODE 71620 POWERS

The Court reserves the power to delegate to the Court Executive Officer any other functions, duties and responsibilities relating to the operation of the court not otherwise specifically set forth in this chapter, as provided for by Government Code 71620.

(Rule 10.2 amended and renumbered effective January 1, 2010; adopted as Rule 10.4 effective January 1, 1991; former Rule 10.2, which concerned transfer of staff, repealed effective January 1, 2010.)

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Rule 11 – Jury Management

11.1 – 11.99 [Reserved]

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Rule 12 – Mental Health Conservatorships (LPS)

12.1 – 12.99 [Reserved]

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Rule 13 – Appeals

13.1 FEE WAIVER APPLICATIONS FOR MATTERS BEING APPEALED TO THE COURT OF APPEAL

a. FEE WAIVER REQUEST PROCEDURE GENERALLY
Where a party appealing a matter seeks a waiver of court fees and costs from the
Superior Court of California, County of Solano as well as from the First District
Court of Appeal and a fee waiver request has not been filed directly with the First
District Court of Appeal, the party shall submit two separate Request to Waive
Court Fees forms (Judicial Council form FW-001) to the Clerk of the Superior
Court. One form shall be directed to the superior court and the other form shall
be directed to the First District Court of Appeal.
(Subd (a) adopted effective January 1, 2010.)

b. PROCEDURE FOR WAIVING FEES AT THE SUPERIOR COURT
The request to waive fees on appeal at the superior court level shall be processed
and determined per Government Code section 68630 et seq.
(Subd (b) adopted effective January 1, 2010.)

c. PROCEDURE FOR WAIVING FEES AT THE COURT OF APPEAL
The superior court shall receive and transmit to the First District Court of Appeal
for filing, processing and determination any fee waiver which seeks to waive fees
charged by the First District Court of Appeal. The superior court’s acceptance of
the FW-001 form on behalf of the Court of Appeal shall not be deemed a “filing”
for purposes of Government Code section 68634.5, subdivision (f).
(Subd (c) adopted effective January 1, 2010.)

(Rule 13.1 adopted effective January 1, 2010.)

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Rule 14 – Unlawful Detainer

14.1 TELEPHONIC APPEARANCES

Telephonic appearances in unlawful detainer cases will be permitted only to the extent authorized by California Rules of Court, rule 3.670, and in the manner required by that rule and Solano County Local Rules, rule 4.12(h).

(Rule 14.1 amended effective January 1, 2010; adopted effective January 1, 2009.)

14.2 TRIAL MANAGEMENT

The court may, in its discretion, order the parties to an unlawful detainer matter to participate in a trial management conference and/or settlement conference in cases where the case is to be tried by a jury.

(Rule 14.2 adopted effective January 1, 2010.)

14.3 ATTORNEY FEES IN DEFAULT MATTERS

a. CASES FILED AS LIMITED CIVIL MATTERS
In default unlawful detainer actions filed as limited civil matters, the attorney fees
are fixed upon the schedule set forth in subsection (c), based on principal only,
with a minimum of $300.00. The maximum fee shall not exceed the court's
jurisdiction. Any attorney seeking fees in an unlawful detainer action in excess of
those provided for by the schedule in subsection (c) is required to apply for a
hearing on the Default Calendar or supply an affidavit in accordance with Code of
Civil Procedure section 585(d).
(Subd (a) amended effective January 1, 2012; previously adopted as unlettered
portion of Rule 9.1 effective May 13, 1988; amended and relettered as Subd (d)
of Rule 9.1 effective January 1, 2009; adopted as subd (a) effective January 1,
2010.)

b. CASES FILED AS UNLIMITED CIVIL MATTERS
In default unlawful detainer actions filed as unlimited civil matters, the attorney
fees are fixed upon the schedule set forth in subsection (c), based on principal
only, with a minimum of $300.00. Any attorney seeking fees in an unlawful
detainer action in excess of those provided for by the schedule in subsection (c) is
required 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.)

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c. SCHEDULE OF ATTORNEY FEES
Attorney fees in unlawful detainer actions shall be calculated as follows:

25% of the first $1,000, with a minimum of $300
15% of the next $9,000
10% of the next $15,000
(Subd (c) adopted effective January 1, 2010.)

(Rule 14.3 amended effective January 1, 2012; adopted effective January 1, 2010.)

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Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships

15.1 APPLICABILITY OF GUARDIANSHIP RULES; TERMINOLOGY; DIRECT CALENDARING

a. APPLICABILITY
These guardianship rules apply to all guardianships of the person, the estate, or
both, which are filed pursuant to the Probate Code. These guardianship rules do
not apply to guardianships under the Welfare and Institutions Code.
(Subd (a) amended effective January 1, 2013; adopted effective July 1, 2009;
amended effective January 1, 2012.)

b. TERMINOLOGY
Unless otherwise indicated in a particular rule, all references to a “ward” shall
include a proposed ward and references to a “guardian” shall include a proposed
guardian.
(Subd (b) relettered effective January 1, 2013; adopted as subd (c) effective July
1, 2009; previous subd (b) repealed effective January 1, 2013.)

c. DIRECT CALENDARING
When a guardianship or conservatorship case is filed, or received and filed as a
transfer from another county, the Clerk of the Court shall assign the case in a
manner directed by and subject to the approval of the Supervising Judge of the
Family Law Division. The assignment to a judge shall be deemed to be for all
purposes.
(Subd (c) relettered effective January 1, 2013; adopted as subd (d) effective
January 1, 2012.)

(Rule 15.1 amended effective January 1, 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
In addition to any required Judicial Council forms, a petitioner seeking the
appointment of a guardian of the person only must file the following local forms
with the clerk of the court:

(1) Declaration Regarding Venue, or a declaration contained within the
petition that is in substantial compliance with rule 15.2(c);

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(2) Court Investigator’s Information and Referral Form; and,

(3) Order Appointing Investigator.

(Subd (a) amended effective January 1, 2013; adopted effective July 1, 2009.)

b. FORMS AND DECLARATIONS FOR GENERAL GUARDIANSHIP OF THE PERSON AND
THE ESTATE OR OF THE ESTATE ONLY
In addition to any required Judicial Council forms, a petitioner seeking the
appointment of a guardian of the person and the estate, or of the estate only, must
file the following local forms and declarations with the clerk of the court:

(1) Declaration Regarding Venue, or a declaration contained within the
petition that is in substantial compliance with rule 15.2(c);

(2) Preliminary Inventory of Guardianship Estate;

(3) Court Investigator’s Information and Referral Form; and,

(4) Order Appointing Investigator.

(Subd (b) amended effective January 1, 2013; adopted effective July 1, 2009.)

c. DECLARATION REGARDING VENUE

(1) Proposed Wards who are Residents of California
In order to ensure compliance with Probate Code section 2200 et seq., in
all petitions for guardianship of the person and/or the estate where the
proposed ward is a resident of the State of California, the petitioner shall
include a declaration indicating whether the proposed ward is a resident of
Solano County at the time the petition is filed. If the proposed ward is not
a resident of Solano County, the declaration shall state why it is in the
proposed ward’s best interests to have the guardianship proceeding heard
in Solano County. The declaration may be filed on a local form
designated for that purpose or in a declaration in substantial compliance
with this rule, or may be included in the body of the petition for
guardianship.
(Subd (1) amended effective January 1, 2013; adopted effective July 1,
2009.)

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(2) Proposed Wards who are Not Residents of California –
Guardianships of the Person
In order to ensure compliance with Probate Code section 2200 et seq., in
all petitions for guardianship of the person where the proposed ward is not
a resident of the State of California, the petitioner shall include a
declaration indicating whether the proposed ward is temporarily living in
Solano County at the time the petition is filed. If the proposed ward is not
temporarily living in Solano County, the declaration shall state why it is in
the proposed ward’s best interests to have the guardianship proceeding
heard in Solano County. The declaration may be filed on a local form
designated for that purpose or in a declaration in substantial compliance
with this rule, or may be included in the body of the petition for
guardianship.
(Subd (2) amended effective January 1, 2013; adopted effective July 1,
2009.)

(3) Proposed Wards who are Not Residents of California –
Guardianships of the Estate
In order to ensure compliance with Probate Code section 2200 et seq., in
all petitions for guardianship of the estate where the proposed ward is not
a resident of the State of California, the petitioner shall include a
declaration indicating whether the proposed ward is temporarily living in
Solano County at the time the petition is filed or whether the proposed
ward has property in Solano County. If the proposed ward is not
temporarily living in Solano County and does not have property in Solano
County, the declaration shall state why it is in the proposed ward’s best
interests to have the guardianship proceeding heard in Solano County. The
declaration may be filed on a local form designated for that purpose or in a
declaration in substantial compliance with this rule, or may be included in
the body of the petition for guardianship.
(Subd (3) amended effective January 1, 2013; adopted effective July 1,
2009.)
(Subd (c) relettered and amended effective January 1, 2013; adopted as subd (e)
effective July 1, 2009; prior subd (c) repealed effective January 1, 2013.)

d. FORMS FOR TEMPORARY GUARDIANSHIP OF THE PERSON AND/OR THE ESTATE
[Repealed]
(Subd (d) repealed effective January 1, 2013; adopted effective July 1, 2009.)

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(Rule 15.2 amended effective January 1, 2013; previously adopted as Rule 7.53 effective July 1, 2008; adopted effective July 1, 2009.)

15.3 NOTICE

a. ADDRESSES FOR SOLANO COUNTY AGENCIES ENTITLED TO NOTICE

The addresses for the Solano County Superior Court Investigator, the Director of
Social Services, and the Solano County Health and Social Services Department
are listed in Appendix 15-A.
(Subd (a) amended and relettered effective January 1, 2013; adopted as subd (b)
effective July 1, 2009; previous subd (a) repealed effective January 1, 2013.)

b. DECLARATION OF DUE DILIGENCE
If a petitioner cannot serve or locate a person for whom notice is required, the
petitioner shall file a local form designated for that purpose or a substantially
equivalent declaration which complies with this rule. The declaration must
specify the name of the person whose whereabouts are unknown, the last known
address of the person, the approximate date when the person was last known to
reside at that address, all efforts undertaken to identify and serve or locate the
person, and any facts that explain why the person cannot be located. To the extent
appropriate, the petitioner shall make the following efforts and state the results in
the declaration:
(1) Search the public records in any county where the person was last known
or believed to reside, including real and personal property indexes in the
recorder’s and assessor’s offices, the local telephone directory and
directory assistance, the county’s voter registration, the county’s vital
statistics office, and any non-confidential court files concerning or
involving the person;
(2) Search all appropriate Internet search engines;
(3) Inquiry of the person’s current or former employer(s);
(4) Inquiry of the person’s current or former landlord(s) and neighbors;
(5) Inquiry of the person’s last known residential address and any neighbors
of that address;
(6) Inquiry of any relatives, friends, or other individuals who might have
knowledge of the person’s whereabouts; and,
(7) Inquiry of any appropriate county, state, and federal correctional systems
in which the petitioner believes or has reason to believe the person is or
may be incarcerated.

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(Subd (b) amended and relettered effective January 1, 2013; adopted as subd (f)
adopted effective July 1, 2009.)

c. DOCUMENTS TO BE SERVED [Repealed]
(Subd (c) repealed effective January 1, 2013; adopted effective July 1, 2009.)

d. PROOF OF PERSONAL SERVICE [Repealed]
(Subd (d) repealed effective January 1, 2013; adopted effective July 1, 2009.)

e. PROOF OF SERVICE BY MAIL [Repealed]
(Subd (e) repealed effective January 1, 2013; adopted effective July 1, 2009.)

g. ORDER DISPENSING WITH NOTICE [Repealed]
(Subd (g) repealed effective January 1, 2013; adopted effective July 1, 2009.)

h. NOTICE IN TEMPORARY GUARDIANSHIPS [Repealed]
(Subd (h) repealed effective January 1, 2013; adopted effective July 1, 2008.)

(Rule 15.3 amended effective January 1, 2013; previously adopted as Rule 7.52 effective
July 1, 1989; adopted effective July 1, 2009.)

15.4 APPOINTMENT OF INVESTIGATOR

a. APPOINTMENT OF INVESTIGATOR IN RELATIVE GUARDIANSHIPS
The court shall appoint the Court Investigators Office to perform an investigation
pursuant to Probate Code section 1513 where the proposed guardian is a relative
of the ward within the second degree. For purposes of this rule, a person shall be
considered a relative within the second degree if they are related to the ward as
described in Probate Code section 1513, subdivision (g).
(Subd (a) adopted effective July 1, 2009.)

b. APPOINTMENT OF INVESTIGATOR IN NON-RELATIVE GUARDIANSHIPS
In all probate guardianship matters where the proposed guardian is not a relative
of the ward within the second degree as defined by Probate Code section 1513,
subdivision (g), the court shall appoint the Solano County Department of Health
& Social Services to perform an investigation pursuant to Probate Code sections
1513 and 1543.
(Subd (b) adopted effective July 1, 2009.)

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c. SERVICE OF DOCUMENTS ON INVESTIGATOR – RELATIVE GUARDIANSHIPS
In guardianship proceedings where the court has appointed the Court Investigators
Office, the petitioner or the petitioner's attorney must serve the Court
Investigators Office with a copy of the following documents at least thirty (30)
days prior to the hearing date:

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

(2) A copy of the Petition for Guardianship (Judicial Council form GC-210 or
GC-210(P)); and

(3) A completed Court Investigator's Information and Referral Form (Solano
County Local Form no. 3490)

The documents shall be delivered or mailed to the address listed in Appendix 15 -
A.
(Subd (c) amended effective January 1, 2013; adopted effective July 1, 2009.)

d. SERVICE OF DOCUMENTS ON INVESTIGATOR – NON-RELATIVE GUARDIANSHIPS
In guardianship proceedings where the court has appointed the Solano County
Department of Health & Social Services (“Department”) to investigate the
guardianship petition, the petitioner or the petitioner's attorney must serve the
Department with a copy of the following documents thirty (30) days prior to the
hearing date:

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

(2) A copy of the Petition for Guardianship (Judicial Council form GC-210 or
GC-210(P)); and,

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

The documents shall be delivered or mailed to the address listed in
Appendix 15-A.
(Subd (d) amended effective January 1, 2013; adopted July 1, 2009.)

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

f. DUTY TO COOPERATE WITH INVESTIGATOR
All parties, including, but not limited to, the petitioner, the proposed or appointed
guardian, the parent(s) of the ward, and any attorneys for the parties, including
appointed counsel for the ward or proposed ward, are to cooperate fully with the
appointed investigator. Failure to cooperate may be punishable with sanctions
pursuant to Code of Civil Procedure, section 575.2, in the court’s discretion.
(Subd (f) amended effective January 1, 2013; adopted effective July 1, 2009.)

g. SERVICE OF SUBPOENA ON COURT INVESTIGATOR
Any subpoena to compel a court investigator’s presence at a hearing or trial must
be served in compliance with Government Code sections 68097.1 and 68097.2.
Said subpoena shall be served personally on the court investigator, on the Court
Executive Officer, or an agent designated by the Court Executive Officer, during
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 or service deemed complete.

In order to give the court investigator reasonable time for preparation, the
subpoenaing party shall serve the subpoena a minimum of 10 court days prior to
the first date the court investigator is to appear at the hearing or trial, unless the
court investigator agrees to a shorter period of time.
(Subd (g) amended effective January 1, 2013; adopted effective January 1, 2012.)

(Rule 15.4 amended effective January 1, 2013; adopted as Rule 7.55 effective July 1,
2008; adopted as Rule 15.4 effective July 1, 2009; amended effective January 1, 2012.)

15.5 COURT INVESTIGATOR FEES

a. COURT INVESTIGATOR FEES GENERALLY
A fee for the services of the Court Investigators Office shall be imposed upon the
person(s) so responsible for payment per Probate Code section 1513.1. The rate
of this fee depends on the nature of the investigation and is determined by the
court on an annual basis. All rates are subject to change. The amount of the fee

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payable shall be determined by the fee schedule in effect on the date the petition
triggering the investigation is filed, the date the accounting being reviewed is
filed, or the due date of any reviews mandated by law. A list of current fees is
available from the Court Investigators Office or the Family Law Clerk’s Office.
(Subd (a) amended effective January 1, 2013; adopted effective July 1, 2009;
amended effective January 1, 2010.)

b. PAYMENT OF COURT INVESTIGATOR FEES
Any and all assessments not waived by the court or county shall be paid to the
court.

If an investigation is required because a petition has been filed, the investigation
shall not be undertaken unless and until the applicable investigation fee is paid,
unless otherwise ordered by the court. This includes, but is not limited to,
investigations necessitated by a petition for appointment of a temporary guardian,
appointment of a guardian, removal of a guardian, or termination of a
guardianship.

For other court investigator services not triggered by the filing of a petition but
still required by law or court order, the assessed fee is payable within 30 days
after the Assessment and Order for Payment is mailed by the court. This includes,
but is not limited to, investigations necessitated by the mandatory periodic
reviews in guardianships.
(Subd (b) amended effective January 1, 2013; adopted effective July 1, 2009.)

c. DEFERMENT OR WAIVER OF COURT INVESTIGATOR FEES
Upon application by a guardian, a parent, or a ward, the court may defer or waive
a portion or all of the assessed court investigator fees if the court finds that
ordering payment of the assessed fees would constitute a hardship for the ward or
the ward’s estate pursuant to Probate Code section 1513.1. The court may also
defer fees pursuant to Probate Code section 2628. There shall be a rebuttable
presumption that the assessed court investigator fees constitute a hardship on a
ward or proposed ward if the proposed guardian qualifies for a fee waiver under
Government Code section 68630 et seq.

The court may periodically review the person’s ability to pay the assessed fee. If
the court becomes aware of a change in circumstances permitting payment of the
fees by the person, the court shall order the fees paid after notice to the person and
an opportunity to be heard.

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(Subd (c) amended effective January 1, 2013; adopted effective July 1, 2009.)

(Rule 15.5 amended effective January 1, 2013; previously adopted as Rule 7.54 effective July 1, 1989; previously renumbered as Rule 7.56 effective July 1, 2008; previously readopted as Rule 15.5 effective July 1, 2009; amended effective January 1, 2010.)

15.6 TEMPORARY GUARDIANSHIPS

a. SETTING HEARING ON TEMPORARY GUARDIANSHIPS
Unless otherwise ordered by the court, hearings on temporary guardianships shall
normally be set six to eight court days from the date the petition for a temporary
guardianship is filed.
(Subd (a) adopted effective January 1, 2013; previous subd (a) adopted effective
July 1, 2009; previous subd (a) repealed effective January 1, 2013.)

b. EX PARTE APPLICATIONS FOR ORDERS WAIVING OR SHORTENING NOTICE, OR
MODIFYING THE METHOD OF NOTICE
In addition to the Judicial Council and local forms required for temporary
guardianships, a petitioner seeking an ex parte order waiving or shortening notice
or modifying the method of notice of the hearing on the temporary guardianship
shall be required to file an Ex Parte Application to Waive or Shorten Notice of
Hearing on Temporary Guardianship or Conservatorship (Solano County Local
Form no. 3710).

The emergency order procedure set forth in Local Rule 5.4 shall apply to all
applications to waive or shorten notice, or to modify the method of notice, filed in
guardianships.
(Subd (b) adopted effective January 1, 2013; previous subd (b) repealed effective
January 1, 2013.)

(Rule 15.6 amended effective January 1, 2013; adopted as Rule 7.57 effective July 1,
2008; adopted effective July 1, 2009.)

15.7 EX PARTE APPLICATIONS FOR TEMPORARY GUARDIANSHIP OR OTHER TEMPORARY ORDERS [Repealed]

(Rule 15.7 repealed effective January 1, 2013; adopted as Rule 7.55 effective July 1988; renumbered as Rule 7.58 effective July 1, 2008; adopted as Rule 15.7 effective July 1, 2009.)

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Rule 15 – Guardianships and Conservatorships

PART ONE: Guardianships a. OBJECTIONS TO THE APPOINTMENT OF GUARDIAN
A person objecting to the appointment of a temporary or general guardian of the
person and/or estate are strongly encouraged to file and serve their objection on a
local form designated for that purpose as far in advance as possible of the
appropriate guardianship hearing date. 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 written objection and
complying with the service requirements in this rule.
(Subd (a) relettered and amended effective January 1, 2013; adopted as subd (b)
effective July 1, 2009; previous subd (a) repealed effective January 1, 2013.)

b. OBJECTOR’S NOMINATION OF ALTERNATE GUARDIAN
A person’s nomination of an alternate guardian for a proposed ward 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 rule is
subject to the same service and notice requirements as the original petition for
guardianship.
(Subd (b) amended and relettered effective January 1, 2013; adopted as subd (c)
effective July 1, 2009.)

(Rule 15.8 amended effective January 1, 2013; adopted as Rule 7.56 effective July 1,
1988; renumbered as Rule 7.59 effective July 1, 2008; adopted as Rule 15.8 effective July
1, 2009.)

15.9 ORDERS FOR VISITATION IN GUARDIANSHIPS

a. REQUEST FOR VISITATION ORDERS
A person seeking orders granting that person visitation with a ward shall file a
petition seeking visitation orders. The petition may be filed in pleading format or
may be filed on a Request for Order form (Judicial Council form FL-300). No
filing fee shall be charged for the Request for Order if it is filed in a guardianship
of the person only. (Gov. C. 70657(e).) Unless otherwise ordered by the court

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upon proper application, the person shall provide notice of his or her petition as
required by Probate Code section 1511.
(Subd (a) amended effective January 1, 2013; adopted effective July 1, 2009.)

b. DOCUMENTS TO BE SERVED
A person 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 or by order of the court:

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

(2) Notice of Hearing – Guardianship or Conservatorship (Judicial Council
form GC-020).
(Subd (b) amended effective January 1, 2013; adopted effective July 1, 2009.)

c. PROOFS OF SERVICE; DECLARATIONS OF DUE DILIGENCE
A person requesting visitation shall file one or more proofs of service
demonstrating that all persons entitled to notice have been served as required. A
person who cannot locate or provide notice to a particular individual shall file a
declaration with the court explaining the person’s efforts to locate the individual.
(Subd (c) amended effective January 1, 2013; 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 5.20.
(Subd (d) amended effective January 1, 2013; 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.)

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(Rule 15.9 amended effective January 1, 2013; adopted as Rule 7.60 effective July 1, 2008; adopted as Rule 15.9 effective July 1, 2009.)

15.10 GUARDIANSHIPS OF THE ESTATE

a. INVENTORIES AND APPRAISALS
In order to ensure compliance with the guardian’s obligation to file an inventory
and appraisal, the court will ordinarily set a review hearing to take place four (4)
months after the date of appointment of a guardian of the estate or a guardian of
the person and estate. The date of the initial compliance review hearing shall be
listed as part of the order appointing the guardian. For good cause shown, the
court may dispense with setting this review hearing.

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
concerning that inventory and appraisal. The guardian shall 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.

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 (a) amended effective January 1, 2013; adopted effective July 1, 2009.)

b. ACCOUNTINGS
In order to ensure compliance with the guardian’s obligation to file an accounting,
the court will ordinarily set a review hearing to take place fifteen (15) months
after the date of appointment of a guardian of the estate or a guardian of the
person and estate. The date of the compliance review hearing shall be listed as
part of the order appointing the guardian. For good cause shown, the court may
dispense with setting this review hearing in individual cases. The court may set
additional review hearings as needed for the initial and any subsequent accounts.

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The guardian shall file the accounting at least thirty (30) days prior to the date of
the review hearing concerning that accounting. The guardian shall serve an exact
copy of the accounting on the Court Investigators Office, if the accounting is in a
relative guardianship of the estate, or on the Solano County Department of Health
& Social Services, if the accounting is in a non-relative guardianship of the estate.
Absent a court order to the contrary, any subsequent accountings shall likewise be
filed and served at least 30 days prior to any subsequent compliance review
hearings.
(Subd (b) adopted effective January 1, 2013; previous subd (b) repealed effective
January 1, 2013.)

c. INVESTMENTS
If a request for special notice has not been filed, a petition seeking court
authorization to invest may be heard without notice. The emergency order
procedure set out in Local Rule 5.4 shall apply.
(Subd (c) amended effective January 1, 2013; adopted effective July 1, 2009.)

(Rule 15.10 amended effective January 1, 2013; adopted as Rule 7.59 effective July 1,
1992; renumbered as Rule 7.61 effective July 1, 2008; adopted as Rule 15.10 effective
July 1, 2009.)

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PART ONE: Guardianships a. ANNUAL STATUS REPORT
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.
(Subd (a) relettered effective January 1, 2013.)

(Rule 15.11 renumbered effective January 1, 2013; adopted as Rule 15.17 effective
January 1, 2010; previous Rule 15.11 repealed effective January 1, 2013.)

15.12 ALLOWANCE OF FEES IN GUARDIANSHIP PROCEEDINGS [Repealed]

(Rule 15.12 repealed effective January 1, 2013; adopted as Rule 7.63 effective July 1, 1989; adopted as Rule 15.12 effective July 1, 2009.)

15.13 INVESTMENTS BY GUARDIAN OF THE ESTATE [Repealed]

(Rule 15.13 repealed effective January 1, 2013; adopted as Rule 7.64 effective July 1, 1988; adopted as Rule 15.13 effective July 1, 2009.)

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

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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. 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.)

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b. NOTICE OF THE PETITION TO TERMINATE
In addition to complying with the service and notice requirements set by law, a
person filing a petition to terminate the guardianship shall also serve a copy of
the petition and the Notice of Hearing 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) amended effective January 1, 2013; adopted effective July 1, 2009.)

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 amended effective January 1, 2013; adopted as Rule 7.81 effective July 1,
1988; renumbered as Rule 7.66 effective July 1, 2008; adopted as Rule 15.15 effective
July 1, 2009.)

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 [REPEALED]

(Rule 15.17 repealed effective January 1, 2013; adopted effective January 1, 2010.)

15.18 – 15.49 [RESERVED]

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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.)

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(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.)

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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.

In order to give the court investigator reasonable time for preparation, the
subpoenaing party shall serve the subpoena a minimum of 10 court days prior to
the first date the court investigator is to appear at the hearing or trial, unless the
court investigator agrees to a shorter period of time.
(Subd (f) adopted effective January 1, 2012.)

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(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.)

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(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.)

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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

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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:
(1) Search the public records in any county where the person was last known
or believed to reside, including real and personal property indexes in the
recorder’s and assessor’s offices, the local telephone directory and
directory assistance, the county’s voter registration, the county’s vital
statistics office, and any non-confidential court files concerning or
involving the person;
(2) Search all appropriate Internet search engines;
(3) Inquiry of the person’s current or former employer(s);
(4) Inquiry of the person’s current or former landlord(s) and neighbors;
(5) Inquiry of the person’s last known residential address and any neighbors
of that address;

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

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

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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.)

15.59 CONSERVATORSHIP ACCOUNTINGS

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

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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.
(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

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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;
(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.)

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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.

(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:

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(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.)

15.63 TERMINATION OF CONSERVATORSHIP

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.)

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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.)

15.65 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.)

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15.67 – 15.99 [RESERVED]

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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.

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APPENDIX

Appendix 15-A: Service Addresses for Guardianships (Revised effective January 1, 2013)

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APPENDIX

APPENDIX 15-A: SERVICE ADDRESSES FOR GUARDIANSHIPS Revised effective January 1, 2013

For Relative Guardianships:

Court Investigators Office Superior Court of California, County of Solano 600 Union Avenue Fairfield, CA 94533

For Non-Relative Guardianships:

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

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