Kern — KRN SUP CRT MC-2377

Source: https://www.kern.courts.ca.gov/system/files/general/krn-sup-crt-mc-2377-notice-stip-temp-judge-ruling-ex-parte-app_0.pdf

KRN SUP CRT MC-2377

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number, and Address) FOR COURT USE ONLY
State Bar No.

TELEPHONE NO. FAX NO. (OPTIONAL)

EMAIL ADDRESS (optional)
ATTORNEY FOR (name)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:

CASE NAME:

NOTICE AND STIPULATION TO TEMPORARY JUDGE RULING ON EX PARTE Case Number MATTER I, , declare:

I am: Counsel for Moving Party Moving Party Other:

Pursuant to rule 8.4.4(d) of the Superior Court of Kern County, Local Rules, I informed all persons legally entitled to notice of this ex parte proceeding, who are listed below, that 1) a temporary judge who is a probate court research attorney and qualified member of the California State Bar may review and possibly rule on the ex parte application or petition without a hearing absent a timely objection, 2) a party has a right to have the matter assigned to a commissioner or judge; and 3) a party who does not wish to stipulate to a probate court research attorney acting as a temporary judge must contact the Probate Department clerk at (661) 610-6901 by no later than 12:00 p.m. on the second day after the ex parte application or petition is filed and state they object. If no objection is timely received, the party’s stipulation will be implied.

Any stipulation applies to review and possible decision without a hearing on the instant ex parte matter only. The stipulation does not extend to any hearing set on the ex parte application or petition or to any future proceedings.

Method of Notification and Name of Person Entitled to Date and Time Response:
Number Used Notice Notified
(telephone, in person, or other)

A dopted for Mandatory Use Local NOTICE AND STIPULATION TO TEMPORARY Page 1 of 2 Form No: KRN SUP CRT MC-2377 JUDGE RULING ON EX PARTE APPLICATION Cal. Const. Article VI, Adopted – Jan. 1, 2024 Section 21, CRC 2.816 (b) &(c); Local Rule 8.4.4

Form No. : KRN SUP CRT MC-2377

I declare under penalty of perjury under laws of the State of California that the forgoing is true and correct.

DATE

SIGN

TYPE OR PRINT NAME SIGNATURE OF FILING PARTY/DECLARANT

Questions regarding individuals appointed to serve as Temporary Judges should be directed to the Temporary Judge Administrator at Yadira.Jimenez@kern.courts.ca.gov

See Local Rule 8.4.4(d) for more information. The section applicable to this stipulation is subsection (d), which states:

(d) Stipulation to Temporary Judge: Ex parte applications and petitions assigned to the Probate Department may be heard and decided by (1) a Commissioner of the Superior Court, acting as a temporary judge pursuant to California Constitution, Article VI, §§ 21 and 22 and Code of Civil Procedure Code § 259, for All Purposes; or (2) a temporary judge, who is a probate research attorney who meets all the requirements set forth in California Rules of Court Rule 2.812 to serve as a temporary judge. Except as provided in Code of Civil Procedure § 259, subdivisions (a), (b), (c), (e), (f), and (g), parties are required to stipulate to a commissioner hearing a matter acting as a temporary judge pursuant to California Constitution, Article VI §§ 21 and 22 and Code of Civil Procedure § 259(d), and to an attorney acting as a temporary judge. If the parties subject to the ex parte application or petition have not appeared in the case before, the moving party’s filing of the ex parte application or petition will constitute their stipulation to the case being heard and decided by a temporary judge unless the moving party makes clear they object. The moving party must provide notice to the responding party or parties that a temporary judge may hear and rule on the application or petition. Such notice must be submitted with the ex parte application or petition on the form available on the court’s website. If the responding party or parties do not object, their failure to object will also constitute such a stipulation.

If all parties are consenting to an order requested in an expedited court proceeding, such consent will

be deemed to include an agreement to a temporary judge ruling on the requested order. (Effective 1/1/24)

A dopted for Mandatory Use Local DECLARATION OF NOTICE OF EX PARTE AND www.kern.courts.ca.gov Form No: KRN SUP CRT MC-2377 STIPULATION FOR TEMPORARY JUDGE Page 2 of 2 Adopted – Jan. 1, 2024 APPLICATION Cal. Const. Article VI, Section 21, CRC 2.816 (b) &(c); Local Rule 8.4.4