Fresno — Civil Standing Order Re: Case Management Conferences

Source: https://www.fresno.courts.ca.gov/_pdfs/forms/CMC_standing_order_2007.pdf

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7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO

8 CIVIL DIVISION

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10 Standing Order Regarding the ) Standing Order No. 07-0628
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11 Civil Division of the Superior )
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12 Court of California, County of )
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13 Fresno )
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16 This standing order addresses the method by which the court

17 manages the processing, progress and disposition of civil cases.

18 The Superior Court seeks to improve the method by which the court

19 manages the progress and disposition of civil cases. The court

20 finds that the following procedures will further this goal. This

21 rule applies to all general civil cases as defined by California

22 Rules of Court, rule 1.6 filed after January 1, 2006.

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24 Case Management Conferences

25 With the substitution of Case Management Conferences (CMC)

26 for Status Conferences on the Trial Court Delay Calendar (TCD),

27 litigants will no longer have to file status hearing declarations

28 or at issue memoranda. The CMC’s will not require CMC Statements

COUNTY OF FRESNO Fresno, CA

1 to be filed and served. No tentative rulings will be issued. In

2 addition, while trial dates will generally be assigned at an

3 earlier stage than before--at 4 months after the action is filed,

4 rather than at 6 months (deadline for filing at issue memorandum)-

5 -the parties will now receive more notice of the trial date (at

6 least 7 months’ notice instead of historical 3 to 6 months’

7 notice).

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9 If complaints are timely served and appearances timely made,

10 a brief CMC appearance will typically result in the assignment of

11 a trial date and, in many cases, an order of mediation.

12 Plaintiffs are still required to comply with the California Rules

13 of Court requiring service of the complaint within 60 days of

14 filing. Defendants are still expected to file their appearances

15 within 30 days of service. The court is still obligated to

16 enforce the “fast track” timelines contained in the California

17 Rules of Court.

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19 If all named parties to the complaint have filed an

20 appearance, the case shall be deemed “at issue,” notwithstanding

21 any cross-complaint that is not at issue, and a trial date shall

22 be assigned at the CMC in accordance with Local Rule 2.1.10.

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24 Those parties who have filed an appearance but do not appear

25 at the CMC will be deemed to have waived their right to a jury

26 trial.

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28 Those parties who have filed an appearance but do not appear

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1 at the CMC will be deemed to have consented to any orders made at

2 the CMC, including but not limited to: order setting the date for

3 trial, order that case be a nonjury trial, order for mediation,

4 assignment of case to Plan 2 or Plan 3, designation of case as

5 Complex, a discovery or motion scheduling order, dismissal of

6 unserved defendants or cross-defendants.

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8 Those parties who have filed an appearance but do not appear

9 at the CMC will be subject to sanctions at an OSC (Order to Show

10 Cause) hearing set by the court. A personal appearance will be

11 required at the OSC hearing. Court staff is authorized to issue

12 an OSC to those parties who have filed an appearance but do not

13 appear at the CMC.

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15 If all named parties to the complaint have filed an

16 appearance and no parties appear at the CMC, a one-day, nonjury

17 trial date will be assigned in accordance with Local Rule 2.1.10

18 and those not appearing at the CMC may be subject to sanctions at

19 an OSC hearing set by the court. A personal appearance will be

20 required at the OSC hearing. Court staff is authorized to issue

21 an OSC to those parties who have filed an appearance but do not

22 appear at the CMC.

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24 If all named parties to the complaint have not been served

25 with the summons, complaint and Notice of CMC by plaintiff in

26 accordance with Local Rules 2.1.4 and 2.1.5, and no extension of

27 time to serve said documents has been ordered by the court

28 pursuant to Local Rule 2.1.6, plaintiff will be subject to

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1 sanctions at an OSC hearing set by the court. Court staff is

2 authorized to issue an OSC to plaintiff(s) for failure to serve

3 all defendants as set out above.

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5 If the time for defendant(s) to respond has elapsed and no

6 extension of time to file responsive pleadings has been ordered by

7 the court pursuant to Local Rule 2.1.6, and no request for entry

8 of default and/or default judgment has been filed, plaintiff will

9 be required to appear at an OSC hearing set by the court. Court

10 staff is authorized to issue an OSC to plaintiff(s) for failure to

11 request entry of default and/or default judgment.

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13 If a complaint is designated as “uninsured motorist,” either

14 prior to or at the CMC, the date for the CMC shall be continued

15 180 days. (CRC, rule 3.712, subd. (b)). A complaint may be

16 designated as “uninsured motorist” by typing the words “uninsured

17 motorist” on the complaint directly below the title of the

18 document, by filing a declaration, or by the clerk at the CMC

19 upon oral declaration by the plaintiff.

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21 Alternative Dispute Resolution

22 All parties must engage in some form of Alternative Dispute

23 Resolution (ADR), such as mediation. This ADR must be completed

24 prior to the Mandatory Settlement Conference. Failure to do so

25 may result in the court imposing sanctions, unless excused by the

26 court upon a timely showing of good cause by written declaration.

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1 If all named parties to the complaint have filed an

2 appearance, the parties shall confer prior to the CMC and file an

3 Alternative Dispute Resolution Stipulation, on a form designated

4 by the court, at least ten (10) court days prior to the CMC.

5 Parties who fail to file the ADR Stipulation may be subject to

6 sanctions at an OSC hearing set by the court. Court staff is

7 authorized to issue an OSC to any party that fails to timely file

8 an ADR stipulation.

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10 At least ten (10) court days prior to the Mandatory

11 Settlement Conference, the parties shall file an Alternative

12 Dispute Resolution Report on a form designated by the court.

13 Parties who fail to file the ADR Report may be subject to

14 sanctions at an OSC hearing held on the same date as the Trial

15 Readiness hearing, or as otherwise set by the court. Court staff

16 is authorized to issue an OSC to any party that fails to timely

17 file an ADR report.

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19 Collection Cases

20 California Rules of Court, rule 3.740 exempts collection

21 cases from the previous time-for-service requirements and case

22 management rules. “Collections case” means an action for recovery

23 of money owed in a sum stated to be certain that is not more than

24 $25,000, exclusive of interest and attorney fees, arising from a

25 transaction in which property, services, or money was acquired on

26 credit. A collections case does not include an action seeking any

27 of the following:

28 (1) Tort damages;

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1 (2) Punitive damages;

2 (3) Recovery of real property;

3 (4) Recovery of personal property; or

4 (5) A prejudgment writ of attachment.

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6 If a case meets the definition set out in rule 3.740, subd.

7 (a), a plaintiff must check the case type box on the Civil Case

8 Cover Sheet (form CM–010) to indicate that the case is a

9 collections case under rule 3.740.

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11 When a collection case is filed, a Collection Case Review

12 (CCR) hearing will be set at least 180 days from the date of

13 filing the complaint. The complaint must be served on all named

14 defendants, and proofs of service on those defendants must be

15 filed, or the plaintiff must obtain an order for publication of

16 the summons, within 180 days after the filing of the complaint.

17 The plaintiff must also file a Collection Case Status

18 Declaration/Request for Case Management form with the court

19 before the CCR hearing. If these requirements are met the court

20 will vacate the CCR hearing, set an OSC hearing no sooner than

21 360 days after the filing of the complaint and issue an OSC.

22 Court staff is authorized to issue the OSC.

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24 If the proof(s) of service are not filed or an order for

25 publication has not been obtained within 180 days after the

26 filing of the complaint, the plaintiff(s) must attend the CCR

27 hearing, and an OSC why reasonable monetary sanctions shall not

28 be imposed will issue. Court staff is authorized to issue the

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1 OSC. The OSC hearing will be set at least 30 days from the CCR

2 hearing.

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4 If the plaintiff(s) files the proof(s) of service and/or

5 order of publication and a Collection Case Status

6 Declaration/Request for Case Management Conference form at least

7 10 court days prior to the OSC hearing, the court shall continue

8 the OSC hearing to a date no sooner than 360 days after the

9 filing of the complaint.

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11 If the plaintiff(s) files the proof(s) of service and/or

12 order of publication and a Collection Case Status

13 Declaration/Request for Case Management Conference form and

14 defendant(s) do not file responsive pleadings, the plaintiff must

15 obtain a default judgment within 360 days after the filing of the

16 complaint. If the plaintiff(s) has not obtained a default

17 judgment by that time, the court shall issue an OSC why

18 reasonable monetary sanctions should not be imposed. Court staff

19 is authorized to issue the OSC. If plaintiff(s) obtain default

20 judgment at least 10 court days prior to the OSC hearing the OSC

21 shall be vacated.

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23 If at anytime in this process the case is completely disposed

24 of by default judgment, dismissal, settlement or other means, all

25 future hearings will be vacated. Court staff is authorized to

26 vacate all future hearings.

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28 If at anytime all named parties to the complaint have filed

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1 an appearance, the case shall be deemed “at issue”. Within 10

2 court days of the last response, the parties shall file a

3 Collection Case Status Declaration/Request for Case Management

4 form informing the court that the case is ready for trial. The

5 court will, upon verifying the status of the case, vacate any

6 review hearing(s) or OSC hearing(s) and set the case for a CMC

7 for trial setting.

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9 If all parties agree on a trial date and execute and file a

10 Stipulation to Trial Setting in lieu of a CMC, and the date is

11 acceptable to the court, then the CMC will be taken off calendar

12 and no appearances will be required.

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14 Telephonic Appearance

15 Those wishing to appear at a CMC or CCR by phone may do so

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17 1. they arrange to do so through CourtCall [888 882-6878]

18 by 4pm the day before, and

19 2. the court does not order otherwise.

20 The option of appearing by phone is a matter of privilege and

21 convenience, not a right. (CRC, rule 3.670, subd. (c).)

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23 This Standing Order revokes Standing Order 06-01 and shall

24 remain in full force and effect until revoked or modified by

25 further order of the Court.

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27 DATED: June 28, 2007.

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COUNTY OF FRESNO Fresno, CA Civil Standing Order 06/28/07 -8-

1 Hon. Hilary A. Chittick 2 Presiding Judge Fresno County Superior Court 3

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