SUPERIOR COURT OF CALIFORNIA County of Sacramento th Street Sacramento, CA (916) Website

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1 SUPERIOR COURT OF CALIFORNIA County of Sacramento th Street Sacramento, CA (916) Website Program Information and Materials The attached materials describe the Program (CMP) in the Superior Court of California, County of Sacramento. To assist you, this packet contains a general description of the program and the required forms. You should consult and be familiar with the Court s Local Rules and the California Rules of Court. LEGISLATIVE MANDATE: As required by the Trial Court Delay Reduction Act (Government Code section et seq.) and the Program rules adopted by the Judicial Council (California Rules of Court et. seq.), the Sacramento Superior Court adopted the Program on January 1, 2004 (Local Rule 11.00). CASES INCLUDED IN THE PROGRAM: The Sacramento program applies to all civil actions, limited and unlimited, except the following excluded actions: probate, guardianship, conservatorship, family law (including civil proceedings under the Family Law Act, Uniform Parentage Act, and Uniform Child Custody Jurisdiction Act; freedom from parental custody and control proceedings; and adoption proceedings), juvenile court proceedings, small claims proceedings, unlawful detainer proceedings, cases included in petitions for coordination, petitions for a writ of mandate or prohibition, temporary restraining orders, harassment restraining orders, domestic violence restraining orders, writs of possession, appointment of a receiver, release of property from lien, change of name and such other civil petition as defined by the Judicial Branch Statistical Information Data Collection Standards. DISPOSITION OF PROGRAM CASES: The court has adopted the following guidelines for disposition of program cases: Class I: shall be concluded within 12 months of filing Class II: shall be concluded within 18 months of filing Class III: shall be concluded within 24 months of filing CV\E-133 (Rev ) Page 1 of 5

2 TIMELINES: The time period commences with the filing of the action. The Summons, Complaint and Program Case Notice must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days from the filing of the complaint. When the complaint is amended to add a defendant, the new defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint. In actions to recover damages for personal injury or wrongful death, a written statement of damages shall be served with the complaint. In actions to recover punitive damages, a written statement of punitive damages shall also be served with the complaint, except in those actions in which leave of court to assert punitive damages must be first obtained. SERVICE AND RESPONSIVE PLEADINGS: No later than 75 days after the action was filed, the plaintiff must file a Certificate of Service (Local Form CV\E-128), certifying that all named defendants have either been served or made general appearances, or submit an Ex Parte Application for Extension of Time to Serve Pleading (CM-020), specifying the plaintiff s efforts to serve all defendants, why service has not been accomplished, and when it will be accomplished. In cases in which all defendants have not been served or made general appearances, the court staff may forward the matter to the appropriate CMP program judge for further orders. If a responsive pleading is not served within the time limits and no extension of time has been granted, plaintiff must file a request for entry of default within 10 days after time for service has elapsed [Judicial Council form CIV-100]. Parties may stipulate without leave of court to one 15-day extension of time to answer or otherwise plead. A cross-complaint adding a new party must be served and proof of service must be filed with the court within 30 days of the filing of the cross-complaint. All nondefaulting defendants shall file a responsive pleading to the complaint within the time prescribed by law or by stipulation of the parties, but in no event more than 105 days after the filing of the action. CASE MANAGEMENT CONFERENCES: Except as otherwise provided in the Local Rules, or on order of the court, unlimited civil cases will be set for a case management conference approximately 180 days after the complaint is filed. The court will serve a notice of case management conference on all parties. It is the policy of the court to expect that the complaint and any cross-complaints be served, all answers filed or defaults entered, and challenges to pleadings heard by the time of the initial case management conference. At the case management conference, counsel for each party and each self-represented party must appear personally or, if permitted under California Rule of Court 3.670(c)(2), by telephone; must be familiar with the case; and must be prepared CV\E-133 (Rev ) Page 2 of 5

3 to discuss and commit to the party s position on the issues listed in California Rules of Court and Any party seeking a continuance of a case management conference must file a motion to be heard on the court s regular CMP calendar. Parties must meet and confer, in person or by telephone as required in California Rules of Court at least 25 calendar days before the case management conference date. No later than 15 days before the case management conference, a Case Management Statement (Judicial Council form CM-110) shall be filed. Parties are encouraged to file a single joint Statement. Case management conferences will not be held in limited civil cases unless specifically ordered by the court, but a Order shall be issued after review of the Statement. Under circumstances set forth in Local Rule , short cause matters may be exempted from the rule, upon the filing of the Certification described in the rule. CLASS DESIGNATION: Pursuant to Local Rule 11.06, all cases are deemed to be Class I unless a party requests otherwise and the program judge so orders. A detailed Designation Statement (Local Form CV\E-113) must be filed when a party requests Class II or Class III designation and may be filed no later than 25 days prior to the case management conference. If redesignation is desired after the Conference is held, the parties may proceed by way of motion. The program judges will review all requests for Class II or Class III designation. The judges may decide questions of class designation based on the Designation Statements filed or may order a hearing on the question. The judges may redesignate any program case at any time after a noticed motion or a hearing. UNINSURED MOTORIST CASES: If the complaint includes an uninsured motorist claim as defined in Government Code section and Insurance Code section , the plaintiff shall advise the court in an Uninsured Motorist Statement (Local Form CV\E-132) to be filed at the earliest possible date, but no later than 75 days after the complaint is filed. ARBITRATION: Appearance at the case management conference is not required to obtain a referral to arbitration if the parties so stipulate. All counsel must agree that they have no objection to the Court ordering the case to arbitration with no limit imposed on CV\E-133 (Rev ) Page 3 of 5

4 the amount of the award. Parties may use the court s phone-in selection procedure to stipulate to arbitration if all defendants and cross-defendants have answered, been dismissed, or had their defaults entered. Absent a waiver by the parties, a case may not be referred to arbitration prior to 210 days after the filing of the complaint. Failure to object to an earlier referral to arbitration shall be deemed a waiver of this rule. If a case is referred to judicial arbitration at the case management conference, parties must utilize the court s arbitration phone-in selection procedure. If arbitrators are not selected, the Court will assign arbitrators. The arbitration hearing must be completed within 60 days, unless the court orders otherwise. Pursuant to Local Rule 12.04(c), parties may, by mutual stipulation, request an ex parte extension of time to arbitrate (Local Form CV\E-113). To participate in the phone-in selection, parties may call the Arbitration Unit on Tuesdays from 8:30a.m. to 4:00pm. The parties should agree on a minimum of four names, in order of preference, from the arbitrator panel list, prior to calling the arbitration staff. Only one attorney is to call regarding the case. The following information will be requested at the time of phone selection: Case Number Case Name Name of person calling and name of firm (if applicable) Four names in order of preference for selection as arbitrator and alternate arbitrator To make your selection by phone, please call (916) Arbitrator panel lists are available from the cashier in Room 102 of the Downtown Courthouse, 720 Ninth Street, Sacramento, CA 95814, or on the Court s web site at SETTLEMENT CONFERENCES: A formal mandatory settlement conference will be held for all civil cases before a judge or an attorney acting as a pro tem judge. The settlement conference date will be assigned at a case management conference or during the trial setting process. SETTING TRIAL DATES: All cases not referred to arbitration, and all arbitrated cases that request a trial de novo (Local Form CV\E-116), will be set for trial at the case management conference or during the trial setting process, at which time a mandatory settlement conference date and a trial date will be assigned. CV\E-133 (Rev ) Page 4 of 5

5 A request for extension of time of the trial setting process (Local Form CV\E- TSP-185) must be made before the appropriate CMP judge. A request for continuance of the trial date must be made before the presiding judge. No trial-setting process or trial date may be continued by stipulation or without leave of the court. CLASS II AND CLASS III CASES: These cases follow the same timelines as Class I cases, with the exception that the time for trial is extended. FAILURE TO COMPLY: Failure to comply with program rules may result in the issuance of Orders to Show Cause and the imposition of sanctions. WEEKLY CMP CALENDARS TENTATIVE RULINGS: All parties scheduled for a Thursday 8:30am Conference (CMC) may access the Tentative Rulings at the Court s internet website at to determine if an appearance is required. Tentative Rulings are posted and available for viewing after 2:00pm on the Wednesday before the scheduled CMC. APPEARANCE BY TELEPHONE: A joint effort between the Sacramento Superior Court and CourtCall, LLC allows parties to make voluntary telephonic appearances on the weekly CMP calendars. For further information on CourtCall Telephonic Appearances, call COURT (26878). CV\E-133 (Rev ) Page 5 of 5

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