LAKE COUNTY SUPERIOR COURT RULES

CHAPTER 8: CASE MANAGEMENT

8.1 Authority

The rules in this chapter are adopted pursuant to the authority of Government Code sections 68070 and 68612 in implementation of the Trial Court Delay Reduction Act (Gov't. C. §§68600-68619). Rules relatng to differential case management are also authorized by rule 2102, California Rules of Court. (eff. 1/1/92)

8.2 Scope

The rules in this chapter apply to all general civil cases filed before or after the effective date of the rules. "General civil case" means all civil cases except probate, guardianship, conservatorship, family law (including 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 appeals, and "other civil petitions" as defined in the Regulations on Superior Court Reports to the Judicial Council, including petitions for writ of mandate or prohibition, temporary restraining order, harassment restraining order, domestic violence restraining order, writ of possession, appointment of a receiver, release of property from lien, and change of name. (eff. 6/30/91)

8.3 Procedural Time Standards

Procedural events in the porgression of a case will occur in accordance with the following time standards:

Service of Summons and Complaint. Summons and complaint will be served no later than 60 days after the filing of the complaint, unless an extension is procured by an ex parte application to the presiding judge.

Filing of Proof of Service: Proof of service of the summons and omplaint will be filed with the clerk no later than 10 days after the event of service.

Repsonsive Pleadings to Complaint or Cross-Complaint: Responsive pleadings (answer, demurrer, defendant's or cross-defendant's initial motion, cross-complaint) will be served upon each party entitled to service no later than 30 days after service of the complaint or cross-complaint upon such party, unless an extension not exceeding 15 days is stipulated to by the parties or an extension is procured by an ex parte application to the presiding judge.

Default: Counsel for each plaintiff or cross-complainant to whose complaint or cross-complaint there has not been filed a responsive pleading will apply for the entry of the default of each non-responding party no later than 10 days following the expiration of the time limit set by this rule for such repsons.

At-issue Memorandum: As soon as a case is at issue, plaintiff's counsel will file an at-issue memorandum conforming to rule 209, California Rules of Court, on a form obtained from the clerk. (eff. 6/30/91)

8.4 Case Management Conference

After the expiration of 135 days following the filing of the complaint, in every case which has not been placed upon the civil active list pursuant to rule 210, California Rules of Court, a case managmet conference will be held. Counsel for each party in the action and each party, when not represnted by counsel, will attend the conference and will be prepared to resond on the subjects specified in the notice of the conference and, in addition, on the following items:

a. Service of process on parties not yet served;

b. Jurisdiction and venue;

c. Proposed joinder of other parties;

d. Proposed discovery and unresolved discovery controversies;

e. The sustance of the parties' claims and defenses and the definition of genuinely controverted issues;

f. Anticipated motions;

g. The assignment of a differential case management plan for the case and the need for adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems;

h. The advisability of referring the matter to a referee;

i. The advisability of adopting special procedures such as the bifurcation or severance of issues for trial;

j. The advisability of scheduling an early settlement conference; and,

k. Any other matters which may be conducive to the just, efficient and economical determination of the case.

A noticed conference may be continued only on the order of the presiding judge.

A request for a continuance shall be supported by a stipulation and a declaration stating the reason for the request. (eff. 6/30/91)

8.5 Differential Case Management

a. The plans referered to herein are those plans described in rule 2105, California Rules of Court.

b.At the time each case is filed, it will be presumed to be subject to the disposition goal under case-management Plan 1, will be assigned to case-management Plan 1 and will remain designated a Plan 1 case until disposition or entry of an order changing its designation.

c. At the first case management conference, consideration will be given to:

1) Assignment of the case to case-management Plan 2 or case-management Plan 3; or,

2) Designation of the case as "uninsured motorist", pursuant to rule 2103, subdivision (c), California Rules of Court; or,

3) Designation of the case as exempt from differential case management by reason of exceptional circumstances, pursuant to rule 2105, subdivision (d), California Rules of Court, in which case there will be established a case-progression plan and a procedure to monitor case progression in order to assure disposition within 3 years. (eff. 1/1/92)

8.6 Case Management Conference Order

Following any case management conference conducted pursuant to rule 8.4, the judge conducting the conference will enter an order 1) continuing the conference, or 2) addressing the items specified in rule 8.4, or 3) doing both. Such order, until modified,shall govern all further proceedings.

Copies of the order shall be served on all parties who have appeared in the action. (eff. 6/30/91)

8.7 Dismissal Calendar

Quarterly there will be a dismissal calendar, on which the clerk will place all unresolved cases in which the complaint was filed more than 5 years before the date of the dismissal calendar. Notice will be given to the parties, by the clerk, 50 days in advance of the date of the dismissal calendar. A party desiring to oppose dismissal of the case for lack of prosecution pursuant to Code of Civil Procedure sections 583.310-583.360 must file with the clerk, within 15 days after the date of the clerk's notice, a written opposition to the dismissal and thereafter, shall promptly file declarations containing whatever evidentiary showing is desired to be given in support of the oppositoin. At the dismissal calendar, the case will be dismissed unless opposition to the dismissal has been filed in accordance with this rule and the case may be dismissed, nothwithstanding such opposition. (eff. 6/30/91)