- General Information
- Ex Parte Motions
- Tentative Rulings Information
- Oppositions and Replies
- Compromise Claims of Minors and Incompetent Persons
Oppositions and Replies
All papers opposing a motion shall be filed directly in the department in which the matter is to be heard, and shall be served upon opposing counsel at least nine (9) court days before the hearing by personal delivery, facsimile transmission, express mail, or other means designated to ensure that the opposition and reply papers are received no later than one (1) court day after filing.
All replies shall be filed directly in the department in which the matter is to be heard, and shall be served upon opposing counsel at least five (5) court days before the hearing by personal delivery, facsimile transmission, express mail, or other means designated to ensure that the opposition and reply papers are received no later than one (1) court day after filing.
Failure to comply with the requirements concerning filing and serving opposing and reply papers may, in the discretion of the court, be deemed cause for acting on the matter without consideration of the document filed in violation of the requirements and may be deemed cause for imposing sanctions.
Oppositions and replies for Law and Motion (Departments 53 and 54), shall be filed at the Hall of Justice Building, 813 6th Street, Room 212, (2nd Floor).
Compromise Claims of Minors and Incompetent Persons
All petitions and orders for the compromise of claims of minors or incompetent persons shall be filed in compliance with Probate Code section 3500 - external link, Code of Civil Procedure section 372 - external link and California Rule of Court 7.950, et seq. - external link, whether by way of compromise, covenant not to sue, or stipulated judgment. Petitions and orders shall also comply with the applicable requirements of California Rules of Court, rule 2.100 - external link, et seq.
If a complaint has already been filed with the Court, all petitions shall be filed in Room 102, with no filing fee due. If a complaint has not already been filed, parties must submit appropriate filing fees along with (1) for limited civil cases, a complaint, a petition to compromise the claim of a minor or incompetent person and the applicable proposed orders, or (2) for unlimited civil cases, a petition to compromise the claim of a minor or incompetent person and the applicable proposed orders. The party shall furnish the court with one original which is unbound (but instead, clipped or rubber-banded) and one copy in the format pursuant to California Rule of Court 3.1110 - external link, including clearly delineated tabs separating attachments pursuant to subdivision (f).Complaints and petitions shall be submitted by mail or dropped off with the Civil Unit at 720 9th Street in Room 102.
Any petition containing a request for attorney's fees shall be accompanied by a declaration addressing the applicable factors in California Rule of Court 7.955(b) - external link. In the instance where a petition may be brought by a parent on behalf of a minor without formal appointment as guardian ad litem, such petition shall be accompanied by a declaration addressing the parent's qualification to compromise the claim under Probate Code section 3500(a) - external link.
Petitions to compromise the claim of a minor or incompetent person are assigned to the Presiding Judge Kevin R. Culhane in Department 47. The clerk of Department 47 can be reached at (916) 874-5487. Before filing of the petition and applicable orders, the party shall call the clerk of Department 47 to reserve a hearing date. Hearings will be set on the next available Wednesday at 10:00 a.m. The Tentative Ruling System is not utilized for this calendar. Requests for telephonic appearance shall be communicated to the clerk and will be addressed on a case-specific basis.
Requests for withdrawal of minor's funds are heard in the Probate Division and will be allowed only upon filing a verified petition, unless the order compromising the claim specifically provides that the funds may be withdrawn once a minor reaches 18 years of age. The petition shall be on the adopted Judicial Council form.