Tuesday, May 24, 2016


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 720 9th Street, Room 102 at the Civil Filing Window.

Fees

Motion and Ex Parte Motion

The fee to file a motion or other paper requiring a hearing, including Government Code section 70617 (a), Motions listed in Code of Civil Procedure section 1005 (a) (1)-(12), Motion or Application to Continue Trial Date, Motion for a New Trial or Ex Parte Application requiring a party give notice of the ex parte appearance to other parties would be $60.00 per remedy sought, whether requests are filed on one (1) pleading or multiple pleadings.

Sanctions

Sanctions ordered in civil cases are paid at the Civil Filing Windows located in the Gordon D. Schaber Sacramento County Courthouse at 720 9th Street, in Room 102. Payments can be submitted in person between the hours of 8:30 a.m. and 4:00 p.m., sent by regular mail, sent by priority mail, or placed in the Court's drop box.

Stipulation and Order

The fee to file a stipulation and order, except for a stipulated judgment or structured settlement agreement, is $20.00 plus any first paper fees due on behalf of any defendant, respondent, or intervener, who has signed the stipulation and has not already paid such fees.

Guardian ad Litem

The fee to file a petition for appointment of a guardian ad litem is $60.00 per petition submitted.

Applications

The fee to file an application and/or order is $60.00. The fee for a request or application for continuance of hearing or case management conference is $20.00. If the filing party has not yet appeared on the case, a first appearance fee will be due in lieu of the fees listed above.

Order After Hearing

There is no fee for an order after hearing.

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 3.110 - 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 Honorable Richard Sueyoshi presiding in Department 23. The clerk of Department 23 can be reached at (916) 874-5754. Upon filing of the petition and applicable orders, the party shall call the clerk of Department 23 to obtain a hearing date. Hearings will be set on the next available Friday at 9:00 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.