Writ Departments and Protocols - Department 13A

• Hearings

  Department 13A hears writs and motions on Fridays at 10:00 a.m. and 11:00 a.m. Other days and times shall be set only with the court's approval upon a showing of good cause.

• Calendaring

  The clerk of Department 13A schedules hearings on writs and motions. Contact the clerk for a list of available dates and times. The court prefers that litigants communicate with the court via email at Dept13A@saccourt.ca.gov rather than by phone.

  The moving party must schedule a date and time with the department clerk before noticing the hearing. Prior to scheduling a hearing date, the moving party should contact the clerk for available dates and times, and meet and confer with all parties to select a mutually convenient date and time from the available dates and times provided by the clerk. Parties are advised to agree on at least two available dates before calling the clerk to schedule a hearing date.

• Ex Parte Matters

  Ex parte applications must comply with California Rules of Court, rule 3.1200 et seq. Specifically, pursuant to rule 3.1201, any application for ex parte relief must be in writing. . Parties wishing to request an ex parte hearing must contact the clerk in Department 3A who will direct that all filngs be filed electronically and courtesy copies to be electronically sent directly to the department. The clerk will not reserve a hearing date, but rather the court will review the pleadings, and if the court determines that a hearing is necessary, the clerk will advise the moving party of the time and date set for the hearing. Once advised by the court of the appearance date, the moving party is required to give notice pursuant to rule 3.1203.

  The court prefers at least 48 hours' notice, but it will accept less upon a showing of urgency.

• Requirements for First Pleading in Claims Pursuant to the California Environmental Quality Act

  The caption page of the first pleading in any case that alleges one or more claims pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code, §§ 21000, et seq.) shall clearly identify that the case is a CEQA case. The words “CEQA case” must appear on the caption page.

  Additionally, if the CEQA claim relates to a project governed by California Rules of Court, rules 3.220-3.2231, et seq.,  the caption page must also state the code sections under which the CEQA cause of action is litigated and state “STREAMLINED CEQA PROJECT” and “EXPEDITED REVIEW.”

  At the time the pleading is filed, the person presenting the pleading for filing must notify the clerk processing the filing that the case is a CEQA case and, if warranted, that it is entitled to expedited review under California Rules of Court, rules 3.220-3.2231, et seq.,  Once a notice of case assignment is generated, the petitioner must immediately deliver a courtesy copy of the pleading to the assigned department and contact the department clerk regarding scheduling a case management conference.

  
  

• Filings

  Notwithstanding the court’s rules regarding e-filing, parties shall deliver two hard copies of all motion briefing (merits and non-merits) to Department 13A on the same day that the brief(s) are e-filed. If the brief(s) are filed electronically on a weekend or court holiday, the hard copies shall be delivered to Department 13A the following court day. We do not accept fax filings.

• Tentative Rulings

  This department uses a Tentative Ruling System. On the court day before each noticed writ or motion hearing (generally Thursday), the court will post a tentative ruling or a direction that the parties appear at the hearing.

  The tentative ruling will be available at 2 p.m. and may be obtained on the Public Portal. For those without access to the internet, the tentative ruling may be obtained by requesting a copy from the clerk of Department 13A. Unless a party requests oral argument no later than 4 p.m. on the court day preceding the scheduled hearing and further advises the clerk that such party has notified all other parties of its intention to appear, the tentative ruling shall become the final ruling of the court.

  All notices of motions or hearings shall include the following information in the notice:

  "Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded from the court’s website. If the party does not have online access, they may call the dedicated phone number for the department as referenced in the local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held."

• Remote Appearances

  Parties are encouraged to appear remotely at conferences, hearings, and proceedings by video or telephone on the Zoom platform with notice to the court and all other parties in accordance with Code of Civil Procedure § 367.75. If appearing remotely parties are required to participate in their hearing using a device that has video and/or audio capability (i.e. computer, smartphone, or tablet). Although remote participation is not required, the court will presume all parties are appearing remotely for non-evidentiary civil hearings.

• Alternative Writs

  Absent a showing of good cause or waiver by the responding party, no alternative writ will be issued unless the moving party serves all parties with the application at least five days before the ex parte hearing.

  Issuance of an alternative writ merely places the matter on the court's calendar for hearing. It does not stay any action or afford any affirmative relief. If issued, the alternative writ must be served in the same manner as a summons in a civil action unless the court orders otherwise. The court will set a briefing schedule when the alternative writ is issued.

  In bringing a mandamus petition to trial/hearing on the merits, the court prefers that parties proceed by noticed motion instead of by alternative writ. (Refer to page 7 of the Writ of Mandate Guide.)

• Temporary Stays

  Proof of service of the alternative writ or, if no alternative writ is sought, of the filed petition, must be filed with the court prior to any hearing on an application for the issuance of a temporary stay (or temporary restraining order or preliminary injunction).

  A request for a stay of suspension of a driving license must include a copy of the petitioner's driving record. (Cal. Rules of Court, rule 3.1142.)

• Lodging Administrative Record

  Administrative records are lodged directly with the department. The administrative record must be lodged in the department not less than 25 days, but not more than 45 days, before the hearing. Parties should file a separate notice of lodging with the administrative record (and, if applicable, any boxes containing the record) listing the case name, case number, and the date and time of the hearing.

  When securing a date and time for a hearing on the merits of the petition, parties must inform the clerk of the size of the administrative record.

  In addition to lodging a hard copy of the administrative record, the parties must also lodge an electronic copy of the administrative record. The electronic copy of the administrative record must be:

  1. created in portable document format (PDF) or other format for which the software for creating and reading documents is in the public domain or generally available;
  2. divided into a series of electronic files and includes electronic bookmarks that identify each part of the record and clearly state the volume and page numbers contained in each part of the record;
  3. capable of full text searching; and 
  4. contained on a USB flash drive, labeled with the case name, case number, and title of the document. 
  Parties should consult with the clerk if they are unable to comply with any of these requirements.

• Continuances

  After a hearing or motion is set, it may be continued only upon the court's approval. The party seeking the new date should obtain available times and dates from the clerk of Department 13A, meet and confer with all other parties on a new date, and then present a Stipulation and Order or, if opposing parties are unwilling to stipulate, a motion for a continuance. There is a filing fee that must be paid to the cashier at the Civil Front Counter.

• Evidentiary Objections

  Objections to evidence must comply with California Rules of Court rule 3.1352 and rule 3.1354.