Emergency Rules Related To COVID-19 ORIGINAL LOCAL RULE Rule 411.1 .

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Emergency Rules Related to COVID-19ORIGINAL LOCAL RULERule 411.1 Trial Setting Conference Suspended and Superseded by EmergencyRule 1.1A trial setting conference will be held in all unlimited civil and complex cases filedbefore January 1, 2016 in lieu of a case management conference.The date of the trial setting conference shall be set by the clerk at the time of thefiling of the initial complaint. The date fixed will be a Court date in the twenty-sixth (26th)week from the filing of the complaint.The purpose of this conference will be to establish which parties have beenserved and have appeared, to determine the status of discovery and deal with pre-trialissues and to set a trial date.An At-Issue Memorandum may be filed and served no later than 15 days prior tothe date of the Trial Setting Conference. (Eff. May 6, 2013. Amended, eff. January 1,2014 and January 1, 2017. Suspended and superseded by Emergency Rule 1.1, eff.May 21, 2020.)Emergency Rule 1.1 - Initial Trial Setting ConferenceAn initial trial setting conference will be held in all unlimited and limited civil casesfiled before and after January 1, 2020 in lieu of a case management conference. Thisinitial trial setting conference will be held in chambers, without the appearance of theparties, except for good cause shown.The date of the trial setting conference shall be set by the clerk at the time of thefiling of the initial complaint. The date fixed will be a court date on or before the twentysixth (26th) week from the filing of the complaint.The purpose of this conference is to review the case and consider the factors inRule of Court 3.727.The parties shall file and serve, no later than 15 days prior to the Initial TrialSetting Conference an Initial Trial Setting Conference Statement (local form #13-09001360 )ROORZLQJ WKH FRXUW¶V LQ FKDPEHUV UHYLHZ WKH FRXUW ZLOO LVVXH DQG VHUYH D 7ULDO Setting Conference Minute Order and set further court dates.Prior to the date of the initial trial setting conference, the court may entertain awritten stipulation by all appearing parties to continue the initial trial setting conference iffiled at least 30 days prior to the conference.1

Complex cases shall be governed by Local Rule 412.This rule will remain in effect until 90 days after the Governor declares that thestate of emergency related to the COVID-19 pandemic is lifted, or until amended orrepealed by the court, whichever occurs first.NEW LOCAL RULEEmergency Rule 1.2 - Further Trial Setting ConferencesThe court may set further trial setting conferences following the initial trial settingconference. In that event, an At Issue Memorandum shall be filed and served no laterthan 15 days prior to the trial setting conference.All future trial setting conferences shall be attended by remote appearance onlyby attorneys of record, except for good cause shown. Self-represented parties mayappear in person, by court-call or in the discretion of each judge, through telephoneappearance in the department, if scheduled at least 48 hours prior to the date of thehearing.This rule will remain in effect until 90 days after the Governor declares that thestate of emergency related to the COVID-19 pandemic is lifted, or until amended orrepealed by the court, whichever occurs first.ORIGINAL LOCAL RULERule 411.2 Trial Readiness Conference Suspended and Superseded byEmergency Rule 1.3A trial readiness conference shall be held in all unlimited civil and complex cases.The date of the trial readiness conference may be set by the Court at the time of theTrial Setting Conference.The purpose of this conference is to finalize trial preparation and allow the trial ofthe case to proceed in a more expeditious manner. On the date set by the Court, theparties and trial counsel shall appear and submit to the Court, unless otherwise directedby the Court, the following documents: 1) any oppositions to motions in limine; 2)proposed jury instructions; 3) proposed verdict forms; 4) witness and exhibit lists; 5) astatement of any stipulated facts; 6) proposed voir dire questions and/or questionnaires;and 7) a short statement of the case to be read to the jury, if applicable. Documentsshould be jointly submitted. If the parties cannot agree to jointly submitted proposeddocuments, each party can submit individual documents. If a party reasonably believesD ZLWQHVV¶V QDPH RU DQ H[KLELW VKRXOG EH FRQILGHQWLDO XQWLO XVHG LQ WULDO KH VKH VKDOO VR indicate to the Judge in camera.2

7ULDO UHDGLQHVV FRQIHUHQFHV PD\ EH KHOG DW WKH FRXUW¶V GLVFUHWLRQ E\ YLGHRconferencing.All motions in limine shall be in writing and filed with service completed at least 8days before the conference.All motions in limine shall comply with Local Rule 415.(Former Rule 411. Eff. July 1, 1998. Amended, January 1, 2005 and January 1, 2007.Renumbered as Rule 411.2 and amended, eff. May 6, 2013. Amended, eff. July 1, 2015and January 1, 2017. Suspended and superseded by Emergency Rule 1.3, eff. May 21,2020.)Emergency Rule 1.3 - Trial Readiness ConferenceA trial readiness conference shall be held in all unlimited and limited civil andcomplex cases. The date of the trial readiness conference may be set by the Court atthe time of the Trial Setting Conference.The purpose of this conference is to finalize trial preparation and allow the trial ofthe case to proceed in a more expeditious manner. On the date set by the Court, theparties and trial counsel shall appear and submit to the Court, unless otherwise directedby the Court, the following documents: 1) any oppositions to motions in limine; 2)proposed jury instructions; 3) proposed verdict forms; 4) witness and exhibit lists; 5) astatement of any stipulated facts; 6) proposed voir dire questions and/or questionnaires;and 7) a short statement of the case to be read to the jury, if applicable. Documentsshould be jointly submitted. If the parties cannot agree to jointly submitted proposeddocuments, each party can submit individual documents. If a party reasonably believesD ZLWQHVV¶V QDPH RU DQ H[KLELW VKRXOG EH FRQILGHQWLDO XQWLO XVHG LQ WULDO KH VKH VKDOO VR indicate to the Judge in camera.7ULDO UHDGLQHVV FRQIHUHQFHV PD\ EH KHOG DW WKH FRXUW¶V GLVFUHWLRQ E\ YLGHRconferencing, if available.All motions in limine shall be in writing and filed with service completed at least 8days before the conference.All motions in limine shall comply with Local Rule 415.This rule will remain in effect until 90 days after the Governor declares that thestate of emergency related to the COVID-19 pandemic is lifted, or until amended orrepealed by the court, whichever occurs first.3

ORIGINAL LOCAL RULERULE 416 DUTY OF COUNSEL AS TO TRIAL DATE ASSIGNED Suspended andSuperseded by Emergency Rule 2After a trial date has been assigned, it shall be the duty of counsel to inform theassigned Judge and all opposing counsel of any fact tending to indicate that the casemay not proceed to trial on the date to which it has been assigned. In the event ofsettlement, counsel, or parties appearing in person, shall immediately notify the Courtthereof. Failure to do so may be cause for imposition of sanctions. (Eff. July 1, 1998.Suspended and superseded by Emergency Rule 2, eff. May 21, 2020.)Emergency Rule 2 - DUTY OF COUNSEL AS TO TRIAL DATE ASSIGNEDAfter a trial date has been assigned, it shall be the duty of counsel to inform theassigned Judge and all opposing counsel of any fact tending to indicate that the casemay not proceed to trial on the date to which it has been assigned. The court willentertain, by written stipulation and without ex parte application, a written stipulation byall parties to continue the first set trial date if filed at least 15 days prior to the trial date.In the event of settlement, the parties shall immediately notify the Court thereofand file and serve a Notice of Settlement. Failure to do so may be cause for impositionof sanctions. Upon filing the Notice of Settlement the Court shall set an OSC ReDismissal at least 90 days away. The Court extends the time for filing a dismissal for anadditional 45 days from the time provided in California Rules of Court, Rule 3.1385(b)and (c). In the event that the case is unable to be dismissed within 90 days of the filingof the Notice of Settlement, Plaintiff shall comply with California Rules of Court, Rule3.1385(e) and the Court will continue the case without personal appearance.This rule will remain in effect until 90 days after the Governor declares that thestate of emergency related to the COVID-19 pandemic is lifted, or until amended orrepealed by the court, whichever occurs first.ORIGINAL LOCAL RULERULE 418 CONTINUANCES Suspended and Superseded by Emergency Rule 3The Court adopts California Rule of Court, Rule 3.1332, with respect to requestsfor continuances. (Former Rule 361, eff. May 27, 1982. Renumbered as Rule 418, eff.July 1, 1998. As amended, eff. January 1, 2017. Suspended and superseded byEmergency Rule 3, eff. May 21, 2020.)4

EMERGENCY RULE 3 - CONTINUANCESThe Court adopts California Rule of Court, Rule 3.1332, with respect to requestsfor continuances. Notwithstanding Rule 3.1332(b), the court will entertain, by writtenstipulation and without motion or ex parte application, a written stipulation by all partiesto continue the first set trial date.This rule will remain in effect until 90 days after the Governor declares that thestate of emergency related to the COVID-19 pandemic is lifted, or until amended orrepealed by the court, whichever occurs first.ORIGINAL LOCAL RULERULE 420 CASES REMOVED TO OTHER COURTS Suspended and Supersededby Emergency Rule 4In the event that a case is removed to any federal court or transferred to asuperior court in another county, the Court will set a status conference for a date, notearlier than 90 days from the date of removal or transfer. Counsel may file a Notice ofStatus of Removed Case with the court in lieu of appearing at the status conference.The Notice of Status of Removed Case must be filed no later than 10 days prior to thedate of the case management or trial setting conference.The Court will, upon receipt of the Notice, set an OSC hearing on the status ofremoval. At the OSC hearing, the Court will determine the status of the case. If it isdetermined that the case remains pending in federal court or a superior court in anothercounty, no further status conference or other hearing in this Court will be set. SuperiorCourt of California, County of San Bernardino.If a case is remanded from federal court or returned from a superior court inanother county, the plaintiff shall notify the Court of the remand or return and request acase management conference date. The plaintiff shall notify the Court of any action bythe federal court that resolves the case or of any pertinent orders or rulings entered inthe federal action.If a case is removed to bankruptcy court, the Court will continue the statusFRQIHUHQFH IRU WR GD\V DW WKH &RXUW¶V GLVFUHWLRQ 7KH SODLQWLff shall notify theCourt of any action by the bankruptcy court that resolves the case. Any request for astay must comply with California Rules of Court, Rule 3.650. (Eff., July 1, 2003.Amended, eff. January 1, 2012. As amended, eff. January 1, 2017. Suspended andsuperseded by Emergency Rule 4, eff. May 21, 2020.)5

EMERGENCY RULE 4 - CASES REMOVED TO OTHER COURTSIn the event that a case is removed to any federal court or transferred to asuperior court in another county, counsel may file a Notice of Status of Removed Casewith the court in lieu of appearing at the any court hearing. The Notice of Status ofRemoved Case must be filed and served no later than 15 days prior to the date of thecase management or trial setting conference.The Court will, upon receipt of the Notice, set an OSC hearing on the status ofremoval, not earlier than 365 days from the date of removal or transfer. At the OSChearing, the Court will determine the status of the case. If it is determined that the caseremains pending in federal court or a superior court in another county, no further statusconference or other hearing in this Court will be set, and the case will be dispositionedby the Court. If a case is remanded from federal court or returned from a superior courtin another county, the plaintiff shall notify the Court of the remand or return and requesta case management conference date. The plaintiff shall notify the Court of any action bythe federal court that resolves the case or of any pertinent orders or rulings entered inthe federal action.If a case is removed to bankruptcy court, the debtor shall promptly file a Notice ofStay and the Court will set a status of bankruptcy OSC for GD\V DW WKH &RXUW¶V discretion. The parties shall notify the Court of any action by the bankruptcy court thatresolves the case. Any request for a stay must comply with California Rules of Court,Rule 3.650.This rule will remain in effect until 90 days after the Governor declares that thestate of emergency related to the COVID-19 pandemic is lifted, or until amended orrepealed by the court, whichever occurs first.NEW LOCAL RULEEMERGENCY RULE 5 COURT APPEARANCESThe following court hearings shall be heard by remote appearance (court call orvideo conferencing, if available) unless good cause is shown:1.2.3.4.5.6.OSC re service of Complaint/Cross-Complaint.OSC re dismissals.OSC re sanctions.Further Trial Setting Conferences.Status of Bankruptcy OSCs.ORAPS where no proof of service is filed at least 10 days prior to the ORAP.6

7. Ex parte applications.8. Status of arbitrations.9. Claim of Exemptions.10. Name Changes.Self-represented parties may appear in person, by court-call or, in the discretion of eachjudge, through telephone appearance in the department, if scheduled at least 48 hoursprior to the date of the hearing.This rule will remain in effect until 90 days after the Governor declares that thestate of emergency related to the COVID-19 pandemic is lifted, or until amended orrepealed by the court, whichever occurs first.NEW LOCAL RULEEMERGENCY RULE 6 SERVICE OF COMPLAINT, CROSS-COMPLAINT,RESPONSE AND ENTRY OF DEFAULTThe time periods provided in California Rules of Court, Rule 3.110 are extendedby an additional thirty (30) days.The time period provided by Rules of Court, Rule 3.20 is extended to 30 days.This rule will remain in effect until 90 days after the Governor declares that thestate of emergency related to the COVID-19 pandemic is lifted, or until amended orrepealed by the court, whichever occurs first.ORIGINAL LOCAL RULERULE 560 MOTIONS REMOVED FROM CALENDAR Suspended and Supersededby Emergency Rule 7A law and motion matter that has gone off calendar may be restored only uponnotice, except in an extraordinary situation to be determined by the Court in itsdiscretion.EMERGENCY RULE 7 - MOTIONS REMOVED FROM CALENDARA law and motion matter that has gone off calendar may be restored only uponnotice, except in an extraordinary situation to be determined by the Court in itsdiscretion.,Q WKH &RXUW¶V GLVFUHWLRQ WKH &RXUW PD\ RQ LWV RZQ PRWLRQ WDNH RII FDOHQGDU WKH following motions:7

1. Motions that are not supported by a declaration establishing that an in personor telephonic meet and confer or other required meet and confer occurred oris deficient.2. Motions for summary judgment/adjudication where a Separate Statement isnot filed or is deficient or where all exhibits are not included.3. Motions/ORAPS where a proof of service has not been filed at least ten daysbefore the examination.This rule will remain in effect until 90 days after the Governor declares that thestate of emergency related to the COVID-19 pandemic is lifted, or until amended orrepealed by the court, whichever occurs first.NEW LOCAL RULEEMERGENCY RULE 8 - TENTATIVE RULINGSEffective January 21, 2021(a) A judicial officer may provide tentative rulings. A tentative ruling on a law andPRWLRQ PDWWHU PD\ EH REWDLQHG E\ DFFHVVLQJ WKH FRXUW¶V ZHEVLWH DW https://sbcourt.org after 3:00 p.m. on the court day before the hearing, or by telephoningWKH FRXUW¶V GPLQLVWUDWLYH VVLVWDQWV DW WKH QXPEHUV EHORZ (b) Any party who wishes to orally argue the motion may appear on the date andtime set for hearing, pursuant to California Rules of Court, Rule 3.1308 (a) (2)and Rule 3.1306. Failure to appear shall be deemed a waiver of oral argument.All posted tentative rulings shall become the final ruling of the Court on thescheduled hearing date if no party appears. Should a hearing be held the Courtmay, in its discretion, modify or affirm the tentative ruling and advise the partiesof its ruling at the hearing or by further Order.(c) If the parties wish to submit on the tentative ruling, no appearance will beQHFHVVDU\ LI WKH GHSDUWPHQW¶V MXGLFLDO DVVLVWDQW LV QRWLILHG E\ S P WKH GD\ before the hearing. The tentative will then become the final ruling.(d) The Court will not entertain a request for continuance unless stipulated to by allparties and no further papers may be filed once the tentative ruling has beenposted.(e) The party prevailing on the motion shall serve all parties with written notice of theFRXUW¶V UXOLQJ (f) Telephone numbers assigned to the civil courtrooms are as follows:For departments S16, S26, S32:(909) 521-30858

For departments S17, S29, S30:(909) 708-8853For departments S22, S27:(909) 521-3447For departments S23, S24:(909) 521-3297For departments S25, S28, S31, S33:(909) 708-8756This rule will remain in effect until 90 days after the Governor declares that the state ofemergency related to the COVID-19 pandemic is lifted, or until amended or repealed bythe court, whichever occurs first.NEW LOCAL RULEEMERGENCY RULE 9 PRETRIAL AND POST-TRIAL MOTIONSEffective March 18, 2021Unless otherwise ordered or specifically provided by law, any pretrial or post-trialmotion shall be filed and served at least ten court days prior to the hearing. Proof ofService, and Responding Papers will conform to California Rules of Court, rule 4.111.This rule will remain in effect until 90 days after the Governor declares that thestate of emergency related to the COVID-19 pandemic is lifted, or until amended orrepealed by the court, whichever occurs first.9

If a case is removed to bankruptcy court, the Court will continue the status conference for 90 to 180 days at the Court's discretion. The plaintiff shall notify the Court of any action by the bankruptcy court that resolves the case. Any request for a stay must comply with California Rules of Court, Rule 3.650. (Eff., July 1, 2003.

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