COURT CALENDARS, CASE MANAGEMENT,
AND DELAY REDUCTION
RULE 3.00 CIVIL CASE DELAY REDUCTION
It is the policy of the Ventura County Superior Court to manage all civil cases from the time of filing of the first document invoking court jurisdiction through final disposition. The court shall be governed by the civil case disposition standards contained in standards 2.1 and 2.2 of the Standards of Judicial Administration. (Revised effective 1/1/07)
RULE 3.01 CASES EXEMPT FROM CIVIL CASE MANAGEMENT (Deleted effective 7/1/03)
RULE 3.02 DIFFERENTIATED CASE MANAGEMENT
All cases filed which are subject to these rules shall be assigned to one of the following case management tracks: (1) unlawful detainer, (2) economic, (3) standard, (4) complex, (5) uninsured motorist. (Effective 7/1/00)
All pending cases shall be calendared for a future event. No pending case shall go off calendar without a future event being set. (Revised effective 7/1/99)
Unlawful detainer cases shall be set for trial upon filing of a request for setting by any party and shall be set within 20 days of the request. A request for jury trial shall be filed within 5 days after the notice of trial is received and jury fees shall be posted within 5 days of the trial date. If the case has not been set for trial within 60 days of filing, the plaintiff shall be required to submit a case status report or appear at a case management conference. (Effective 1/1/97)
RULE 3.05 EXPEDITED CASES (Deleted effective 7/1/00)
RULE 3.06 ECONOMIC LlTlGATlON TRACK FOR LIMITED CIVIL CASES (CCP 90 et seq.) (Deleted effective 7/1/04)
RULE 3.07 SUPERIOR COURT STANDARD CASES
MEDIATION OR ARBITRATION: Cases in which arbitration is requested by plaintiff, stipulated to by all parties, or ordered by the court shall be sent to arbitration generally about 210 days after the complaint is filed. Cases arbitrated may also be ordered to mediation or mandatory early settlement conference. Cases not suitable for arbitration shall be set for trial. (Revised effective 7/1/04)
A. GENERAL RULE: In general, a complex case is a case that is entirely managed by the assigned judge. The goal of the court is to complete the complex case within one year, unless the assigned judge determines otherwise.
All complex cases shall be set for a case management conference within sixty (60) days of filing. The court shall calendar all events, such as service on unserved parties, discovery completion dates, settlement conference dates, and trial dates. The parties are required to file a joint complex status report, in pleading format, in advance of the first case management conference. See Standards of Judicial Administration standard 3.10.
B. CROSS-COMPLAINTS FOR EQUITABLE INDEMNITY (CONSTRUCTION DEFECT CASES):
In complex construction defect cases, the court strongly encourages counsel to stipulate in the initial Case Management Order to the
following:
C. NAMING NEW PARTIES (CONSTRUCTION DEFECT CASES): Counsel are to designate a date at the time of the first
Case Management Conference, for inclusion in the Case Management Order, by which all new parties are to be named. (Revised effective 1/1/07)
RULE
3.09 UNINSURED MOTORIST CASES A. OSC re DISMISSAL: In any case
designated as an Uninsured Motorist case, if the plaintiff and insurance carrier have not
settled or arbitrated within 5 months, nor filed a dismissal, the court will hold an OSC
re Dismissal for Failure to File Petition for Order Compelling Arbitration at 6 months. (Revised effective 7/1/05)
RULE
3.10 CIVIL CASE INFORMATION SHEET (Deleted effective 1/1/08)
RULE
3.11 CASE MANAGEMENT CONFERENCES (Deleted effective 7/1/03)
Rule
3.12 TRIAL SETTING CONFERENCES (Repealed effective 7/1/94)
RULE
3.13 MANDATORY SETTLEMENT CONFERENCES A. All mandatory settlement conferences are subject
to California Rules of Court Rule 3.1380 and are conducted in unlimited civil cases only.
All mandatory settlement conferences are held at the Ventura Division of the
Ventura Superior Court, including those cases assigned to the East County Division, unless
otherwise ordered by the court. B. In addition to the mandatory settlement conference
statement provided in California Rules of Court, rule 3.1380, a party may elect to lodge an additional
confidential settlement conference statement with the court, no later than five court days before
the date set for the settlement conference. (Revised effective 1/1/07)
RULE
3.14 IDENTIFICATION OF PARTY BEING SERVED ON PROOF OF SERVICE In all cases where proof of service is made on
any party by mailing a copy of the summons and complaint, cross complaint or other
pleading to the party's attorney, the proof of service shall identify the party whom
counsel represents in the form set below:
(2) No formal answers are to be filed. The answer, with all mutually agreed upon applicable affirmative defenses,
shall be deemed filed. Any party desiring to plead other than the agreed upon applicable defenses will have to file
an affirmative pleading within thirty (30) days of the service of the cross-complaint.
John Jones, Esq
123 Main Street
Ventura, CA 93003
Attorney for Defendant,
Mary Smith
(Revised Effective 7/1/03)
RULE 3.15 FILING AND SERVICE OF COMPLAINTS-IN-INTERVENTION
A. Complaints-in-intervention shall be filed by leave of court only as set forth
in CCP Section 387(a). An original complaint-in-intervention shall be submitted along with, but not attached to,
the application for leave of court so that, upon granting of the order re leave to file, the complaint-in-intervention
can be filed forthwith.
The complaint-in-intervention shall be served in accord with CCP Section 387(a), and
proof of service shall be returned to the court no later than thirty (30) days after filing of the complaint-in-intervention. B. A complaint-in-intervention that is filed exclusively, and in both its caption
and substance involves only the provisions of Labor Code section 3852 shall be treated as both a complaint-in-intervention
and as an application to file same.
(Revised effective 7/1/00)
RULE 3.16 DUTY TO NOTIFY COURT OF
SETTLEMENT The Notice of Settlement filed shall state whether the settlement is an
Unconditional Settlement (CRC 3.1385(b) or a Conditional Settlement (CRC 3.1385(c)). The Notice of Settlement
shall specify as to which complaint or cross-complaint is settling and whether it is a partial settlement or as
to the entire case. If any settlement agreement attached to the Notice of Settlement is requested to be
confidential, upon order of the court, it shall be sealed by the clerk. (Revised effective 1/1/07)
RULE 3.17 SANCTIONS
FOR FAILURE TO COMPLY WITH LOCAL RULES Except for good cause shown, sanctions, including
but not limited to, payment of sanctions to the court, payment of the opposing party's
reasonable expenses and attorneys' fees, dismissal of the action or striking an answer and
entering a default may be imposed on any person who: A. Fails to comply with any local rule or
order of the court, other than a prior order to pay sanctions; or B. Fails to submit any form or report
required by the court; or C. Fails to appear at any case management
conference or any other scheduled event; or D. Fails to participate in good faith in any
conference.
A. No procedure or deadline established by
these rules may be waived or extended by stipulation or agreement of the parties, except
as permitted by Government Code Section 68616, unless approved by the court, upon written
application and submission of proposed order and a showing of good cause. B. Any party may seek relief from any
deadline or time line imposed by the Fast Track Rules of the Ventura County Superior
Court, including trial date or any other event, by the filing of a formal noticed motion
seeking such relief with proposed order. Such motion shall be accompanied by appropriate
declarations of counsel or others, setting forth the basis for the motion. The granting of such motion by the court will be
predicated upon a showing of good cause for same and that injustice to a party will result
if the relief is not granted. (Revised effective 1/1/99)
Unless otherwise ordered, all noticed or ex parte
motions and any pleadings in support or opposition thereto shall be presented for filing
in the clerk’s office located at the courthouse where the matter is to be heard. (Revised effective 7/1/05) (Reference Local Rules Chapter 15). (Effective 1/1/97)
RULE 3.21 GENERAL ASSIGNMENT
SCHEDULE; COURT CALENDARS A. Civil cases of either limited or unlimited jurisdiction are assigned to
a judge and vertical civil department for all purposes upon the filing of the
first document invoking the court's jurisdiction. B. Designated Vertical Case Management
departments shall individually and directly calendar all trials and hearings
scheduled in all cases
assigned under that system, consistent with procedures adopted by the court
and the individual judges presiding, under the general coordination of the
Presiding Judge of the
court. (Revised effective 7/1/03) RULE 3.22 DUTY TO NOTIFY PARTIES OF CASE REASSIGNMENT It shall be the duty of any party successfully exercising a judicial challenge under Code of Civil Procedure Sections 170.1 and/or 170.6 to provide formal notice to all subsequently appearing parties of the identity of the courtroom and the judge to which the case is then "vertically assigned for all purposes." (Effective 7/1/03)
RULE 3.23 BINDING
ARBITRATION (Deleted effective 7/1/05)
RULE 3.24 MANDATORY
MEDIATION AND EARLY SETTLEMENT CONFERENCES A. The court shall, where appropriate,
order the parties to participate in mandatory mediation with a mediator appointed by the
court, and/or a mandatory early settlement conference before a settlement officer. Once
ordered to mandatory mediation or mandatory early settlement conference, the court
requires: 1. all parties, 2. their attorneys, 3. claim representatives, and 4. all persons with full authority to resolve all
disputed issues to appear on the date and at the time and place ordered by the court. Exception: For good cause shown, the parties may
seek a court order prior to the date set for mediation or mandatory early settlement
conference to exclude their or their claim representative’s appearance at the court
ordered mediation or mandatory early settlement conference. An order may be sought
by ex parte application. Absent such an order, the failure of a party or claim
representative to appear at a mandatory mediation or mandatory settlement conference
will result in sanctions being imposed on the party, counsel or both. B. The mediation or mandatory early
settlement conference may be continued by agreement without court order for no more than
30 days from the original mediation or conference date as follows: 1. All parties and the mediator or settlement
officer must agree on a new date. 2. No later than the date originally scheduled
for the mediation or conference, the party requesting the continuance shall serve and file
a declaration under penalty of perjury stating (a) all parties and the mediator or settlement
officer have agreed to the continuance, (b) the reasons for the continuance which constitute
good cause as set forth in rule 3.1332 of the California Rules of Court, and (c) the
agreed date. 3. For mediation only, the matter may be
continued by a telephone call or written letter from the mediator indicating
the new mediation date. C. There can be no continuance for more than
30 days from the original date except upon order of the court for good cause. The desire
to conduct further discovery will not be considered good cause. D. No later than 5 days before the mandatory
early settlement conference, each party shall serve on all other parties a brief
statement setting forth and discussing the facts and law pertinent to the issues of
liability, damages and defenses and an itemization of economic and non-economic damages,
and comply with any additional requirement imposed by local rule. No later than 5 days before the date set for
mediation, each party shall serve on the mediator and opposing counsel, a one-page
mediation statement which shall set forth the causes of action and nature of the case, the
issues to be resolved and the party's contentions. E. FACILITIES: The availability of court
facilities being limited and necessary for formal court proceedings, mediators and
settlement officers are strongly encouraged to schedule mediation and settlement hearings
for the mediator's or settlement officer's office or other appropriate location agreed
upon between parties to the proceedings. All hearings shall be held within the County of
Ventura unless all parties and the mediator or settlement officer stipulate to a different
location. (Revised effective 1/1/07)
RULE 3.25 MANDATORY MEET AND
CONFER (Deleted effective 1/1/96) [See local rule 3.07]
RULE 3.26 BRINGING
IN NEW PARTIES SUBSEQUENT TO ORIGINAL FILING (Deleted effective 7/1/03)
RULE 3.27 CASE REMOVED
TO FEDERAL COURT (Deleted effective 1/1/04)
RULE 3.28 FILINGS FOR
CASE MANAGEMENT CONFERENCES (Deleted effective 1/1/04)
RULE 3.29 DEFAULT
HEARING FORMS IN LIMITED CIVIL CASES Automobile deficiency judgments will not be
granted nor submitted to a judge for approval unless a "Declaration in Support of
Deficiency Judgment" has been completed and filed. (Revised effective
1/1/07)
RULE 3.30 ERRONEOUSLY SUED
DEFENDANTS (Deleted effective 7/1/01)
Prior to imposition of sanctions, counsel will
be given notice and an opportunity to be heard. (Revised effective 1/1/99)
