Motions & Hearings

FORM OF FILINGS
All documents presented for filing shall comply with California Rules of Court, in particular Rules 3.1110 through 3.1116 of the California Rules of Court.


Format of Filings. The format for any papers filed with the Yolo Superior Court shall conform to Rule 3.1110 of the California Rules of Court.

 

Length of Filings. The length of any motion or other document filed with the Yolo Superior Court shall conform to the limits set forth in Rule 3.1113(d) of the California Rules of Court. A party may apply to file a longer pleading pursuant to Rule 3.1113(d) of the California Rules of Court.

 

Citation of Authority. Pursuant to Rule 3.1113(h) of the California Rules of Court, if any authority other than California cases, statutes, constitutional provisions or State or local rules is cited in any motion or memorandum of points and authorities, a copy shall be attached to the papers in which the authorities are cited and tabbed as exhibits. If a California case is cited before the time it is published in the Advance Sheets of the Official Reports, a copy of that case shall also be attached and tabbed. (Effective January 1, 2007)

 

DEADLINE FOR FILING
Unless otherwise ordered by the Court or specifically provided for by law, all
moving and supporting papers shall be served and filed pursuant to provisions of
Rule 3.1300 of the California Rules of Court and Code of Civil Procedure section
1005. (Effective January 1, 2007)

 

LAW AND MOTION
Calendar. The law and motion calendar shall be called at such time as is designated by the Presiding Judge. Parties shall call the civil legal process unit in advance of setting any matter on calendar (1) for availability, and (2) to reserve
the date.


Time Limit. Hearings on the law and motion calendar are limited to ten minutes and may be further limited to accommodate the court's calendar. Any law and motion matter that requires more than ten minutes may be designated as a short cause or long cause matter and assigned to a specified time at the convenience of the court.

 

Ruling Without Hearing. In appropriate circumstances, the Court may
on the issues before it solely on the pleadings and without argument or further
testimony.

 

Continuances. Upon stipulation by all parties, or upon request of
moving party with appropriate notice, law and motion matters may be continued
once by the clerk at least two (2) court days prior to the matter being heard.
Party seeking a continuance that is not received timely shall appear in court at
time set for hearing and request such from the judge to whom the matter has been
assigned.

 

Drops. When a matter is to be dropped from the law and motion calendar,
the moving party shall promptly notify the clerk's office, but in no event shall
notice be later than two (2) court days before the hearing. (Effective January 1, 2007)

 

TENTATIVE RULINGS
The procedure for tentative rulings of Yolo Superior Court follows Rule 3.1308(a)(1) of the California Rules of Court. Tentative rulings for the next court day will be available on a recorded message and on the Court's web site after 2:00
p.m. The recorded message and web site will provide the appropriate telephone numbers to call in order to give notice of intent to appear. (Effective January 1, 2007)

 

DEFAULT JUDGMENTS
A party seeking a default judgment shall comply with Rule 3.1800(a) of the California Rules of Court. (Effective January 1, 2007)

 

ATTORNEY FEES
Pursuant to Rule 3.1800(b) of the California Rules of Court, attorney fees may be awarded in the case of a default judgment as follows:

 

Exclusive of costs and interest,

  • Twenty-five percent (25%) of the first two thousand dollars ($2,000 awarded as damages with a minimum fee of three hundred dollars ($300);
  • Twenty percent (20%) of the next four thousand dollars ($4,000);
  • Fifteen percent (15%) of the next four thousand dollars ($4,000);
  • Ten percent (10%) of the next ten thousand dollars ($10,000dollars);
  • Five percent (5%) of the next thirty thousand dollars ($30,000);
    and
  • Two percent (2%) of amounts in excess of the first fifty thousand dollars ($50,000), on the next one hundred thousand dollars ($100,000); and
  • The Court, in its discretion, will fix fees for recoveries in excess of one hundred fifty thousand dollars ($150,000). (Effective January 1, 2007)


ATTORNEY FEES IN UNLAWFUL DETAINER CASES
In an unlawful detainer case where the amount in controversy is less than twenty five thousand dollars ($25,000), the attorney's fees for a court trial or for a default judgment obtained at the time of trial shall not exceed three hundred fifty dollars ($350).
The attorney's fees for an unlawful detainer action where a judgment is obtained and no hearing has been calendared shall not exceed two hundred twenty-five dollars ($225). (Effective January 1, 2007)

 

MOTIONS FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION OF ISSUES
All motions for summary judgment or summary adjudication of issue(s) shall conform to the requirements of the Code of Civil Procedure 437(c) and Rules 3.1350, 3.1352 and 3.1354 of the California Rules of Court. (Effective January 1, 2007)


SUBSTITUTION IN PROPRIA PERSONA
No substitution of a party as attorney in propria persona will be filed unless it contains the mailing address and telephone number of the party. The substitution shall be accompanied by proof of service on all other parties. (Effective January 1, 2007)


SELF-ADDRESSED STAMPED ENVELOPES
Anyone submitting documents for filing who desires the return of file-stamped copies shall provide the clerk with a self-addressed, postage-paid envelope of sufficient size. If no such envelope is provided, the documents will be placed in the attorney's pick-up box located in the Clerk's office. Documents placed in the attorney's box shall be claimed within thirty (30) days or they will be discarded without notice. (Effective January 1, 2007)

 

STATE BAR AND FACSIMILE NUMBERS
All attorneys shall include their facsimile number, if any, and bar number on all
filings, correspondence or documents submitted to the court. (Effective January 1, 2007)

 

FEE WAIVERS
Duration: An order waiving fees obtained pursuant to Rules 3.50 through 3.63 of the California Rules of Court and Governmental Code section 68630-68641 shall expire one (1) year from the date signed or 60 days after judgment, dismissal or other final disposition is entered. This shall not in any way diminish the obligation of the person receiving the waiver to notify the court promptly of any change in financial circumstances affecting his or her ability to pay court fees and costs.

 

Request for Copies: The Court will provide a single copy of any reasonably necessary document contained in the file to a party who has received a fee waiver. Further copies without charge require a court order based on a showing of good
cause. (Effective January 1, 2007)

 

SHORT CAUSE MATTERS
Upon stipulation, or request of the moving party with notice to any previously
noticed party and an order signed by the judge, any short cause matter as defined
in Rule 3.735(a) of the California Rules of Court may be continued once any time
prior to three (3) court days before the hearing. A request for continuance made
three (3) court days or less before the hearing date shall be made upon ex-parte
motion before the presiding judge. (Effective January 1, 2007)

 

LONG CAUSE MATTERS
All continuance of long cause matters shall meet the standard for trial continuances under Rule 3.1332 of the California Rules of Court. (Effective January 1,2007)

 

PROOF OF SERVICE
Pleadings and proofs of service shall be filed and served in compliance with Rule 3.1300 of the California Rules of Court or the court may elect to drop the matter from calendar at its discretion. It is preferred that a proof of service be attached to each document filed, rather than filing separate proofs of service. (Effective January 1, 2007)