RULE 2. LAW AND MOTION MATTERS
This Rule applies to all civil Law and Motion proceedings. (Eff. 01/01/09)
2.2FORM OF PLEADINGS PRESENTED FOR FILING
All documents presented for filing must comply with California Rules of Court, in particular California Rules of Court §§ 311 through 315. (Eff. 01/01/09)
At the time a Motion is filed in a civil case, it shall be accompanied by a Proposed Order. If there is opposition to the Motion, a Proposed Order on behalf of the opposing party shall accompany the Opposition Memorandum. (Eff. 01/01/09)
Law And Motion. Civil Law and Motion matters are heard in Department I generally on the second and fourth Fridays of the month at 9 a.m. and should be calendared accordingly. If counsel believe that the matter to be heard will take more than 10 minutes, counsel should contact the Court to schedule a longer hearing (530- 289-3698). Such hearings are generally set on Wednesday afternoons. (Eff. 01/01/09)
2.5CONTINUANCES (CIVIL LAW AND MOTION ONLY)
Requests to Continue. Requests to continue should be noticed for the case management conference calendar. If there is insufficient time to notice the request on a regular civil law and motion day, counsel should contact the Court at (530) 289-3698 to specifically set the request. Counsel may appear in person or telephonically for this request. A stipulation by the parties to continue the hearing/trial date is not sufficient. (Eff. 01/01/09)
2.6APPLICATION FOR ORDER SHORTENING TIME AND EX PARTE ORDERS
(a) Good Cause. All applications for ex parte orders, including orders shortening time, shall be supported by an affidavit or declaration showing good cause for the order, and, where applicable, shall comply with California Rules of Court § 379.
(b) Application For Ex Parte Orders. An application for an order shall not be made ex parte unless it appears by affidavit or declaration:
(1) That, within a reasonable time before the application, the party or counsel informed the opposing party or opposing party’s counsel when and where the application would be made; or,
(2) That the party in good faith attempted to inform the opposing party or the opposing party’s counsel but was unable to do so, specifying the efforts made to inform them; or,
(3) That, for reasons specified, the party should not be required to inform the opposing party or the opposing party’s counsel. (Eff. 01/01/09)
General Policy. The policy of the law is one of liberality in allowing discovery. Doubt will be resolved in favor of permitting discovery. It is also the policy of this Court that discovery be conducted in the most expeditious and least expensive manner. To that end, the Court will entertain motions for protective orders seeking relief from oppressive discovery and may grant monetary and other sanctions against evasive, uncooperative and dilatory counsel who make or oppose motions without substantial justification. Similarly, the Court will expect counsel to attempt to resolve any differences prior to filing any motions and, if a motion is filed, prior to the hearing. (Eff. 01/01/09)
2.8ATTORNEY FEES IN CIVIL ACTIONS OR PROCEEDINGS
(a) Promissory Notes And Contracts Providing For Fees. In actions on promissory notes and contracts providing for payment of attorney fees, whenever a prevailing party is entitled to recovery of reasonable fees, then the following schedule will be considered by the Court in awarding such fees:
(1) Default Action: 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 ($10,000);
- 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).
(2) Contested Action: The same amount as computed under subpart 2.8a(1) above, increased by reasonable compensation (computed on an hourly or per-day basis) for any additional research, general preparation, trial, or other services, as may be allowed by the Court.
(b) Attorney Fees When Defendant Is The Prevailing Party. When the defendant is the prevailing party, the fees will be reasonable compensation (computed on an hourly or per-day basis) for research, general preparation, trial, or other services rendered, as may be allowed by the Court.
(c) Clerk’s Calculation Of Reasonable Attorney Fees. When a prevailing party is entitled to the recovery of reasonable attorney fees in an otherwise appropriate clerk’s judgment, the clerk will include attorney fees computed pursuant to the fee schedule included in this Rule.
(d) Determination Of Attorney Fees In Excess Of Schedule. When a party claims attorney fees in excess of those allowed by this Rule, then an application for attorney fees must be made to the Court; the application must be supported by declarations setting forth the factual basis for the claimed fees. The fees will be fixed thereupon by the Court. (Eff. 01/01/09)