Local Rules of the Superior Court of California, County of Alameda DIVISION VI: FAMILY LAW

CHAPTER 11 - GENERAL

All Family Law Actions and Proceedings filed in the Superior Court of California, County of Alameda are governed by this Chapter 11.

1. Assignment of Actions:

The Superior Court of California, County of Alameda will designate certain departments as Family Law Departments from time to time. All proceedings filed in the following matters shall be heard in these departments:

                        A. Family Law Act, Family Code Sections 1-2000, Sections 2001 to 2452, 250 - 2660, 3000-3204, 3500-4749;

                        B. Uniform Divorce Recognition Act, Family Code Sections 2090-2093;

                        C. Uniform Child Custody Jurisdiction Act, Family Code Sections 3400-3425;

                        D. Uniform Parentage Act, Family Code Sections 7600-7730;

                        E. Domestic Violence Prevention Act, Code of Civil Procedure Sections 6200 et seq.;

                        F. Child Support Petitions, Family Code Sections 7600-7730.

                        G. Uniform Interstate Family Support Act, Family Code sections 4900-4976;

                        H. Post-dissolution actions involving omitted or reserved property issues;

                        I. Non-marital property actions consolidated for trial with Family Law Act actions;

                        J. Contested Guardianship of the Person of a Minor;

                        K. Enforcement of Sister State and Foreign Family Law Judgments.

These proceedings include the following:

            (1) Order to Show Cause or Motion Re Temporary Child Custody, Temporary Child Support, Temporary Spousal Support, Visitation, Injunctive Relief, Other Relief, Attorney Fees and Costs, Sanctions and related matters;

            (2) Motion, Order to Show Cause or Stipulation for Modification of an Existing Order or Judgment;

            (3) Order to Show Cause Re Contempt;

            (4) Discovery;

            (5) Motion on Reserved Issues;

            (6) Ex Parte Application;

            (7) Request for Restraining Order;

            (8) Motion to Quash Service or Dismiss Proceeding;

            (9) Motion to Vacate or Set Aside Judgment;

            (10) Motion to Quash or Stay Writ of Execution;

            (11) Motion for Bifurcation; if Status only, for Trial for Judgment of Dissolution at Time of Hearing to Bifurcate Status;

            (12) Motion for Joinder;

            (13) Motion to Strike Joint Status Report

            (14) Motion to Strike Settlement Conference Statement;

            (15) Motion for Change of Venue;

            (16) Motion to Amend Pleading;

            (17) Motion to Consolidate a Non-Marital Property Action with a Family Law Act Action;

            (18) Motion to Establish Valuation Date;

            (19) Motion to Advance, Continue or Drop a Hearing, Settlement Conference or Trial Date;

            (20) Motion to Withdraw as Attorney;

            (21) Settlement Conference;

            (22) Trial;

            (23) Post-Hearing or Post-Trial Motion for Enforcement of Order of Judgment;

            (24) Motion or Ex Parte Application for Wage Assignment;

            (25) Motion for Judgment;

            (26) Notice of Motion for Judicial Review of License Denial

2. Family Law Discovery:

                        A. Family Law discovery motions shall be heard in the department to which the action is assigned on such calendar as the judge designates.

                        B. Family Law discovery motions shall be subject to the provisions of C.C.P. 2016 et seq. and California Rules of Court, Rule 3.1100 et seq.

3. Conduct of Hearings on Orders to Show Cause and Notice Motions; Filing Requirements and Contents of Pleadings:

                        A. Prior to the date of the hearing, the attorneys and the parties shall meet and confer (by telephone and/or in person) in good faith to review the issues pending before the Court and to inspect documents and exchange information in order that issues may be resolved, facts may be agreed to by stipulation, and those issues remaining may be clearly delineated and presented to the Court at the time of hearing. In the Court's discretion, it may refuse to admit in evidence documents and information not exchanged prior to the hearing. When the hearing is called, the attorneys for the parties shall advise the Court what issues have been settled by agreement and what issues remain contested.

                        B. All pleadings in Family Law matters shall be in the form prescribed by California Rules of Court, Rule 5.118.

                        G. A request for continuance shall be made by noon two court days prior to the hearing. A request for continuance at the time of the hearing shall be looked upon with disfavor and the court may impose a $100 sanction for such a request. Once a matter has been set for hearing, no more than two continuances shall be granted by the Family Law Division, and, in the absence of good cause, the matter shall be dropped from the calendar.

                        I. If service is not timely effected, a new hearing date may be obtained from any Family Law Division and an Order to Show Cause may be re-issued by filing the Application and Order for Reissuance of Order to Show Cause (Judicial Council Form FL – 306/JV – 251).

                        J. Moving and responsive pleadings shall be filed directly with any Family Law Division in the clerk’s office (and not in the courtroom) in any family law action pending in Alameda County. Additional pleadings by the moving party and responsive pleadings by the responding party shall be served and filed in accordance with the Rules of Court no less than five days prior to the hearing unless the time for filing of such pleadings has been shortened by court order. The court, in its discretion, may refuse to consider papers not filed in compliance with this rule.

            1. Contents and filing of application: A request for telephone appearance shall be made by filing an ex parte application at least 12 court days prior to the hearing. The request shall be made on the mandatory Judicial Council Form - FL-679 - REQUEST FOR TELEPHONE APPEARANCE (Governmental). The application and declaration shall include: 1) the reason for the request; 2) a completed Income and Expense Declaration with all schedules and supporting documents; 3) any other documents required to be filed for the hearing; and 4) a telephone number that accepts collect calls and messages where the party can be reached for notification of the court ruling on the request.

            2. Notice: The party or witness filing the request shall give notice by personal delivery, fax, express mail or other means reasonably calculated to ensure delivery by the close of the next court day to all other parties, the local child support agency and attorneys, if any. The court will not consider a request unless the Proof of Service (page 3 of 4 of Judicial Council Form - FL-679) has been completed at the time of the request.

            3. Time to respond: A party may file any objection to the request for telephone appearance at least eight court days prior to the hearing. The objection shall be filed on pleading paper and shall include the hearing date and department.

            4. Order: The court will decide whether to grant the request based on the papers filed. If the request is granted, the court clerk will notify the party or witness who filed a request and any party or agency filing a written opposition by telephone, fax, express mail, or e-mail at least five court days prior to the hearing. The party or witness making the request shall notify all other parties, the attorneys, if any, and the local child support agency when the court grants the request. If the court clerk does not contact the party or witness making the request at least five court days before the hearing, the party or witness shall assume the court denied the request. Any order granting a telephone appearance shall pertain only to the hearing date for which the request was made. The court, in its discretion, may allow a telephone appearance at a continued, review or further hearings without an additional request so long as the financial information of the requesting party on file with the court remains accurate and complete.

            5. Hearing procedures: If the court grants the request for a telephone appearance, the party or witness appearing by telephone shall contact the courtroom between 8:30 AM and 9:00 AM on the date of the hearing, when they will be advised of the time to re-call the court for the actual hearing. The person appearing by telephone must call from a location where s/he can appropriately participate in the hearing and can clearly communicate without interruption. If a party fails to contact the court for any reason, the court will proceed with the hearing as if the party failed to appear.

            6. Exceptions: A telephone appearance is not permitted for any of the following:

            a. Contested trials, contempt hearings, orders of examination, and any matters in which the party or witness has been subpoenaed to appear in person; and

            b. Any hearing or conference for which the court, in its discretion on a case-by-case basis, decides that a personal appearance would materially assist in a determination of the proceeding or in resolution of the case.

4. Voluntary Settlement Conference

                        B. In order to participate in this procedure, the parties shall file in the department to which the action is assigned a Joint Request for Voluntary Settlement Conference, which shall provide as follows:

            (1) If the action is calendared for settlement conference and trial, specify the dates and times for the settlement conference and trial. If the action is not calendared for settlement conference and trial, so state.

            (2) Prior to the filing of the Joint Request, the parties met and conferred in a good faith effort to settle the contested issues, and the probability of settling any remaining contested issues is substantial with the assistance of the Court in a Voluntary Settlement Conference.

            (3) A summary statement of the contested issues and the respective positions of the parties on these contested issues.

            (4) A statement that discovery has been completed on the contested issues.

            (5) The parties and the attorneys are available for a Voluntary Settlement Conference at 1:30 p.m. on the following dates: (Specify dates)

                        C. After the Joint Request is filed, the action shall be set by the Family Law Department and the parties notified.

5. Mandatory Settlement Conference and Trial:

                        A. Purpose of Rules and Duties of Attorneys: The purpose of these rules is to insure that contested Family Law matters are thoroughly prepared and expeditiously processed and to avoid using the trial itself as a vehicle for what should be pretrial deposition, discovery and settlement procedures. Pursuant to Rule 11.7, and except for good cause shown, the Court shall impose a sanction in the amount of $200.00, if an attorney or a party fails to comply with the provisions of these rules regarding meetings and contents of statements. Unless otherwise ordered, the sanction shall be paid to the Court. This sanction is in addition to any other sanction the Court may impose pursuant to Rule 11.7

                        B. There shall be no distinction between long cause and short cause matters.

                        C. An At-Issue Memorandum and the proof of service of preliminary declaration of disclosure shall be filed and served before any contested case may be set for settlement conference and for trial.

                        D. A mandatory settlement conference shall be held in all contested cases. Each party and the attorney who will try the case for each party shall personally attend the settlement conference, unless an appearance is excused by the Court prior to the conference.

                        E. A settlement conference or a trial may be continued only by order of Court and the payment of the continuance fee.

            F. Joint Statement of Agreed and Contested Issues, Separate Settlement Conference Statement:

            (1) No later than thirty days before the settlement conference, the attorneys and the parties shall meet and confer in good faith to settle all issues on a case.

            (2) If the parties and their attorneys elect to file a Joint Statement of Agreed and Contested Issues, it shall be filed and served no later than four (4) days before the settlement conference.

            (3) On contested issues, the Joint Statement shall set forth separately for each party the information required for a Separate Settlement Conference Statement in accordance with these rules.

            (4) If the parties are unable to agree on a Joint Statement, each party shall file and serve a Separate Settlement Conference Statement in accordance with these rules. For all Family Law Departments, separate settlement conference statements must be filed not later than four court days prior to the settlement conference.

            (5) The time for filing a Joint Statement, a Separate Settlement Conference Statement or an Amendment to either may be extended only by order of Court.

                        G. Contents of Joint Statement on Contested Issues and Separate Settlement Conference Statement:

The Joint Statement on Contested Issues, the Separate Settlement Conference Statement and any amendment shall be in the form prescribed by these Rules, and they shall contain the information set forth in the following numbered paragraphs, if applicable, and, if not applicable, the Statement shall reflect that a numbered paragraph is inapplicable. A Statement shall set forth in the caption the date and time of the Settlement Conference and trial. The Court, in its discretion, may refuse to accept a Statement that does not comply with the following format:

            (1) Joint Statement Compliance:

              (a) If the parties have failed to prepare and file a Joint Statement in accordance with these rules, summarize attempted compliance activity including dates of meetings or discussions and total time spent in attempted compliance.

              (b) Summarize Uncontested Issues.

            (2) Statistical Facts:

              (a) Date of marriage; date of separation; length of marriage in years and months.

              (b) Number and ages of minor children.

              (c) Ages of parties.

              (d) Issues as to statistical facts.

            (3) Child Custody and Visitation:

              (a) Existing custody and visitation status.

              (b) Proposal for custody and visitation and all material facts in support of the proposal.

            (4) Child Support:

              (a) Existing Order for Child Support.

              (b) Proposal for child support setting forth the gross and net monthly income and expenses of each party.

            (5) Spousal Support:

              (a) Existing Order for Spousal Support.

              (b) Proposal for spousal support setting forth the gross and net monthly income and expenses of each party.
(c) A full analysis of the material facts of the case as they relate to the factors set forth in Family Code Section 4320.

            (6) Statement of Contested Property Issues:

              (a) List each item of property, real or personal, and for each item of property furnish the following information, if relevant to the contested issue:

   (i) The date it was acquired;

   (ii) The manner in which title is vested;

   (iii) Whether it is community property, separate property, a mixture of the two or quasi-community property;

   (iv) All material facts and law in support of the party's characterization of the property as either community property, separate property, a mixture of the two, or quasi-community property;

   (v) The current fair market value of the property, the nature, extent and terms of any encumbrance against the property and the current net equity in the property;

            (7) Debts or Obligations:

              (a) All debts or obligations of the parties that are liabilities of the community and debts or obligations of the parties that are separate liabilities of the respective parties. State the name of the creditor, the balance due on the date of separation, the current balance and the nature, extent and terms of any security for the debt.

              (b) If there is a claim for reimbursement, list the name of the creditor, the total amount paid, the source from which payment was made and whether the payment was made after the date of separation.

              (c) Summarize any Existing Order for Reimbursement.

            (8) Attorney's Fees, Expert's Fees, and Costs:

              (a) Summarize any Existing Orders.

              (b) Amounts paid by a party on account of the other party's attorney's fees, expert's fees and costs and balances due for such fees and costs.

              (c) Amounts paid by party on account of his or her attorney's fees, expert's fees and costs and balances due for such fees and costs.

            (9) Documents, Schedules, Summaries and Expert Reports:

              (a) Attach copies of all appraisals and reports of experts to be offered at the time of trial.

              (b) List and describe all documents, schedules or summaries to be offered at the time of trial.

              (c) In the numbered paragraph of the Statement which a document, schedule, summary, expert report or appraisal is relevant, provide a brief statement summarizing its contents and purpose.

              (d) Failure to comply with this provision may result in an order precluding the document, schedule, summary, report, appraisal or testimony of the expert from being admitted into evidence at the time of trial.

              (e) Set forth the name and business address of any expert witness whom a party intends to call at the time of trial.

            (10) Documents, Schedules, Summaries and Non-Expert Witnesses:

              (a) Set forth the name and address of any other witness whom a party intends to call at the time of trial.

              (b) In the numbered paragraph of the Statement to which the testimony is relevant, provide a brief statement setting forth the substance of the testimony.

              (c) Failure to comply with this provision may result in an order precluding the testimony of the witness at the time of trial.

            (11) Points and Authorities; Legal Argument:

              (a) All Points and Authorities or legal argument on which a party intends to rely shall be set forth in the numbered paragraph of the Statement to which they are relevant.

            (12) Income and Expense Declaration:

              (a) A current Income and Expense Declaration in accordance with Judicial Council of California Form FL-150 shall be completed as to each item and attached to the Statement. A party may not rely on a previously filed Income and Expense Declaration.

            (13) Property Declaration:

              (a) A current Property Declaration (Family Law) and necessary Continuation Declarations in accordance with Judicial Council of California Forms FL-160 and FL-161 shall be completed and attached to the Statement.

            H. Expert Witnesses:

            (1) A party intending to produce evidence at the time of trial through the testimony of an expert witness must disclose the following information to the other party at least thirty days before trial:

              (a) Name of the expert;

              (b) Business address of the expert;

              (c) Statement of qualifications of the expert;

              (d) The issue upon which the expert will offer testimony.

            (2) If an expert is retained by a party less than thirty days prior to trial, the information set forth in paragraph (1) above shall be provided to the other party forthwith but no later than fifteen days before trial.

            (3) Any written report of an expert who will testify at the trial shall be delivered to the other party as soon as it becomes available no later than fifteen days before trial.

6. Request for Signed Orders:

                        A. An Order to Show Cause, an Order Shortening Time, or a Request for a Domestic Violence Temporary Restraining Order delivered to the Family Law Division assigned to the appropriate department before 10:00 a.m. each day may be picked up at 3:30 p.m. that day if the business of the Court allows. Any of these documents delivered for signature to a department after 10:00 a.m. may normally be picked up the following day at 11:30 a.m. The Court will not depart from these Rules for the signing of these documents except in an actual emergency.

                        B. A request for any other Temporary Restraining Order or an Ex Parte Order may be picked up by 3:30 p.m. following compliance with the time restrictions set forth in California Rules of Court, Rule 379 and Alameda County Local Rule 11.07 below.

7. Applications for Ex Parte Orders or Early Hearing Dates and Orders Shortening Time:

A Declaration in Support of an Application for an Ex Parte Order or an Early Hearing Date and Order Shortening Time shall state particular facts within the declarant's knowledge in support of the relief requested. This shall include the date, time, place, and persons present at any alleged act described in the declaration. A brief statement of ultimate facts or conclusions shall be inadequate for the requested relief. A Declaration in Support of an Order Excluding a Party from the Family Residence shall include a statement of the present residence address of each party unless good cause exists for its omission. An Application for an Ex Parte Order shall also contain a statement as to why a noticed hearing with an Order Shortening Time is not sufficient for the relief requested.

B. Notice: Unless notice of the application for Temporary Restraining Orders would frustrate the purpose of the order or would place the applicant or others in danger or cause irreparable harm, the moving party shall give twenty-four (24) hours’ notice to the other party so that the other party shall have an opportunity to present opposing declarations. In accord with Rule of Court 379, the twenty-four hour period commences to run at 10:00 a.m. following the time when the opposing party or counsel is served personally or by facsimile with a copy of the application and proposed order together with all supporting declarations and exhibits. Service

by facsimile shall be deemed complete upon transmission, provided such service is completed within the hours of 9 a.m. to 5 p.m. on court days. Otherwise, it shall be deemed completed at the beginning of the next court day.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ALAMEDA

In re Marriage of: Case No.:

DECLARATION RE: NOTICE UPON

Petitioner, EX PARTE APPLICATION FOR ORDERS

and

DATE OF SERVICE:

TIME OF SERVICE:

Respondent. METHOD OF SERVICE:

____________________________/

I, , declare the following:

1. I am an attorney of record for Petitioner/Respondent in the within action.

2. Pursuant to local rules of Court, I have given notice of the present application for ex parte orders to in the following manner:

(a) by letter (mailed/personally delivered) at (a.m./p.m.) on .

(Attach proof of service.)

(b) by transmittal via facsimile at a.m./p.m. on ,

200__, to facsimile number which I know to be the facsimile number of the person served because

(Attach a copy of transmittal report.)

3. I have received the following response to said notice (describe):

4. I have not given notice of the present application for ex parte Orders for the following reason(s) indicated:

(a) Notice of this ex parte application would frustrate the purpose of the orders sought herein for the following reason(s):

(c) I made the following reasonable and good faith efforts to notify the adverse party and further efforts to give notice would probably be futile or unduly burdensome (describe in detail):

(d) Other (describe in detail):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and this declaration was executed on ,

200 .at , California.

            8. Miscellaneous Provisions:

                        A. After a trial or hearing, the party directed by the court shall prepare the judgment or order in accordance with the court's decision within 30 days and submit it to opposing counsel or if there is no opposing counsel to the party under the legend "Approved as Conforming to the Court's Order." If not so approved, the preparing party shall submit it to the court with a cover letter explaining why it is submitted without such approval and showing that a copy of the letter has been sent to opposing counsel or (if no attorney) party.

                        B. A judgment or order for child custody, child support or spousal support shall set forth in full all the terms of the order, including commencement and termination dates of a support order, in the body of the judgment or order, and such terms shall not be incorporated by reference from an agreement or other document. It shall also comply with the requirements of Family Code Section 3048. The court will not sign and file a stipulated order, order after hearing or judgment which includes any provision regarding child support unless a completed Child Support Case Registry Form (FL-191) is provided.

                        C. Attorney's fees, expert's fees and costs pursuant to statutes and current case law shall be awarded at the earliest stage in a Family Law proceeding and throughout the succeeding stages of the proceeding to insure that each party shall enjoy effective representation and equal access to the court for a just and expeditious resolution of the action.

            (1) If at any time during the course of Family Law proceedings a party is requesting attorney's fees, the party shall set forth the amounts received by the requesting party from the other party and the additional amounts requested. If the request exceeds $1,000 for attorney's fees, it must be supported by a declaration by the attorney for the party setting forth the nature and extent of professional services rendered and the attorney's most recent statement of account to the party.

            (2) If a party is requesting expert's fees, the party shall set forth the amount incurred for the expert, the amount paid to the expert, the source of the payment and a balance due. If the request exceeds $1,000, it must be supported by a declaration by the expert who has rendered the services setting forth the nature and extent of the services rendered and the total fees incurred.

            (3) If the request is for costs, it must be supported by a declaration setting forth the nature and the amount of the costs incurred.