DEPARTMENT NO. 2
Marie S. Weiner, Judge
Department Line: (650) 261-5102
Complex Court FAX: (650) 369-3762
Effective January 1, 2006, then Presiding Judge George A. Miram dedicated the Court's Central Branch Courthouse located at 800 North Humboldt Street, San Mateo, California 94401("Complex Court") to complex civil litigation. Judge Weiner is currently assigned as the Court's Complex Civil Litigation Judge ("Complex Judge").
Local Rule 2.30 governs the procedure for the determination of complex case designation. This rule should be read and followed carefully.
The Presiding Judge decides whether an action is complex within the meaning of California Rules of Court, Rule 3.400, subdivision (a), and whether it shall be assigned to a single judge for all purposes. Any party seeking a complex designation must complete, file, and serve a Certificate Re: Complex Case Designation. The certificate must include supporting information showing a reasonable basis for the complex case designation being sought. The Clerk of the Court will then set a Status Conference at which the Presiding Judge shall decide whether or not the action is complex.
If the Presiding Judge designates the action as complex and assigns it to the Complex Judge, counsel will be directed to contact the Complex Judge's clerk to set a date for the initial Case Management Conference. The regular Case Management Conference date set upon commencement of the action will be vacated.
AFTER ASSIGNMENT TO THE COMPLEX COURT
General Management. In general, cases assigned to the Complex Court shall be managed in accordance with the principles set forth in the Deskbook on the Management of Complex Civil Litigation (Judicial Council of California) ("Deskbook"). A copy of the Deskbook can be obtained by calling LexisNexis at (800) 833-9844.
Filing Papers. Once an action has been assigned to the Complex Court, any and all subsequently filed papers shall be filed in either the Court's Central Branch Courthouse in San Mateo or the Court's main courthouse in Redwood City. Two sets of courtesy copies shall be provided directly to the Complex Court, one for the judge and another for the research attorney.
Case Management Conferences. Upon assignment to the Complex Judge, an initial Case Management Conference shall be set as soon as reasonably practicable. Matters that may be discussed at this initial Case Management Conference include those set forth in the Suggested Agenda Items to Consider at Initial Case Management Conference Held in Complex Civil Cases. Subsequent Case Management Conferences will be scheduled and held on a regular basis. Case Management Conferences shall be set on Mondays at 10:00 a.m. or such other time as the assigned Complex Judge may designate. The parties are required to file and serve a Case Management Conference Statement at least five (5) court days prior to each Case Management Conference. This statement should be on pleading paper, shall not exceed five (5) pages in length, and shall briefly describe important points which the parties wish to bring to the Complex Court's attention in preparation for the hearing. The parties do not have to file and serve any Case Management Statement in the Judicial Council form for the initial or any subsequent Case Management Conference scheduled in the action. The parties are required to meet and confer with opposing counsel prior to each and every Case Management Conference and are strongly encouraged to submit a joint Case Management Conference Statement.
ADR. The Complex Court expects the parties to agree to and fully participate in some form of appropriate dispute resolution ("ADR"). Counsel should be prepared to discuss at the initial Case Management Conference their preferred ADR process and include in their meet-and-confer discussions with opposing counsel an attempt to agree upon a particular neutral. The Court will be directing counsel to contact staff of the Court's Multi-Option ADR Project ("MAP") to document their agreement on the appropriate court forms.
Model Stipulated Protective Orders. For the ease of the parties and to assure compliance with the requirements of California Rules of Court, Rules 2.550 and 2.551, the Complex Court has adopted two model stipulated protective orders. If only one level of confidentiality is desired, the Stipulation and Protective Order Regarding Confidential Information (Single Level of Confidentiality) may be used. If there is a need to shield some confidential information from the parties, the Stipulation and Protective Order Regarding Confidential Information (Double Level of Confidentiality) may be used. Use of these model stipulated protective orders is recommended but not required.
Discovery. In order to assure the professional and efficient conduct of depositions, the Complex Court has issued a Standing Order Re: Conduct at Depositions. Counsel are expected to familiarize themselves with and comply with the mandates of this order.
Law and Motion. Law and motion matters will be heard on Mondays at 9:00 a.m. or such other time as the assigned Complex Judge may designate. Prior to filing moving papers, counsel must first reserve the hearing date with the Clerk for the Complex Judge to which the case has been assigned and clear the date with opposing counsel. To allow sufficient review of all papers before the hearing and unless otherwise specifically provided by law (e.g., Code of Civil Procedure section 437c), the time periods under subdivision (b) of Code of Civil Procedure section 1005 are extended by two (2) court days as follows: (a) moving papers to be filed and served at least eighteen (18) court days before the hearing; (b) opposition papers to be filed and served at least eleven (11) court days before the hearing; and (c) reply papers to be filed and served at least seven (7) court days before the hearing. No tentative rulings will be provided on the court day prior to the hearing; however, the assigned Complex Judge will provide counsel with a written or oral tentative ruling prior to or at the commencement of the hearing so that counsel may better focus their arguments and/or address any specific concerns of the assigned Complex Judge.
Court Call. Except for hearings at which the assigned Complex Judge has explicitly required personal appearances, counsel may make a telephonic appearance at any hearing through the facilities of CourtCall, LLC. To do so, counsel must submit to CourtCall a Request for Telephonic Appearance Form and pay a fee for each CourtCall appearance. Request forms and an instruction sheet entitled "How to Use CourtCall" can be obtained by calling the CourtCall Program Administrator at (310) 572-4670 or toll-free at (888) 882-6878.