Judge Richard L. Fruin
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
CMC Statement
- 1 copy • Upon Filing
CMC Statement, Demurrer, Motion, Opposition, Reply, FSC Document, Proposed Order
- Upon Filing
Ex Parte Application, Opposition
Exhibits
- 3 copies • Four Court Days Before FSC
Page & Word Limits2 rules
A request for an Informal Discovery Conference must be made by a joint brief not exceeding 5 pages.
- Joint brief
- Up to 5 pages
Court's wording
The request shall be made by a joint brief not to exceed 5 pages to be submitted via e-filing and shall include three (3) proposed dates for the IDC to be held and shall state all reasons for the request.
The request shall be made by a joint brief not to exceed 5 pages to be submitted via e-filing and shall include three (3) proposed dates for the IDC to be held and shall state all reasons for the request.
- Joint brief
- Up to 5 pages
Document Format Requirements2 rules
Exhibits to be used at trial should be provided in binders.
- Exhibits
Formatting
- •Trial exhibits must be provided in binders
EXHIBIT BINDERS: Exhibits to be used at trial should be provided in binders. Three exhibit binders should be prepared for Court use: one to be used by the witnesses; one for the Judicial Assistant and another for the judge.
Document Filing Requirements9 rules
Upon reservation, CRS will issue a confirmation number and that number is to be indicated in the filing caption for ALL motion documents, including oppositions and replies.
- Document
- Motion
- Placement
- Caption
All hearing dates are to be scheduled via the online Court Reservation System (CRS). Upon reservation, CRS will issue a confirmation number and that number is to be indicated in the filing caption for ALL motion documents, including oppositions and replies.
- Document
- Motion
- Placement
- Caption
Ex-Parte applications require a showing of urgency.
- Document
- Ex parte application
Must include
- •Showing of urgency
IDC requests must be joint and stipulated by all parties, submitted via e-filing, and must include three proposed IDC dates and state all reasons for the request.
Court's wording
Department 307 will consider conducting an Informal Discovery Conference upon submission of a joint request stipulated upon by all parties. The request shall be made by a joint brief not to exceed 5 pages to be submitted via e-filing and shall include three (3) proposed dates for the IDC to be held and shall state all reasons for the request.
Witness lists must identify witnesses to be called at trial 'above the line' and witnesses not to be called 'below the line.'
Court's wording
For the list of witnesses, those witnesses that a party intends to call at trial should be identified “above the line” and those witnesses the party does not intend to call at trial should be listed “below the line.”
CMC statements (Judicial Council form #CM-110) should be filed at least 15 calendar days prior to the CMC [CRC Rules 3.720-3.730] with a courtesy copy provided to the department upon filing.
Counsel are to cooperate so that exhibits to be offered by both sides are identified with the same exhibit number. Discovery instruments and discovery responses are not trial exhibits and are not to be included on the Exhibit List. If a party intends to introduce individual pages of a larger document, the individual pages should be given individual exhibit numbers.
Settlement agreements should include a provision of CCP §664.6.
- Document
- Settlement agreement
Should include
- •Provision of CCP §664.6
Motions to compel must show the discovery instrument has narrow and specific demands, including good cause under CCP 2031.310(b)(1) and that the demand is not unreasonably cumulative and duplicative under CCP 2031.310(g).
Court's wording
The Court expects the party moving to compel responses or further responses to show that the discovery instrument has narrow and specific demands. Requests for production of documents and subpoenas duces tecum must comply with CCP 2031.310(b)(1) to provide “specific facts showing good cause justifying the discovery sought by the demand” and with CCP 2031.310(g) in showing the demand is not “unreasonably cumulative and duplicative.”
Filing & Service rules
Electronic Filing Rules
e-Filing is mandatory for represented parties, optional for self-represented litigants or those with an eFiling exemption.
FILINGS: e-FILING is mandatory (optional for self-represented litigants or litigants that have received an exemption from eFiling).
Civil cases
Page 1 | FILINGS
E-filing is mandatory for all filings, but is optional for self-represented litigants and litigants that have received an exemption from eFiling.
e-FILING is mandatory (optional for self-represented litigants or litigants that have received an exemption from eFiling).
Civil cases
Page 1 | FILINGS
Parties must e-file the required trial documents four days before the FSC.
Four days before the FSC, the parties are to e-file, serve and provide courtesy copies to the department upon filing the following trial documents: special verdict, list of jury instructions, statement to the jury panel, list of witnesses, list of exhibits.
Civil cases
Page 3 | FINAL STATUS CONFERENCE (FSC)
Filing Timing and Cure Windows
Ex parte applications must be e-filed no later than 10:00 a.m. on the day before the hearing, with service to the opposing party at the same time.
Present procedures require ex-parte applications to be e-filed no later than 10:00 a.m. on the day before the ex-parte hearing; the other side to be served at the same time.
Civil cases
Page 1 | EX-PARTE APPLICATIONS
Ex-parte applications must be e-filed no later than 10:00 a.m. on the day before the ex-parte hearing.
Present procedures require ex-parte applications to be e-filed no later than 10:00 a.m. on the day before the ex-parte hearing; the other side to be served at the same time.
Civil cases
Page 1 | EX-PARTE APPLICATIONS
Trial documents must be e-filed 4 days before the FSC, with service and courtesy copies provided upon filing.
Four days before the FSC, the parties are to e-file, serve and provide courtesy copies to the department upon filing the following trial documents: special verdict, list of jury instructions, statement to the jury panel, list of witnesses, list of exhibits.
Civil cases
Page 3 | FINAL STATUS CONFERENCE
CMC statements (Judicial Council form #CM-110) should be filed at least 15 calendar days prior to the CMC [CRC Rules 3.720-3.730]
CMC statements (Judicial Council form #CM-110) should be filed at least 15 calendar days prior to the CMC [CRC Rules 3.720-3.730]
Civil cases
Page 3 | CMC
Motions in limine must be filed and served early enough to give adequate statutory notice so they can be heard and decided at the FSC.
Motions in limine (MILs) must be filed and served earlier to give adequate statutory notice so that they can be heard and decided at the FSC.
Civil cases
Page 3 | FINAL STATUS CONFERENCE (FSC)
CMC statements (Judicial Council form #CM-110) should be filed at least 15 calendar days prior to the CMC [CRC Rules 3.720-3.730] with a courtesy copy provided to the department upon filing.
CMC statements (Judicial Council form #CM-110) should be filed at least 15 calendar days prior to the CMC [CRC Rules 3.720-3.730] with a courtesy copy provided to the department upon filing.
Civil cases
Page 3 | CMC
Trial documents (special verdict, list of jury instructions, statement to the jury panel, list of witnesses, list of exhibits) are due four days before the FSC.
Trial documents: Four days before the FSC, the parties are to e-file, serve and provide courtesy copies to the department upon filing the following trial documents: special verdict, list of jury instructions, statement to the jury panel, list of witnesses, list of exhibits.
Civil cases
Page 3 | FINAL STATUS CONFERENCE (FSC)
One set of the exhibit binders is to be provided to the Court four court days before the FSC.
One set of the exhibit binders is to be provided to the Court four court days before the FSC.
Civil cases
Page 4 | EXHIBIT BINDERS
Service and Proof of Service Rules
Ex parte applications must be served on the opposing party at the same time as e-filing.
the other side to be served at the same time.
Civil cases
Page 1 | EX-PARTE APPLICATIONS
The opposing party must be served with the ex-parte application at the same time the application is e-filed.
Present procedures require ex-parte applications to be e-filed no later than 10:00 a.m. on the day before the ex-parte hearing; the other side to be served at the same time.
Civil cases
Page 1 | EX-PARTE APPLICATIONS
Four days before the FSC, the parties are to e-file, serve and provide courtesy copies to the department upon filing the following trial documents: special verdict, list of jury instructions, statement to the jury panel, list of witnesses, list of exhibits.
Four days before the FSC, the parties are to e-file, serve and provide courtesy copies to the department upon filing the following trial documents: special verdict, list of jury instructions, statement to the jury panel, list of witnesses, list of exhibits.
Civil cases
Page 3 | FINAL STATUS CONFERENCE
Filing Fees and Waivers
Motion fee payments must be addressed at the time the motions are scheduled online through CRS.
Motion fee payments are to be addressed at the time the motions are scheduled online through CRS.
Civil cases
Page 1 | MOTIONS
Motion filing fees are paid when scheduling the motion online via the Court Reservation System (CRS).
Motion fee payments are to be addressed at the time the motions are scheduled online through CRS.
Civil cases
Page 1 | MOTIONS
Courtesy Copy Requirements
Courtesy copies of all motion papers must be provided to Department 307 at the time of e-filing; they need not be conformed but should include proof of e-filing submission.
Courtesy copies of all motion papers must be provided to Department 307 at the time of e-filing. Courtesy copies for e-filed motions do not have to be conformed but should have proof of submission of e-filing.
Civil cases
Page 1 | MOTIONS
Paper courtesy copies of CMC statements, demurrers, motions (including oppositions and replies), FSC documents, and proposed orders must be delivered in the courtesy box outside the courtroom.
Courtesy copies (paper copies) are required of CMC statements, demurrers, motions (including any oppositions and replies), FSC documents, and proposed orders. Copies should be delivered in the “courtesy box” outside the courtroom.
Civil cases
Page 1 | COURTESY COPIES
Courtesy copies are required for CMC statements, demurrers, motions (including oppositions/replies), FSC documents, and proposed orders, delivered to the courtroom courtesy box.
COURTESY COPIES: Courtesy copies (paper copies) are required of CMC statements, demurrers, motions (including any oppositions and replies), FSC documents, and proposed orders. Copies should be delivered in the “courtesy box” outside the courtroom.
Civil cases
Page 1 | COURTESY COPIES
Courtesy copies of all motion papers must be provided to Department 307 at the time of e-filing. Courtesy copies for e-filed motions do not have to be conformed but should have proof of submission of e-filing.
Courtesy copies of all motion papers must be provided to Department 307 at the time of e-filing. Courtesy copies for e-filed motions do not have to be conformed but should have proof of submission of e-filing.
Civil cases
Page 1 | MOTIONS
Courtesy copies of ex parte papers and oppositions must be provided to Department 307.
Courtesy copies of the ex-parte papers and any opposition is to be provided to Dept. 307.
Civil cases
Page 1 | EX-PARTE APPLICATIONS
Courtesy copies of ex-parte papers and any opposition must be provided to Department 307.
Courtesy copies of the ex-parte papers and any opposition is to be provided to Dept. 307.
Civil cases
Page 1 | EX-PARTE APPLICATIONS
A courtesy copy of the IDC joint brief must be provided to the department upon filing.
A courtesy copy of the joint brief is to be provided to the department upon filing.
Civil cases
Page 2 | INFORMAL DISCOVERY CONFERENCES (IDC)
Courtesy copies of joint briefs requesting an IDC must be provided to the department upon filing.
A courtesy copy of the joint brief is to be provided to the department upon filing.
Civil cases
Page 2 | INFORMAL DISCOVERY CONFERENCES
Courtesy copies of all motions in limine, oppositions, and replies must be provided to the department upon filing.
Courtesy copies of all MIL documents, including oppositions and replies are required to be provided to the department upon filing.
Civil cases
Page 3 | FINAL STATUS CONFERENCE
CMC statements (Judicial Council form #CM-110) should be filed at least 15 calendar days prior to the CMC [CRC Rules 3.720-3.730] with a courtesy copy provided to the department upon filing.
CMC statements (Judicial Council form #CM-110) should be filed at least 15 calendar days prior to the CMC [CRC Rules 3.720-3.730] with a courtesy copy provided to the department upon filing.
Civil cases
Page 3 | CMC
Courtesy copies of the trial documents must be provided to the department upon filing (four days before the FSC).
Four days before the FSC, the parties are to e-file, serve and provide courtesy copies to the department upon filing the following trial documents: special verdict, list of jury instructions, statement to the jury panel, list of witnesses, list of exhibits.
Civil cases
Page 3 | FINAL STATUS CONFERENCE (FSC)
Courtesy copies of all motions in limine documents, including oppositions and replies, must be provided to the department upon filing.
Courtesy copies of all MIL documents, including oppositions and replies are required to be provided to the department upon filing.
Civil cases
Page 3 | FINAL STATUS CONFERENCE (FSC)
Three exhibit binders should be prepared for Court use: one to be used by the witnesses; one for the Judicial Assistant and another for the judge. One set of the exhibit binders is to be provided to the Court four court days before the FSC.
Three exhibit binders should be prepared for Court use: one to be used by the witnesses; one for the Judicial Assistant and another for the judge. One set of the exhibit binders is to be provided to the Court four court days before the FSC.
Civil cases
Page 4 | EXHIBIT BINDERS
Filing Bundling Requirements
counsel providing a complete set of motions in limine with oppositions in a binder.
counsel providing a complete set of motions in limine with oppositions in a binder.
Civil cases
Page 4 | FINAL STATUS CONFERENCE (FSC)
Pre-Motion Conference Requirements
Demurrers, motions to strike, and motions for judgment on the pleadings require a mandatory meet and confer with opposing counsel before filing.
MEET & CONFER REQUIREMENT FOR DEMURRERS, MOTIONS TO STRIKE AND MOTIONS FOR JUDGMENT ON THE PLEADINGS. Before filing any of these motions to challenge a complaint, the counsel for the moving party must meet and confer “in person or by telephone” with opposing counsel to discuss “whether an agreement can be reached that would resolve the objections to be raised by the demurrer.” CCP §§ 430.41, 435.5 and 439. This is a mandatory requirement.
Civil cases
Page 2 | MEET & CONFER REQUIREMENT
Before filing a demurrer, motion to strike, or motion for judgment on the pleadings, moving counsel must meet and confer in person or by telephone with opposing counsel — a mandatory requirement under CCP §§ 430.41, 435.5 and 439.
MEET & CONFER REQUIREMENT FOR DEMURRERS, MOTIONS TO STRIKE AND MOTIONS FOR JUDGMENT ON THE PLEADINGS. Before filing any of these motions to challenge a complaint, the counsel for the moving party must meet and confer “in person or by telephone” with opposing counsel to discuss “whether an agreement can be reached that would resolve the objections to be raised by the demurrer.” CCP §§ 430.41, 435.5 and 439. This is a mandatory requirement. It is not to be evaded.
Civil cases
Page 2 | MEET & CONFER REQUIREMENT FOR DEMURRERS, MOTIONS TO STRIKE AND MOTIONS FOR JUDGMENT ON THE PLEADINGS
IDCs are considered upon submission of a joint brief (max 5 pages) including three proposed dates and reasons for the request, e-filed by all parties.
Department 307 will consider conducting an Informal Discovery Conference upon submission of a joint request stipulated upon by all parties. The request shall be made by a joint brief not to exceed 5 pages to be submitted via e-filing and shall include three (3) proposed dates for the IDC to be held and shall state all reasons for the request.
Civil cases
Page 2 | INFORMAL DISCOVERY CONFERENCES
Adjournment & Extension Requirements
Trial continuances are usually not granted by this Court.
The Court does not usually grant trial continuances.
Civil cases
Page 4 | TRIAL CONTINUANCES