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Courtroom 21 - Civil Trials, Law & Motion
Ex-parte Applications in Department 21 are heard Monday - Friday at 8:30 a.m. with a limit of 2 per day. Parties are to reserve their ex-parte application with the Judicial Secretary by calling 805.289.8705 or by e-mailing the court at firstname.lastname@example.org.
Moving papers are to be filed no later than noon the court day prior. Judge Bennett is firm on the filing deadline. If the documents are received after, your hearing may be continued. You may file in person by making an appointment or by e-filing. Courtesy copies are not necessary.
Parties are to appear in person or CourtCall. Courtroom 21 does not have zoom capability.
Informal Discovery ConferencesJudge Bennett does not handle Informal Discovery Conferences. You may bring a Discovery Motion on the law and motion calendar.
Law & Motion
Law and Motion is heard Monday - Friday at 8:20am. Judge Bennett will take the bench between 8:30 and 8:45am. Law and Motion matters can be reserved by calling 805.289.8525 and pressing option 3.
The Court strictly adheres to the motion practice statutes and rules set forth in the Code of Civil Procedure and the Rules of Court, including the format and content of pleadings, page limitations, and required notice.
Exhibits submitted in support of or opposition to motions must be tabbed at the bottom of the pleadings. Exhibits must be identified and authenticated by a supporting declaration. Parties should limit exhibits to only those relevant and necessary to the motion. If an exhibit is more than five (5) pages, please highlight the relevant portions of the exhibit.
The Court hears no more than two summary judgment motions each week and they are set on Mondays at 8:20 a.m. Summary judgment motions may be heard on a calendar date other than a Monday if approved by the Court for good cause.
From time to time, as the Court may determine necessary, the Court may ask the Court's Research Attorney to contact the attorneys (or self-represented litigants) concerning the need to continue a hearing to permit the Court and its research staff additional time to read and consider a motion.
Trial Setting Conferences
Trial Setting Conferences ("TSC"s) must be attended by counsel of record who will be trying the case and all self-represented parties. The parties must meet and confer and serve and file a single, written, Joint TSC Statement at least seven (7) days before the TSC. The Joint TSC Statement shall not exceed five (5) pages and must contain the following:
- A brief summary of the nature of the case, including the date(s) of the incident(s) or event(s) or transaction(s) which is (are) the subject(s) of the action; a concise description of the incident(s) or event(s) or transaction(s) which is (are) the subject(s) of the action; the causes of action in the complaint and any cross-complaint; the primary monetary damages and/or other relief being claimed; and the primary defenses being alleged.
- The status of discovery, including that which has been completed as well as that yet to be completed, and the dates upon which the parties anticipate discovery will be completed.
- Any issues of statutory priority.
- Readiness for trial, including the date requested to begin trial.
- Whether the case will be tried before a jury or the Court in whole in or in part.
- The timing of dispositive motions prior to trial.
- Amenability of the parties to Alternative Dispute Resolution ("ADR").
- Reasonable time estimate for trial.
- Any issues of bifurcation.
- Any other issues or circumstances materially affecting resolution of the case.
Please type the date, time, and courtroom of the TSC to the right of the case caption on the front of the Joint TSC Statement.
Pre-Trial Conferences/Trial Call
Pre-Trial Conferences ("PTC"s) must be attended by counsel of record who will be trying the case, or counsel authorized to make commitments to all evidentiary and trial related issues and all self-represented parties. Counsel and self-represented parties may appear by CourtCall. The purpose of the pre-trial conference is to determine whether the case is ready for trial, whether the court is available for trial, and for submission of all Trial Briefs (Local Rule 8.12 (B)), In Limine Motions (Local Rule 8.12 (N)), Statement of Case, Joint Witness List, Proposed Jury Instructions and Proposed Jury Verdict Forms.
Tentative rulings on law and motion matters are a courtesy, and the court is not required to post rulings. If a tentative is posted it would be the court-day prior. Please follow the instructions on the tentative if you wish to submit on the ruling.
Submitting on the tentative is not in lieu of an appearance in court. The clerk cannot advise if you should still appear or not. That is the decision of you and your counsel.
Courtroom 21 Tentative Rulings
|Case Number||Event Type||Event Date||Event Time||Department||Document|
|56-2022-00562932-CU-OE-VTA||Motion to Compel||8/11/2022||8:20 AM||21||Tentative|
|56-2021-00556421-CU-PO-VTA||Motion to Compel||8/8/2022||8:20 AM||21||Tentative|
|56-2019-00528003-CU-OE-VTA||Motion for Attorney Fees (CLM)||8/4/2022||8:20 AM||21||Tentative|