Complex Civil Litigation

COVID-19 EMEGENCY GUIDANCE REGARDING COMPLEX CIVIL ACTIONS

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Case Calendar


Department 304
Judge Anne-Christine Massullo
400 McAllister St.
San Francisco, CA 94102
Clerk: (415) 551-3729/5948

Department 613
Judge Andrew Y.S, Cheng
400 McAllister St.
San Francisco, CA 94102
Clerk: (415) 551-3840

Department 613 Court Procedures During COVID-19 Pandemic:

  • Department 613 is closed until June 1, 2020.  After that date, Department 613 will begin scheduling telephonic conferences. 
  • Thus, the hearing dates for all matters currently calendared between now and June 1, 2020 are hereby vacated.
  • For all pending motions between now and June 1, 2020, please continue to file opposition and reply briefs on the previously agreed upon schedule.  If counsel need a continuance on their briefing deadlines, they shall meet and confer to adjust any briefing schedules, and then email the Court on their agreed upon deadlines.
  • For all Joint CMC statements for CMCs set between now and June 1, 2020, counsel should continue to meet and confer to prepare the statement and file these statements on the day their hearing would have occurred.  Once the court re-opens, based on the filed statements, the court will set further dates.

Parties with emergencies which require court orders may submit ex parte pleadings as attachments to an email to the opposing party/counsel addressed to the department: [email protected]. The court will act on the applications and—where appropriate—issue a briefing and schedule for a telephonic hearing using Court Call. Due to the unavailability of court staff, parties and counsel are hereby relieved of the requirement to file the applications before submission. Where briefing or a hearing is ordered or an order granting relief issues, parties/counsel will be authorized to file the pleadings and briefs.

Department 613 Court Procedures

Department 304 Court Procedures During COVID-19 Pandemic:

  • In response to the COVID-19 outbreak, the Court has scaled down its operations and staffing levels. Therefore, Department 304 has been closed and will not physically reopen until June 1, 2020.  The Court will be holding telephonic hearings already scheduled and not otherwise specifically vacated by Department 304.  Case management conferences are vacated until June 1, 2020 unless otherwise ordered by the Court.

    For all Joint CMC Statements for CMCs set between now and June 1, 2020, counsel should continue to meet and confer to prepare the statement and file these statements on the day their hearing would have occurred. The Court will set further dates based on the filed statements.

CRC Rule 3.400. Definition

A “complex case” is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the Court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel.

Special Instructions for Electronic Filing

complex civil Litigation departments e-filing instructions for sealed documents

E-Filing Sealed Discovery Motion Documents:

  • A motion to seal is not required to file confidential documents in connection with a discovery motion. CRC 2.550(a)(3). Therefore a party does not need to submit both a redacted version and an unredacted version of the document for a discovery motion. Only an unredacted version of the document is submitted for filing. 
  • The unredacted version of the document must now be submitted for electronic filing and is no longer submitted in paper form over the counter at the Civil Clerk’s Office.
  • The title page of the discovery document should state the word “Discovery” in bold and underlined to make it clear that the document pertains to a discovery motion. The title page should state the words “To Be Filed Under Seal” in bold and underlined to make it clear that the document is being submitted for filing under seal. When submitting to File&ServeXpress, click the box designating the documents “sealed.”
  • If accepted, an unredacted document is filed outright (not lodged). However, the document will not be viewable via the public Register of Actions. 
  • Two paper/courtesy copies of all unredacted discovery documents must be submitted to Dept 305/Dept.613 in the same manner as all other types of documents.  
  • The confidential portions of an unredacted document should be highlighted (e.g. grayscaled) to assist the judge in differentiating between what is considered confidential information and what is considered non-confidential information.

E-Filing Sealed Papers Re: Non-Discovery Motions:

  • A party seeking to file a document under seal must comply with CRC 2.550 et seq. A party must submit both a redacted version of a document and an unredacted version of a document. 
  • The unredacted version of the document must now be submitted electronically under the same transaction number as the redacted version of the document. Unredacted documents are no longer submitted in paper form over the counter at the Civil Clerk’s Office. Failure to submit the redacted and unredacted documents in the same electronic transaction may result in rejection of the documents.
  • The caption page of a redacted document must have “Redacted” under the title of the document. The caption page of an unredacted document must have “Unredacted-Lodged Conditionally Under Seal” under the title of the document andmust also state “Lodged Conditionally Under Seal.”
  • The format and content of the unredacted document must contain all confidential and public portions. The redacted version must be identical to the  unredacted document. However, all confidential information is blacked out and thus “redacted.”
  • If you want to separate a large document, the unredacted document and the redacted document must be separated in the same manner (i.e. if you separate your redacted document into four separate documents within the same transaction, the un-redacted versions of those documents must be separated into the same four separate documents).
  • If a transaction is accepted, the redacted version of the documents is filed and is made viewable via the public Register of Actions. 
  • If a transaction is accepted, the unredacted version of the document is not filed but is merely lodged with the court. While the document is lodged with the court, it will not be viewable via the public Register of Actions. A lodged unredacted document will not be filed unless/until the court issues an order authorizing the document to be filed permanently under seal.
  • Two paper/courtesy copies of all unredacted documents must be submitted to Dept. 304/Dept. 613 in the same manner as the redacted documents and all other types of documents.
  • The confidential portions of an unredacted document should be highlighted (e.g. grayscaled) to assist the judge in differentiating between what is considered confidential information and what is considered non-confidential information. For further information on e-filing, see the E-Filing Special Instructions page.