Preview
James P. Carter (SBN 150052) Electronically
Remick M. Stahl (SBN 317065)
JACKSON LEWIS P.C. by Superior Court of California, County of San Mateo
200 Spectrum Center Drive, Suite 500 ON 4/14/2021
Irvine, CA 92618 By. Is Marcela Enriquez
Phone: (949) 885-1360
Fax: (949) 885-1380
James.Carter@jacksonlewis.com
Remick.Stahl@jacksonlewis.com
Attorneys for Plaintiff
BLUEPEARL OPERATIONS, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN MATEO
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11 BLUEPEARL OPERATIONS, LLC, CASE NO.: 21-CIV-01826
12 Plaintiff, [Assigned for all purposes to the
Hon. Nancy L. Fineman, Dept. 4]
13 Vv.
14 SEAN WELLS; SAN FRANCISCO AMENDED NOTICE OF ASSIGNMENT
VETERINARY MEDICAL GROUP, INC. dba AND CASE MANAGEMENT STATEMENT
15 NOR CAL VETERINARY EMERGENCY AND CIVIL CMC PACKET
AND SPECIALTY HOSPITAL; LAFAYETTE
16 VETERINARY HOSPITAL INC.; NOR CAL
VETERINARY SURGICAL CENTER INC.
17 dba PACIFIC VETERINARY EMERGENCY
& SPECIALTY HOSPITAL; NORTHERN Complaint Filed: December 11, 2020
18 CALIFORNIA VETERINARY SURGICAL, Trial Date: Not Set
INC.; and DOES 1-100, inclusive,
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Defendants.
20 AND RELATED CROSS-CLAIMS
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AMENDED NOTICE OF ASSIGNMENT AND CIVIL CMC PACKET
TO THE HONORABLE COURT AND ALL PARTIES AND COUNSEL OF RECORD:
AMENDED NOTICE IS HEREBY GIVEN that the matter has been assigned for all purposes to
the Honorable Nancy L. Fineman in Department 4 of the above-captioned court, and a case management
conference will take place on August 4, 2021 at 9:00 a.m. in the same department. A true and correct
copy of the Court’s Notice and Civil CMC Packet is attached hereto as Exhibit A.
Dated: April 14, 2021 JACKSON LEWIS P.C.
James P. Carter
10 Remick M. Stahl
11 Attorneys for Plaintiff
BLUEPEARL OPERATIONS, LLC
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AMENDED NOTICE OF ASSIGNMENT AND CIVIL CMC PACKET
EXHIBITA
rE FOR COURT USE ONLY
SUPERIOR COURT OF SAN MATEO COUNTY
7
rit
Civil Division
400 County Center, 1% Floor, Room A Redwood City, CA 94063
(650) 261-5100
FILED
ara www.sanmateocourt.org
SAN MATEO COUNTY
3/26/2021
PETITIONER/PLAINTIFF: BLUEPEARL OPERATIONS, LLC
Clerk of the Superior Court
/s/ Anthony Berini
RESPONDENT/DEFENDANT: SEAN WELLS; SAN FRANCISCO VETERINARY
DEPUTY CLERK
MEDICAL GROUP, INC.; LAFAYETTE VETERINARY HOSPITAL INC.; NOR CAL
VETERINARY SURGICAL CENTER INC.; NORTHERN CALIFORNIA VETERINARY
SURGICAL INC.; DOES 1 - 100, INCLUSIVE
CASE NUMBER:
NOTICE OF ASSIGNMENT FOR ALL PURPOSES (CIVIL) AND
21-ClV-01826
NOTICE OF CASE MANAGEMENT CONFERENCE
By order of the Presiding Judge pursuant to San Mateo County Superior Court Local Rule 3.200(a) the above entitled
matter is assigned for all purposes to: Nancy L. Fineman in Department 4.
An Initial Case Management Conference is set before the Civil Commissioner, as follows:
DATE: 8/4/2021
TIME: 9:00 AM
LOCATION: 1050 Mission Road, South San Francisco, CA 94080
APPEARANCES SHALL BE REMOTE ONLY. Please visit our website at for information on remote appearances:
https://www.sanmateocourt.org/general_info/remote_appearance.php
ASSIGNED DEPARTMENT INFORMATION
To schedule a Law and Motion Hearing, please see Local Rule 3.402, or visit the assigned Judicial Officer’s webpage
at: www.sanmateocourt.org/civiljudges.
Contact information for your assigned department is as follows:
Judicial Officer Department Phone Department E-mail
Nancy L. Fineman 650-261-5104 Dept4@sanmateocourt.org
CASE MANAGEMENT CONFERENCE INFORMATION
You are hereby given notice of your Initial Case Management Conference. The date, time and department are noted
above.
1, In accordance with applicable California Rules of the Court and Local Rules, you are hereby ordered to:
a) Serve all named defendants and file proofs of service on those defendants with the court within 60-days of
filing the complaint (CRC 3.110(b); Local Rule 3.804).
b) Serve a copy of this Notice, blank form of the Case Management Statement and ADR Information Package on
all named parties in this action (Local Rule 3.804(a)). Documents are available online under the CIVIL CMC
Packet section at: ht ‘sanmateocourt.or} court_divisions/civi
c) File and serve a completed Case Management Statement at least 15 days before the Case Management
Conference (CRC 3.725; Local Rule 3.805(c)). Failure to do so may result in monetary sanctions or the
Rev. November 2020
continuance of the CMC.
d) Meet and confer, in person or by telephone, to consider each of the issues identified in CRC 3.724 no later
than 30 days before the date set for the Case Management Conference (Local Rule 3.805(b)).
2. Parties may proceed to an Appropriate Dispute Resolution process (“ADR”) by filing a Stipulation and Order to
ADR (Local Form ADR-CV-1). File and serve the completed Stipulation and Order to ADR form at least 12 days
prior to the Case Management Conference (Local Rule 3.805(f)). You may find this form and information
regarding the Civil ADR Program online at http://sanmateocourt.org/court_divisions/adr/civil/
For additional information, you may visit the Judicial officer’s webpage at: www.sanmateocourt.org/civiljudges
CLERK’S CERTIFICATE OF SERVICE
| hereby certify that | am the clerk of this Court, not a party to this cause; that | served a copy of this notice on the below date,
(by hand [1 by electronic service to the parties or their counsel of record at the email addresses set forth below and shown by
the records of this Court or [XJ by placing a copy thereof in separate sealed envelopes addressed to the address shown by the
records of this Court, and by then sealing said envelopes and depositing same, with postage fully pre-paid thereon, in the United
States Mail at Redwood City, California.
Date: 3/26/2021 Neal | Taniguchi, Court Executive Officer/Clerk
By: _/s/ Anthony Berini
Anthony Berini, Deputy Clerk
Notice being served on:
JOEL P KELLY
JACKSON LEWIS PC
725 SOUTH FIGUEROA STREET
SUITE 2500
LOS ANGELES CA 90017-5408
Rev. November 2020
CM-110
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO. FAX NO. (Optional)
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [-] UNLIMITED CASE [_] Limitep CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
|A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: Time: Dept.: Div.: Room:
\Address of court (if different from the address above):
__] Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. [__] This statement is submitted by party (name):
b. [_] This statement is submitted jointly by parties (names):
Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. [__] The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a. [__] All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [_] The following parties named in the complaint or cross-complaint
(1) [-_] have not been served (specify names and explain why not):
(2) [-] have been served but have not appeared and have not been dismissed (specify names):
(3) [-_] have had a default entered against them (specify names):
c. [_] The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of casein [__] complaint [J cross-complaint (Describe, including causes of action):
Page 1 of5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Council of California rules 3.720-3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
4.b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
[_] (/f more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
a. The party or parties request [__] a jury trial [J a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. [__] The trial has been set for (date):
b. [__] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [__] days (specify number):
b. [-_] hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [J by the attorney or party listed in the caption [1 by the following:
a Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
[J Additional representation is described in Attachment
8.
Preference
[_] This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [—_] has [J has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party [__] has [__] has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) [_] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) [___] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) ] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
[The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): |stipulation):
[_] Mediation session not yet scheduled
[_] Mediation session scheduled for (date):
(1) Mediation CJ [_] Agreed to complete mediation by (date):
[J Mediation completed on (date):
[_] Settlement conference not yet scheduled
(2) Settlement [J Settlement conference scheduled for (date):
conference [J Agreed to complete settlement conference by (date):
[J Settlement conference completed on (date):
[-] Neutral evaluation not yet scheduled
[J Neutral evaluation scheduled for (date):
(3) Neutral evaluation
[_] Agreed to complete neutral evaluation by (date):
[J Neutral evaluation completed on (date):
[J Judicial arbitration not yet scheduled
(4) Nonbinding judicial [J Judicial arbitration scheduled for (date):
arbitration [-] Agreed to complete judicial arbitration by (date):
[-] Judicial arbitration completed on (date):
[J Private arbitration not yet scheduled
(5) Binding private [J Private arbitration scheduled for (date):
arbitration [-] Agreed to complete private arbitration by (date):
[J Private arbitration completed on (date):
[J ADR session not yet scheduled
[-] ADR session scheduled for (date):
(6) Other (specify):
[-] Agreed to complete ADR session by (date):
[-] ADR completed on (date):
CM-110 [Rev. July 1, 2017] Page 3 of5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
11. Insurance
a. [__] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [__] Yes [J No
c. [__] Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
[J Bankruptcy [__] Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [__] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[J Additional cases are described in Attachment 13a.
b. [-_] Amotion to [_] consolidate [J coordinate will be filed by (name party):
14. Bifurcation
[-] The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
[__] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. [__] The party or parties have completed all discovery.
b. [__] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Descriptiot Date
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
17. Economic litigation
a. [__] This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. [_] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
[_] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. [__] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
b. [__] After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date:
(TYPE OR PRINT NAME)
> (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
> (SIGNATURE OF PARTY OR ATTORNEY)
[J Additional signatures are attached.
CM-110 [Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
APPROPRIATE DISPUTE RESOLUTION INFORMATION SHEET
SUPERIOR COURT OF CALIFORNIA, SAN MATEO COUNTY
In addition to the court provided voluntary and mandatory settlement conferences, this
court has established, in partnership with the community and Bar Association, the Multi-
Option ADR Project. Recognizing that many civil disputes can be resolved without the
time and expense of traditional civil litigation, the San Mateo County Superior Court
encourages the parties in civil cases to explore and pursue the use of Appropriate
Dispute Resolution
WHAT IS APPROPRIATE DISPUTE RESOLUTION?
Appropriate Dispute Resolution (ADR) is the general term applied to a wide variety of
dispute resolution processes which are alternatives to lawsuits. Types of ADR
processes include arbitration, mediation, neutral evaluation, mini-trials, settlement
conferences, private judging, negotiation, and hybrids of these processes. All ADR
processes offer a partial or complete alternative to traditional court litigation for resolving
disputes.
WHAT ARE THE ADVANTAGES OF USING ADR?
ADR can have a number of advantages over traditional court litigation.
. ADR can save time. Even in a complex case, a dispute can be resolved through
ADR in a matter of months or weeks, while a lawsuit can take years.
ADR can save money. By producing earlier settlements, ADR can save parties and
courts money that might otherwise be spent on litigation costs (attorney's fees and
court expenses).
ADR provides more participation. Parties have more opportunity with ADR to
express their own interests and concerns, while litigation focuses exclusively on the
parties’ legal rights and responsibilities.
ADR provides more control and flexibility. Parties can choose the ADR process
most appropriate for their particular situation and that will best serve their particular
needs.
ADR can reduce stress and provide greater satisfaction. ADR encourages
cooperation and communication, while discouraging the adversarial atmosphere
found in litigation. Surveys of disputants who have gone through ADR have found
that satisfaction with ADR is generally high, especially among those with extensive
ADR experience.
Arbitration, Mediation, and Neutral Evaluation
Although there are many different types of ADR processes, the forms most commonly
used to resolve disputes in California State courts are Arbitration, Mediation and Neutral
Evaluation. The Multi-Option ADR Project a partnership of the Court, Bar and
Community offers pre-screened panelists with specialized experience and training in
each of these areas.
Arbitration: An arbitrator hears evidence presented by the parties, makes legal rulings,
determines facts and makes an arbitration award. Arbitration awards may be entered as
Form ADR-CV-8 “Court ADR Information Sheet ADR-CV-8" [Rev. Feb. 2014]
judgments in accordance with the agreement of the parties or, where there is no
agreement, in accordance with California statutes. Arbitrations can be binding or non-
binding, as agreed by the parties in writing.
Mediation: Mediation is a voluntary, informal, confidential process in which the
mediator, a neutral third party, facilitates settlement negotiations. The mediator
improves communication by and among the parties, helps parties clarify facts, identify
legal issues, explore options and arrive at a mutually acceptable resolution of the
dispute.
Neutral Evaluation: Involves presentations to a neutral third party with subject matter
expertise who may render an opinion about the case the strengths and weaknesses of
the positions, the potential verdict regarding liability, and a possible range for damages.
CIVIL ADR PROCEDURES FOR THE SAN MATEO COUNTY SUPERIOR COURT
e Upon filing a Complaint, the Plaintiff will receive this information sheet from the
Superior Court Clerk. Plaintiff is expected to include this information sheet when
he or she serves the Complaint on the Defendant.
All parties to the dispute may voluntarily agree to take the matter to an ADR
process. A stipulation is provided here. Parties chose and contact their own ADR
provider. A Panelist List is available online.
If the parties have not agreed to use an ADR process, an initial Case
Management Conference (“CMC”) will be scheduled within 120 days of the filing
of the Complaint. An original and copy of the Case Management Conference
Statement must be completed and provided to the court clerk no later than
15 days prior to the scheduled conference. The San Mateo County Superior
Court Case Management Judges will strongly encourage all parties and their
counsel to consider and utilize ADR procedures and/or to meet with the ADR
director and staff where appropriate.
If the parties voluntarily agree to ADR, the parties will be required to sign and file
a Stipulation and Order to ADR.
A timely filing of a stipulation (at least 10 days prior to the CMC) will cause a
notice to vacate the CMC. ADR stipulated cases (other than judicial arbitration)
will be continued for further ADR/Case Management status review in 90 days. If
the case is resolved through ADR, the status review date may be vacated if the
court receives a dismissal or judgment. The court may upon review of case
information suggest to parties an ADR referral to discuss matters related to case
management, discovery and ADR.
Any ADR Services shall be paid for by the parties pursuant to a separate ADR
fee agreement. The ADR Director may screen appropriate cases for financial aid
where a party is indigent.
Local Court Rules require your cooperation in evaluating the ADR Project and
will expect a brief evaluation form to be completed and submitted within 10 days
of completion of the process.
You can find ADR forms on the ADR webpage: www.sanmateocourt.org/adr. For more
information contact the Multi-Option ADR Project at (650) 261-5075 or 261-5076.
Form ADR-CV-8 “Court ADR Information Sheet ADR-CV-8" [Rev. Feb. 2014]
Print Form
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
i Mutti Option ADR PROJECT
HALL OF JUS’ ND RECORDS
400 COUN ER
REDWOOD CI ‘ORNIA 94063
ADR Stipulation and Evaluation Instruction:
In accordance with Local Rule 3.904(b), all parties going to ADR must complete a Stipulation and Order
to ADR and file it with the Clerk of the Superior Court. The Office of the Clerk is located at:
Clerk of the Superior Court, Civil Division
Superior Court of California, County of San Mateo
400 County Center
Redwood City, CA 94063-1655
There is no filing fee for filing the stipulation. An incomplete stipulation will be returned to the parties by
the Clerk’s Office. All stipulations must include the following:
Qa Signatures for all attorneys (and/or parties in pro per);
Qa The name and phone number of the neutral;
Qa Date of the ADR session (date must include month, day and year. TBD or tentative
responses will not be accepted); and
Qa Service List (Counsel need not serve the stipulation on parties).
Parties mutually agree on a neutral and schedule ADR sessions directly with the neutral. If parties would
like a copy of the court’s Civil ADR Program Panelist List and information sheets on individual panelists,
they may visit the court’s website at www.sanmateocourt.org/adr.
If Filing the Stipulation Prior to an Initial Case Management Conference
To stipulate to ADR prior to the initial Case Management Conference (CMC), parties must file a completed
stipulation at least 10 days before the scheduled case management conference. The clerk will send notice
of a new case management conference date approximately 90 days from the current date to allow time for
the ADR process to be completed.
If Filing Stipulation Following a Case Management Conference or Following an Order to Vacate Cas:
Management Conference and Order to ADR
When parties are referred to ADR at the CMC, or parties receive an Order Vacating Case Management
Conference and Order to ADR, they have 21 days from the date of the CMC or Order to file a Stipulation
and Order to ADR with the court [Local Rule 3.904(b)].
Post-ADR Session Evaluations
Submit post-ADR session evaluations within 10 days of completion of the ADR process. Evaluations are
to be filled out by both attorneys and clients. A copy of the Evaluation by Attorneys and Client Evaluation
will be mailed by the ADR department as the mediation session date approaches, or can be downloaded
from the court’s web site.
Non-Binding Judicial Arbitratio:
Names and dates are not needed for stipulations to judicial arbitration. The Judicial Arbitration
Administrator will send a list of names to parties once a stipulation has been submitted.
For further information regarding San Mateo Superior Court’s Civil ADR and Judicial Arbitration
Programs, visit the Court’s website at www.sanmateocourt.org/adr or contact the ADR offices at
(650) 261-5075.
Form ADR-CV-1 [Rev. March 2021]
Attorney or Party without Attorney (Name, Address, Telephone, Fax, Court Use Only
State Bar membership number):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
Hall of Justice and Records
400 County Center
Redwood City, CA 94063-1655 (650) 261-5100
Plaintifi(s): Case number:
Defendant(s): Current CMC Date:
STIPULATION AND ORDER TO APPROPRIATE DISPUTE RESOLUTION
Plaintiff will file this stipulation with the Clerk’s Office 10 days prior to or 3 weeks following the first
Case Management Conference or Order to ADR unless directed otherwise by the Court and ADR
Department [Local Rule 3.904(b)]. Please attach a Service List.
The parties hereby stipulate that all claims in this action shall be submitted to (select one):
(O) Voluntary Mediation (©)Binding Arbitration (private)
(Q) Neutral Evaluation (O) Settlement Conference (private)
(©) Non-Binding Judicial Arbitration CCP 1141.12 ©)Summary Jury Trial Other:
Case Type:
Neutral’s name and telephone number: Date of session:
(Required for continuance of CMC except for non-binding judicial arbitration)
Identify by name the parties to attend ADR session:
Original Signatures
Type or print name of EJ Party without attomey [J Attomey for (Signature)
1 Plaintitt/Petitioner F] Defendant/Respondent/Contestant Attorney or Party without attorney
Type or print name of [J Party without attorney [J Attorney for (Signature)
7 Plaintifi/Petitioner [] Defendant/Respondent/Contestant Attorney or Party without attorney
Type or print name of EJ Party without attomey EJ Attomey for (Signature)
7 Plaintifi/Petitioner [] Defendant/Respondent/Contestant Attorney or Party without attorney
Type or print name of LJ Party without attomey [J Attorney for (Signature)
7 Plaintifi/Petitioner (J Defendant/Respondent/Contestant Attorney or Party without attorney
IT IS SO ORDERED:
Date: Judicial Officer of the Superior Court of San Mateo County
Form ADR-CV-1 [Rev. March 2021]
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LOCAL COURT
RULES
As Amended
Effective January 1, 2021
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
Hall of Justice and Records
400 County Center, 2" Floor
Redwood City, California 94063
Superior Court of California, County of San Mateo
TABLE OF CONTENTS
FILING INSTRUCTIONS
LIST OF EFFECTIVE RULES
INTRODUCTION
DIVISION I
APPELLATE DEPARTMENT
DIVISION II
COURT MANAGEMENT - SUPERIOR COURT
DIVISION TT
CIVIL LAW AND MOTION - SUPERIOR COURT
DIVISION IV
PROBATE DEPARTMENT
DIVISION V
FAMILY LAW DEPARTMENT AND FAMILY COURT SERVICES
DIVISION VI
OTHER SPECIAL DEPARTMENTS AND CALENDARS
DIVISION VII
CLASS ACTIONS
DIVISION VII
SPECIAL MASTERS/REFEREES - SUPERIOR COURT
DIVISION IX
CRIMINAL DEPARTMENT
DIVISION X
JUDICIAL ARBITRATION FOR CIVIL CASES - SUPERIOR COURT
DIVISION XI
CIVIL RULES
ATTACHMENT I
LOCAL COURT FORMS
ALPHABETICAL INDEX
Superior Court of California, County of San Mateo
LOCAL COURT RULES
FILING INSTRUCTIONS
UPDATES EFFECTIVE JANUARY 1, 2021
Please update your Superior Court of California, County of San Mateo Local Rules Binder by
removing and inserting the attached amendments by following these instructions:
REMOVE THESE EXISTING PAGES INSERT THESE NEW PAGES
From the front of the binder
a) Cover Page a) Cover Page
b) Filing Instructions b) Filing Instructions (iii-xiii)
c) Summary of Changes c) List of Currently Effective Rules (i-xiii)
d) List of Currently Effective Rules
Division II (pages 57 — 76) Division II (pages 43 — 53)
Division III (77-84) Division III (54-77)
Division VI (174-185) Division VI (167-177)
Division VIII (188-190) Division VIII (180-181)
Di sion X (197-199) Division X (189-190)
Division XI (200-205) Division XI (191-194)
Alphabetical Index (217-228) Alphabetical Index (205-217)
Revisions effective January 1, 2021
The following are the sections revised that become effective on January 1, 2021:
Cover Page
Filing Instructions
List of Currently Effective Rules
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Superior Court of California, County of San Mateo
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Superior Court of California, County of San Mateo
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James P. Carter (SBN 150052) Electronically Remick M. Stahl (SBN 317065) JACKSON LEWIS P.C. by Superior Court of California, County of San Mateo 200 Spectrum Center Drive, Suite 500 ON 4/14/2021 Irvine, CA 92618 By. Is Marcela Enriquez Phone: (949) 885-1360 Fax: (949) 885-1380 James.Carter@jacksonlewis.com Remick.Stahl@jacksonlewis.com Attorneys for Plaintiff BLUEPEARL OPERATIONS, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO 10 11 BLUEPEARL OPERATIONS, LLC, CASE NO.: 21-CIV-01826 12 Plaintiff, [Assigned for all purposes to the Hon. Nancy L. Fineman, Dept. 4] 13 Vv. 14 SEAN WELLS; SAN FRANCISCO AMENDED NOTICE OF ASSIGNMENT VETERINARY MEDICAL GROUP, INC. dba AND CASE MANAGEMENT STATEMENT 15 NOR CAL VETERINARY EMERGENCY AND CIVIL CMC PACKET AND SPECIALTY HOSPITAL; LAFAYETTE 16 VETERINARY HOSPITAL INC.; NOR CAL VETERINARY SURGICAL CENTER INC. 17 dba PACIFIC VETERINARY EMERGENCY & SPECIALTY HOSPITAL; NORTHERN Complaint Filed: December 11, 2020 18 CALIFORNIA VETERINARY SURGICAL, Trial Date: Not Set INC.; and DOES 1-100, inclusive, 19 Defendants. 20 AND RELATED CROSS-CLAIMS 21 22 23 24 25 26 27 28 1 AMENDED NOTICE OF ASSIGNMENT AND CIVIL CMC PACKET TO THE HONORABLE COURT AND ALL PARTIES AND COUNSEL OF RECORD: AMENDED NOTICE IS HEREBY GIVEN that the matter has been assigned for all purposes to the Honorable Nancy L. Fineman in Department 4 of the above-captioned court, and a case management conference will take place on August 4, 2021 at 9:00 a.m. in the same department. A true and correct copy of the Court’s Notice and Civil CMC Packet is attached hereto as Exhibit A. Dated: April 14, 2021 JACKSON LEWIS P.C. James P. Carter 10 Remick M. Stahl 11 Attorneys for Plaintiff BLUEPEARL OPERATIONS, LLC 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 AMENDED NOTICE OF ASSIGNMENT AND CIVIL CMC PACKET EXHIBITA rE FOR COURT USE ONLY SUPERIOR COURT OF SAN MATEO COUNTY 7 rit Civil Division 400 County Center, 1% Floor, Room A Redwood City, CA 94063 (650) 261-5100 FILED ara www.sanmateocourt.org SAN MATEO COUNTY 3/26/2021 PETITIONER/PLAINTIFF: BLUEPEARL OPERATIONS, LLC Clerk of the Superior Court /s/ Anthony Berini RESPONDENT/DEFENDANT: SEAN WELLS; SAN FRANCISCO VETERINARY DEPUTY CLERK MEDICAL GROUP, INC.; LAFAYETTE VETERINARY HOSPITAL INC.; NOR CAL VETERINARY SURGICAL CENTER INC.; NORTHERN CALIFORNIA VETERINARY SURGICAL INC.; DOES 1 - 100, INCLUSIVE CASE NUMBER: NOTICE OF ASSIGNMENT FOR ALL PURPOSES (CIVIL) AND 21-ClV-01826 NOTICE OF CASE MANAGEMENT CONFERENCE By order of the Presiding Judge pursuant to San Mateo County Superior Court Local Rule 3.200(a) the above entitled matter is assigned for all purposes to: Nancy L. Fineman in Department 4. An Initial Case Management Conference is set before the Civil Commissioner, as follows: DATE: 8/4/2021 TIME: 9:00 AM LOCATION: 1050 Mission Road, South San Francisco, CA 94080 APPEARANCES SHALL BE REMOTE ONLY. Please visit our website at for information on remote appearances: https://www.sanmateocourt.org/general_info/remote_appearance.php ASSIGNED DEPARTMENT INFORMATION To schedule a Law and Motion Hearing, please see Local Rule 3.402, or visit the assigned Judicial Officer’s webpage at: www.sanmateocourt.org/civiljudges. Contact information for your assigned department is as follows: Judicial Officer Department Phone Department E-mail Nancy L. Fineman 650-261-5104 Dept4@sanmateocourt.org CASE MANAGEMENT CONFERENCE INFORMATION You are hereby given notice of your Initial Case Management Conference. The date, time and department are noted above. 1, In accordance with applicable California Rules of the Court and Local Rules, you are hereby ordered to: a) Serve all named defendants and file proofs of service on those defendants with the court within 60-days of filing the complaint (CRC 3.110(b); Local Rule 3.804). b) Serve a copy of this Notice, blank form of the Case Management Statement and ADR Information Package on all named parties in this action (Local Rule 3.804(a)). Documents are available online under the CIVIL CMC Packet section at: ht ‘sanmateocourt.or} court_divisions/civi c) File and serve a completed Case Management Statement at least 15 days before the Case Management Conference (CRC 3.725; Local Rule 3.805(c)). Failure to do so may result in monetary sanctions or the Rev. November 2020 continuance of the CMC. d) Meet and confer, in person or by telephone, to consider each of the issues identified in CRC 3.724 no later than 30 days before the date set for the Case Management Conference (Local Rule 3.805(b)). 2. Parties may proceed to an Appropriate Dispute Resolution process (“ADR”) by filing a Stipulation and Order to ADR (Local Form ADR-CV-1). File and serve the completed Stipulation and Order to ADR form at least 12 days prior to the Case Management Conference (Local Rule 3.805(f)). You may find this form and information regarding the Civil ADR Program online at http://sanmateocourt.org/court_divisions/adr/civil/ For additional information, you may visit the Judicial officer’s webpage at: www.sanmateocourt.org/civiljudges CLERK’S CERTIFICATE OF SERVICE | hereby certify that | am the clerk of this Court, not a party to this cause; that | served a copy of this notice on the below date, (by hand [1 by electronic service to the parties or their counsel of record at the email addresses set forth below and shown by the records of this Court or [XJ by placing a copy thereof in separate sealed envelopes addressed to the address shown by the records of this Court, and by then sealing said envelopes and depositing same, with postage fully pre-paid thereon, in the United States Mail at Redwood City, California. Date: 3/26/2021 Neal | Taniguchi, Court Executive Officer/Clerk By: _/s/ Anthony Berini Anthony Berini, Deputy Clerk Notice being served on: JOEL P KELLY JACKSON LEWIS PC 725 SOUTH FIGUEROA STREET SUITE 2500 LOS ANGELES CA 90017-5408 Rev. November 2020 CM-110 ‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO. FAX NO. (Optional) E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [-] UNLIMITED CASE [_] Limitep CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) |A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Time: Dept.: Div.: Room: \Address of court (if different from the address above): __] Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. [__] This statement is submitted by party (name): b. [_] This statement is submitted jointly by parties (names): Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. [__] The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a. [__] All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [_] The following parties named in the complaint or cross-complaint (1) [-_] have not been served (specify names and explain why not): (2) [-] have been served but have not appeared and have not been dismissed (specify names): (3) [-_] have had a default entered against them (specify names): c. [_] The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of casein [__] complaint [J cross-complaint (Describe, including causes of action): Page 1 of5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California rules 3.720-3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 4.b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) [_] (/f more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial a. The party or parties request [__] a jury trial [J a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. [__] The trial has been set for (date): b. [__] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Estimated length of trial The party or parties estimate that the trial will take (check one): a. [__] days (specify number): b. [-_] hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [J by the attorney or party listed in the caption [1 by the following: a Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: [J Additional representation is described in Attachment 8. Preference [_] This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [—_] has [J has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party [__] has [__] has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [_] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) [___] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) ] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): [The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): |stipulation): [_] Mediation session not yet scheduled [_] Mediation session scheduled for (date): (1) Mediation CJ [_] Agreed to complete mediation by (date): [J Mediation completed on (date): [_] Settlement conference not yet scheduled (2) Settlement [J Settlement conference scheduled for (date): conference [J Agreed to complete settlement conference by (date): [J Settlement conference completed on (date): [-] Neutral evaluation not yet scheduled [J Neutral evaluation scheduled for (date): (3) Neutral evaluation [_] Agreed to complete neutral evaluation by (date): [J Neutral evaluation completed on (date): [J Judicial arbitration not yet scheduled (4) Nonbinding judicial [J Judicial arbitration scheduled for (date): arbitration [-] Agreed to complete judicial arbitration by (date): [-] Judicial arbitration completed on (date): [J Private arbitration not yet scheduled (5) Binding private [J Private arbitration scheduled for (date): arbitration [-] Agreed to complete private arbitration by (date): [J Private arbitration completed on (date): [J ADR session not yet scheduled [-] ADR session scheduled for (date): (6) Other (specify): [-] Agreed to complete ADR session by (date): [-] ADR completed on (date): CM-110 [Rev. July 1, 2017] Page 3 of5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 11. Insurance a. [__] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [__] Yes [J No c. [__] Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. [J Bankruptcy [__] Other (specify): Status: 13. Related cases, consolidation, and coordination a. [__] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [J Additional cases are described in Attachment 13a. b. [-_] Amotion to [_] consolidate [J coordinate will be filed by (name party): 14. Bifurcation [-] The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions [__] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. [__] The party or parties have completed all discovery. b. [__] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriptiot Date c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 17. Economic litigation a. [__] This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. [_] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues [_] The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. [__] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. [__] After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: (TYPE OR PRINT NAME) > (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) > (SIGNATURE OF PARTY OR ATTORNEY) [J Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT APPROPRIATE DISPUTE RESOLUTION INFORMATION SHEET SUPERIOR COURT OF CALIFORNIA, SAN MATEO COUNTY In addition to the court provided voluntary and mandatory settlement conferences, this court has established, in partnership with the community and Bar Association, the Multi- Option ADR Project. Recognizing that many civil disputes can be resolved without the time and expense of traditional civil litigation, the San Mateo County Superior Court encourages the parties in civil cases to explore and pursue the use of Appropriate Dispute Resolution WHAT IS APPROPRIATE DISPUTE RESOLUTION? Appropriate Dispute Resolution (ADR) is the general term applied to a wide variety of dispute resolution processes which are alternatives to lawsuits. Types of ADR processes include arbitration, mediation, neutral evaluation, mini-trials, settlement conferences, private judging, negotiation, and hybrids of these processes. All ADR processes offer a partial or complete alternative to traditional court litigation for resolving disputes. WHAT ARE THE ADVANTAGES OF USING ADR? ADR can have a number of advantages over traditional court litigation. . ADR can save time. Even in a complex case, a dispute can be resolved through ADR in a matter of months or weeks, while a lawsuit can take years. ADR can save money. By producing earlier settlements, ADR can save parties and courts money that might otherwise be spent on litigation costs (attorney's fees and court expenses). ADR provides more participation. Parties have more opportunity with ADR to express their own interests and concerns, while litigation focuses exclusively on the parties’ legal rights and responsibilities. ADR provides more control and flexibility. Parties can choose the ADR process most appropriate for their particular situation and that will best serve their particular needs. ADR can reduce stress and provide greater satisfaction. ADR encourages cooperation and communication, while discouraging the adversarial atmosphere found in litigation. Surveys of disputants who have gone through ADR have found that satisfaction with ADR is generally high, especially among those with extensive ADR experience. Arbitration, Mediation, and Neutral Evaluation Although there are many different types of ADR processes, the forms most commonly used to resolve disputes in California State courts are Arbitration, Mediation and Neutral Evaluation. The Multi-Option ADR Project a partnership of the Court, Bar and Community offers pre-screened panelists with specialized experience and training in each of these areas. Arbitration: An arbitrator hears evidence presented by the parties, makes legal rulings, determines facts and makes an arbitration award. Arbitration awards may be entered as Form ADR-CV-8 “Court ADR Information Sheet ADR-CV-8" [Rev. Feb. 2014] judgments in accordance with the agreement of the parties or, where there is no agreement, in accordance with California statutes. Arbitrations can be binding or non- binding, as agreed by the parties in writing. Mediation: Mediation is a voluntary, informal, confidential process in which the mediator, a neutral third party, facilitates settlement negotiations. The mediator improves communication by and among the parties, helps parties clarify facts, identify legal issues, explore options and arrive at a mutually acceptable resolution of the dispute. Neutral Evaluation: Involves presentations to a neutral third party with subject matter expertise who may render an opinion about the case the strengths and weaknesses of the positions, the potential verdict regarding liability, and a possible range for damages. CIVIL ADR PROCEDURES FOR THE SAN MATEO COUNTY SUPERIOR COURT e Upon filing a Complaint, the Plaintiff will receive this information sheet from the Superior Court Clerk. Plaintiff is expected to include this information sheet when he or she serves the Complaint on the Defendant. All parties to the dispute may voluntarily agree to take the matter to an ADR process. A stipulation is provided here. Parties chose and contact their own ADR provider. A Panelist List is available online. If the parties have not agreed to use an ADR process, an initial Case Management Conference (“CMC”) will be scheduled within 120 days of the filing of the Complaint. An original and copy of the Case Management Conference Statement must be completed and provided to the court clerk no later than 15 days prior to the scheduled conference. The San Mateo County Superior Court Case Management Judges will strongly encourage all parties and their counsel to consider and utilize ADR procedures and/or to meet with the ADR director and staff where appropriate. If the parties voluntarily agree to ADR, the parties will be required to sign and file a Stipulation and Order to ADR. A timely filing of a stipulation (at least 10 days prior to the CMC) will cause a notice to vacate the CMC. ADR stipulated cases (other than judicial arbitration) will be continued for further ADR/Case Management status review in 90 days. If the case is resolved through ADR, the status review date may be vacated if the court receives a dismissal or judgment. The court may upon review of case information suggest to parties an ADR referral to discuss matters related to case management, discovery and ADR. Any ADR Services shall be paid for by the parties pursuant to a separate ADR fee agreement. The ADR Director may screen appropriate cases for financial aid where a party is indigent. Local Court Rules require your cooperation in evaluating the ADR Project and will expect a brief evaluation form to be completed and submitted within 10 days of completion of the process. You can find ADR forms on the ADR webpage: www.sanmateocourt.org/adr. For more information contact the Multi-Option ADR Project at (650) 261-5075 or 261-5076. Form ADR-CV-8 “Court ADR Information Sheet ADR-CV-8" [Rev. Feb. 2014] Print Form SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO i Mutti Option ADR PROJECT HALL OF JUS’ ND RECORDS 400 COUN ER REDWOOD CI ‘ORNIA 94063 ADR Stipulation and Evaluation Instruction: In accordance with Local Rule 3.904(b), all parties going to ADR must complete a Stipulation and Order to ADR and file it with the Clerk of the Superior Court. The Office of the Clerk is located at: Clerk of the Superior Court, Civil Division Superior Court of California, County of San Mateo 400 County Center Redwood City, CA 94063-1655 There is no filing fee for filing the stipulation. An incomplete stipulation will be returned to the parties by the Clerk’s Office. All stipulations must include the following: Qa Signatures for all attorneys (and/or parties in pro per); Qa The name and phone number of the neutral; Qa Date of the ADR session (date must include month, day and year. TBD or tentative responses will not be accepted); and Qa Service List (Counsel need not serve the stipulation on parties). Parties mutually agree on a neutral and schedule ADR sessions directly with the neutral. If parties would like a copy of the court’s Civil ADR Program Panelist List and information sheets on individual panelists, they may visit the court’s website at www.sanmateocourt.org/adr. If Filing the Stipulation Prior to an Initial Case Management Conference To stipulate to ADR prior to the initial Case Management Conference (CMC), parties must file a completed stipulation at least 10 days before the scheduled case management conference. The clerk will send notice of a new case management conference date approximately 90 days from the current date to allow time for the ADR process to be completed. If Filing Stipulation Following a Case Management Conference or Following an Order to Vacate Cas: Management Conference and Order to ADR When parties are referred to ADR at the CMC, or parties receive an Order Vacating Case Management Conference and Order to ADR, they have 21 days from the date of the CMC or Order to file a Stipulation and Order to ADR with the court [Local Rule 3.904(b)]. Post-ADR Session Evaluations Submit post-ADR session evaluations within 10 days of completion of the ADR process. Evaluations are to be filled out by both attorneys and clients. A copy of the Evaluation by Attorneys and Client Evaluation will be mailed by the ADR department as the mediation session date approaches, or can be downloaded from the court’s web site. Non-Binding Judicial Arbitratio: Names and dates are not needed for stipulations to judicial arbitration. The Judicial Arbitration Administrator will send a list of names to parties once a stipulation has been submitted. For further information regarding San Mateo Superior Court’s Civil ADR and Judicial Arbitration Programs, visit the Court’s website at www.sanmateocourt.org/adr or contact the ADR offices at (650) 261-5075. Form ADR-CV-1 [Rev. March 2021] Attorney or Party without Attorney (Name, Address, Telephone, Fax, Court Use Only State Bar membership number): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO Hall of Justice and Records 400 County Center Redwood City, CA 94063-1655 (650) 261-5100 Plaintifi(s): Case number: Defendant(s): Current CMC Date: STIPULATION AND ORDER TO APPROPRIATE DISPUTE RESOLUTION Plaintiff will file this stipulation with the Clerk’s Office 10 days prior to or 3 weeks following the first Case Management Conference or Order to ADR unless directed otherwise by the Court and ADR Department [Local Rule 3.904(b)]. Please attach a Service List. The parties hereby stipulate that all claims in this action shall be submitted to (select one): (O) Voluntary Mediation (©)Binding Arbitration (private) (Q) Neutral Evaluation (O) Settlement Conference (private) (©) Non-Binding Judicial Arbitration CCP 1141.12 ©)Summary Jury Trial Other: Case Type: Neutral’s name and telephone number: Date of session: (Required for continuance of CMC except for non-binding judicial arbitration) Identify by name the parties to attend ADR session: Original Signatures Type or print name of EJ Party without attomey [J Attomey for (Signature) 1 Plaintitt/Petitioner F] Defendant/Respondent/Contestant Attorney or Party without attorney Type or print name of [J Party without attorney [J Attorney for (Signature) 7 Plaintifi/Petitioner [] Defendant/Respondent/Contestant Attorney or Party without attorney Type or print name of EJ Party without attomey EJ Attomey for (Signature) 7 Plaintifi/Petitioner [] Defendant/Respondent/Contestant Attorney or Party without attorney Type or print name of LJ Party without attomey [J Attorney for (Signature) 7 Plaintifi/Petitioner (J Defendant/Respondent/Contestant Attorney or Party without attorney IT IS SO ORDERED: Date: Judicial Officer of the Superior Court of San Mateo County Form ADR-CV-1 [Rev. March 2021] SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO > cua aad OF Ds SFPO diy 0 » Bes S S SAG 0 e Ha fy fh Bo A G Alp) *e tan Coa Si iSSF Q Q} 7V Qy OF SAN SY Wins LOCAL COURT RULES As Amended Effective January 1, 2021 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO Hall of Justice and Records 400 County Center, 2" Floor Redwood City, California 94063 Superior Court of California, County of San Mateo TABLE OF CONTENTS FILING INSTRUCTIONS LIST OF EFFECTIVE RULES INTRODUCTION DIVISION I APPELLATE DEPARTMENT DIVISION II COURT MANAGEMENT - SUPERIOR COURT DIVISION TT CIVIL LAW AND MOTION - SUPERIOR COURT DIVISION IV PROBATE DEPARTMENT DIVISION V FAMILY LAW DEPARTMENT AND FAMILY COURT SERVICES DIVISION VI OTHER SPECIAL DEPARTMENTS AND CALENDARS DIVISION VII CLASS ACTIONS DIVISION VII SPECIAL MASTERS/REFEREES - SUPERIOR COURT DIVISION IX CRIMINAL DEPARTMENT DIVISION X JUDICIAL ARBITRATION FOR CIVIL CASES - SUPERIOR COURT DIVISION XI CIVIL RULES ATTACHMENT I LOCAL COURT FORMS ALPHABETICAL INDEX Superior Court of California, County of San Mateo LOCAL COURT RULES FILING INSTRUCTIONS UPDATES EFFECTIVE JANUARY 1, 2021 Please update your Superior Court of California, County of San Mateo Local Rules Binder by removing and inserting the attached amendments by following these instructions: REMOVE THESE EXISTING PAGES INSERT THESE NEW PAGES From the front of the binder a) Cover Page a) Cover Page b) Filing Instructions b) Filing Instructions (iii-xiii) c) Summary of Changes c) List of Currently Effective Rules (i-xiii) d) List of Currently Effective Rules Division II (pages 57 — 76) Division II (pages 43 — 53) Division III (77-84) Division III (54-77) Division VI (174-185) Division VI (167-177) Division VIII (188-190) Division VIII (180-181) Di sion X (197-199) Division X (189-190) Division XI (200-205) Division XI (191-194) Alphabetical Index (217-228) Alphabetical Index (205-217) Revisions effective January 1, 2021 The following are the sections revised that become effective on January 1, 2021: Cover Page Filing Instructions List of Currently Effective Rules Division II Di sion III Division VI Division VIII Division X Division XI Alphabetical Index Revisions effective July 1, 2020 The following are the sections revised that become effective on July 1, 2020: Cover Page Filing Instructions Summary of Changes List of Currently Effective Rules Di sion II Division IX Attachment | Revisions effective January 1, 2020 The following are the sections revised that become effective on January 1, 2020: Filing Instructions - ili- Revised 01/01/2021 Superior Court of California, County of San Mateo Cover Page Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Local Court Forms Alphabetical Index Division I Division II Division IIT Divi sion IV Di sion V Di sion VI Division IX Revisions effective July 1, 2019 The following are the sections revised that become effective on July 1, 2019: Cover Page Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Division II Division IV Revisions effective January 1, 2019 The following are the sections revised that become effective on January 1, 2019: Cover Page Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Division II Division IIT Division IV Division VI Division IX Revisions effective July 1, 2018 The following are the sections revised that become effective on January 1, 2018: Cover Page Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Division II Division IIT Filing Instructions -iv- Revised 01/01/2021 Superior Court of California, County of San Mateo Di sion IV Division V Revisions effective January 1, 2018 The following are the sections revised that become effective on January 1, 2018: Cover Page Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Division IV Revisions effective July 1, 2017 The following are the sections revised that become effective on July 1, 2017: Cover Page Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Division II Division V, Appendix 1 Revisions effective January 1, 2017 The following are the sections revised that become effective on January 1, 2017: Cover Page and Update Instructions Table of Contents Summary of Changes List of Currently Effective Rules Division II Division V, Division VII Revisions effective January 1, 2016 The following are the sections revised that become effective on January 1, 2016: Cover Page and Update Instructions Table of Contents Summary of Changes List of Currently Effective Rules Alphabetical Index Division V Attachment “I” Local Court Forms Revisions effective July 1, 2015 The following are the sections revised that become effective on July 1, 2015: Cover Page and Update Instructions Filing Instructions -v- Revised 01/01/2021 Superior Court of California, County of San Mateo Table of Contents Summary of Changes List of Currently Effective Rules Alphabetical Index Division II Division III Division VI Revisions effective January 1, 2015 The following are the sections revised that become effective on January 1, 2015: Cover Page and Update Instructions Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Alphabetical Index Division III Division IV Division V Revisions effective January 1, 2014 The following are the sections revised that become effective on January 1, 2014: Cover Page and Update Instructions Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Alphabetical Index Division II Division III Division IV Division V Revisions effective July 1, 2013 The following are the sections revised that become effective on July 1, 2013: Cover Page and Update Instructions Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Alphabetical Index Division IV Division V Division VI Division XI Filing Instructions -Vi- Revised 01/01/2021 Superior Court of California, County of San Mateo Revisions effective January 1, 2013 To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Division II Division III Division IV Division V (Table of Contents and pages 400-452 with revised Table of Contents and pages 400-452) Division VI (Table of Contents and pages 500-528 and all Appendices | and 2 with revised Table of Contents and pages 500-528 and all Appendices | and 2) Division XI Attachment “I” Local Court Forms (New) — insert at the end of the set of the Local Court Rules Revisions effective July 1, 2012 To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Division IV (Table of Contents and pages 400-452 with revised Table of Contents and pages 400-452) Division V (Table of Contents and pages 500-528 and all Appendices | and 2 with revised Table of Contents and pages 500-528 and all Appendices | and 2) Attachment “I” Local Court Forms (New) — insert at the end of the set of the Local Court Rules Revisions effective January 1, 2012 To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Division II (Table of Contents and pages 200 to 216 with revised Table of Contents and pages 200 to 217) Division IV (Table of Contents and pages 400-452 with revised Table of Contents and pages 400-452) Filing Instructions - vil- Revised 01/01/2021 Superior Court of California, County of San Mateo Division V (Table of Contents and pages 500-528 and all Appendices | and 2 with revised Table of Contents and pages 500-528 and all Appendices | and 2) Revisions effective July 1, 2011 To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Di on II (Table of Contents and pages 200 to 216) Division IV (Table of Contents and pages 400-451 with revised Table