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  • Yen VS Mosser Civil Unlimited (Other Real Property (not emin...) document preview
  • Yen VS Mosser Civil Unlimited (Other Real Property (not emin...) document preview
  • Yen VS Mosser Civil Unlimited (Other Real Property (not emin...) document preview
  • Yen VS Mosser Civil Unlimited (Other Real Property (not emin...) document preview
  • Yen VS Mosser Civil Unlimited (Other Real Property (not emin...) document preview
  • Yen VS Mosser Civil Unlimited (Other Real Property (not emin...) document preview
  • Yen VS Mosser Civil Unlimited (Other Real Property (not emin...) document preview
  • Yen VS Mosser Civil Unlimited (Other Real Property (not emin...) document preview
						
                                

Preview

Superior Court of California, County of Alameda Notice of Assignment of Judge for All Purposes Case Number:RG21100261 Case Title: Yen VS Mosser Date of Filing: 05/25/2021 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Pursuant to Rule 3.734 of the California Rules of Court and Title 3 Chapter 2 of the Local Rules of the Superior Court of California, County of Alameda, this action is hereby assigned by the Presiding Judge for all purposes to: Judge: Winifred Y. Smith Department: 21 Address: Administration Building 1221 Oak Street Oakland CA 94612 Phone Number: (510) 267-6937 Fax Number: Email Address: Dept21@alameda.courts.ca.gov Under direct calendaring, this case is assigned to a single judge for all purposes including trial. Please note: In this case, any challenge pursuant to Code of Civil Procedure section 170.6 must be exercised within the time period provided by law. (See Code Civ. Proc. §§ 170.6, subd. (a)(2) and 1013.) NOTICE OF NONAVAILABILITY OF COURT REPORTERS: Effective June 4, 2012, the court willnot provide a court reporter for civillaw and motion hearings, any other hearing or trialin civildepartments, or any afternoon hearing in Department 201 (probate). Parties may arrange and pay for the attendance of a certified shorthand reporter. In limited jurisdiction cases, parties may request electronic recording. Amended Local Rule 3.95 states: "Except as otherwise required by law, ingeneral civilcase and probate departments, the services ofan officialcourt reporter are not normally available. For civiltrials,each party must serve and file a statement before the trialdate indicating whether the party requests the presence of an official court reporter." IT IS THE DUTY OF EACH PLAINTIFF AND CROSS COMPLAINANT TO SERVE A COPY OF THIS NOTICE INACCORDANCE WITH LOCAL RULES. Page 1 of 5 General Procedures Following assignment of a civilcase to a specific department, all pleadings, papers, forms, documents and writings can be submitted for filingat either CivilClerk’s Office, located at the René C. Davidson Courthouse, Room 109, 1225 Fallon Street, Oakland, California, 94612, and the Hayward Hall of Justice, 24405 Amador Street, Hayward, California, 94544. All documents, with the exception of the original summons and the original civilcomplaint, shall have clearly typed on the face page of each document, under the case number, the following: ASSIGNED FOR ALL PURPOSES TO JUDGE Winifred Y. Smith DEPARTMENT 21 All parties are expected to know and comply with the Local Rules of this Court, which are available on the court’s website at: http:/Awww.alameda.courts.ca.gov/Pages.aspx/Local- Rules(1) and with the California Rules of Court, which are available at www.courtinfo.ca.gov. Parties must meet and confer to discuss the effective use of mediation or other alternative dispute processes (ADR) prior to the InitialCase Management Conference. The court encourages parties tofile a “Stipulation to Attend ADR and Delay InitialCase Management Conference for 90 Days”. Plaintiffreceived that form in the ADR information package at the time the complaint was filed. The court’s website also contains this form and other ADR information. Ifthe parties do not stipulate to attend ADR, the parties must be prepared to discuss referral to ADR at the InitialCase Management Conference. Email isthe preferred method of communicating with court staff inDepartment 21, particularly for scheduling of law and motion, ex parte application, and case management events. Telephone communications are possible, but use of email will greatly facilitatea prompt response to your inquiries. When a copy of a document must be transmitted to court staff, an email attachment is preferable to fax. Use of an email attachment or fax, however, is not a substitute for filing of pleadings or other documents. All email communications should be copied to allparties for whom an email address is available, so inclusion of available email addresses inthe caption of all filedpapers, as required by California Rule of Court 2.111(1) is critical. Schedule for Department 21 The following scheduling information is subject to change atany time, without notice. Please contact the department at the phone number or email address noted above if you have questions. e Trials generally are held: Trial call isMonday at9:00 am. Trials run Mondays through Thursdays at 9:00 am/9:30 am to 4:30 pm; expect to be in the courtroom from 9 to 5. Cases may "trail"a trial inprogress. e Case Management Conferences are held: InitialCMC's on Mondays and Tuesdays at 8:30 a.m; Continued CMC's on Mondays and Tuesdays at 8:45 a.m. Timely filed and complete CMC statements allow the court to post tentative CMC orders. e Law and Motion matters are heard: Fridays at 10:00 am, 11:00 am, and *2:00 pm. *Only Asbestos matters are set at 2:00 pm. e Settlement Conferences are heard: As specially set. Page 2 of 5 e Ex Parte matters are heard: The court prefers to resolve ex parte applications on the papers only. Before submitting an ex parte application on the papers, (a)email Dept. 21 to advise when papers will be filed, and (b) provide CRC 3.1203(a) notice to all parties. e (ExParte Cont'd) Any written opposition must be filedwithin 24 hours of receipt of notice. If amatter istime sensitive, opposition isexpected, and/or personal appearances are otherwise warranted, the parties may request a time for appearance via email to Dept. 21, copied to all parties. Such appearances, when permitted, willnormally be specially set, and compliance with CRC 3.1203(a) will be strictlyenforced. All other matters are specially set. Always check the website the day before the hearing for developments on your case. See link to above "List of documents" for more information on the department. e Pretrial Conferences are held: Fridays at 9:00 a.m. The hearings are scheduled on a Continued Case Management Conference. Law and Motion Procedures To obtain a hearing date for a Law and Motion or ex parte matter, parties must contact the department as follows: e Motion Reservations Email: Dept.21@alameda.courts.ca.gov When requesting to reserve a hearing, include the case name & number, titleof the motion and identity of the moving party. The court may set a CMC on shortened time before allowing a discovery motion to be filed. e Ex Parte Matters Email: Dept.21@alameda.courts.ca.gov Tentative Rulings The court may issue tentative rulings inaccordance with the Local Rules. Tentative rulings will become the Court’s order unless contested in accordance with the Local Rules. Tentative rulings will be available at: e Website: www.alameda.courts.ca.gov/domainweb, Calendar Information for Dept. 21 e Phone: 1-866-223-2244 Page 3 of 5 Dated: 07/21/2021 EZ Ke Facsimile Presiding Judge, Superior Court of California, County of Alameda CLERK'S CERTIFICATE OF MAILING | certify that the following is true and correct: |am the clerk of the above-named court and not a party to this cause. |served this Notice by placing copies in envelopes addressed as attached hereto and then by sealing and placing them for collection, stamping or metering with prepaid postage, and mailing on the date stated below, in the United States mail at Alameda County, California, following standard court practices. Executed on 07/22/2021 By LD Yong digital Deputy Clerk Page 4 of 5 SHORT TITLE: CASE NUMBER: Yen VS Mosser RG21100261 ADDITIONAL ADDRESSEES Salinas Law Group Attn: Salinas, Robert 428 13th Street, Eight Floor Oakland, CA 94612 Page 5 of 5