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FILED
SAN MATEO COUNTY
SUPERIOR COURT OF THE STATE OF CALIFORNIA JUL 0 2 ZUZU
TN AND FOR THE COUNTY OF SAN MATEO Clerk ofthe Superior
By
DEPUTY CLERK
ALL CIVIL ACTION ASSIGNED TO A11 Civil Cases Assigned for Any Purpose to
Department 22, Hon. Danny Y. Chou
DEPARTMENT 22
COVID-19 EMEREGENCY CASE
MANAGEMENT ORDER
WHEREAS the March 30, 2020 Order of the Chief Justice of California states in relevant part
lo that:
11 I nd good cauSe to . ..support courts in making use of available technology, when possible, to
12 conduct judicial proceedings and court operations remotely, suspend any rule in the California
13 Rules of Court to the extent such rule would prevent a c‘ourt om using technology to conduct
14 judicial proceedings and court operations remotely, in order to protect the health and safety of
15 the public, court personnel, judicial ofcers, litigants, and witnesses. This is consistent with the
16 Govemor’s order, which also provides for the suspension of related statutes that impose
17 limitations on the subj ect of those emergency orders.
18 WHEREAS Emergency Rule 3, adopted by the Judicial Council of California and effective April
i
19 6, 2020, states in relevant part:
20 Notwithstanding any other law, in order to protect. the health and safety of the public, including
2’1 court users, both in custody and out of custody defendants, witnesses, court personnel, judicial
22 ofcers, and others, courts must conduct judicial proceedings and court operations as follows:
23 (1) Courts may require that judicial proceedings and court operations be conducted remotely.
A
24 ***
(2)
25 (3) Conducting proceedings remotely includes, but is not limited to, the use of video, audio, and
26 telephonic means for remote appearances; the electronic exchange and authentication of
27 documentary evidence; e-ling and e—service; the use of remote interpreting; and the use of
28
COVID-19 EMERGENCY CMC ORDER - 1
remote reporting and electronic recording to make the ofcial record of an action or
proceeding.
WHEREAS Emergency Rule ll, adopted by the Judicial Council of California and effective
April 6, 2020, states in relevant part:
Notwithstanding any other law, including Code of Civil Procedure section 2025.3 l 0(a) and (b),
and rule 3 . 1 01 0(c) and (d), a party or nonparty depOnent, at their election 0r the election of the
deposing party, is not required to be present with the deposition ofcer at the time of the
deposition.
WHEREAS County health ofcials have deemed professional legal services “essential
lO businesses” and the operation of the court an “essential service” to be conducted consistent with “social
ll distancing protocols”;
12 Accordingly, IT IS HEREBY ORDERED as to all actions singly or otherwise assigned to
13 y
Department 22, the Honorable Danny Y. Chou, that:
l4 l. This Order shall apply and be followed until ten (10) calendar days after all COVID-19
l5 restrictions ordered by the Governor of the State of California, the Chief Justice of California
l6 (Chief Justice), the Judicial Council of California, the San Mateo County Health Ofcer, and
l7 the Presiding Judge of the San Mateo County Superior Court (Presiding Judge) are no longer
18 in effect or until this order is expressly superseded by further order of this Court.
19 2. While in effect, this Order shall supersede any other orders previously issued by this Court to
20 the extent that those previous orders conict with this Order
21 ELECTRONINC SERVICE
22 3. Pursuant to Code of Civil Procedure section 1010.6, rules 2.253(0) and 2.251(0) of the
23 California Rules of Court, and Emergency Rule 12, in all civil actions assigned in whole or in
24 part to Department 22, the Honorable Danny Y. Chou, counsel for all parties shall serve all
25 documents electronically, and accept service of all documents electronically from all other
26 parties, in accordance with Code of Civil Procedure section 1010.6 and the California Rules
27 of Court, except when personal service is required by statute. Counsel for all parties shall
28 meet and confer, agree upon, and keep updated, an e-service list for each civil action. The
COVID-l9 EMERGENCY CMC ORDER —
2
parties are reminded that electronic service of documents may extend time periods for
response by two (2) court days, pursuant to Code of Civil Procedure section 1010.6,
subdivision (a)(4)(B).
MANDATORY E-FILING
. Effective July 1, 2020 and pursuant to Rule 2.253(0) of the California Rules of Court, all
parties in civil actions assigned in whole or in part to Department 22, the Honorable Danny
Y. Chou, shall le all documents electronically.
EXTENSIONS ONLY FOR FILINGS BUT NOT SERVICE
. Pursuant to the authority granted by the Chief Justice, the Presiding Judge issued an order
10 dated March 17, 2020. As extended by subsequent orders, that order stated that dates from
ll March 17, 2020 to May l4, 2020 are “holidays” for purposes of computing the time for f‘_lling
12 papers with the Court under Code of Civil Procedure sections 12 and 12a. As stated in the
l3 order, these emergency “holidays” o_nlx apply to the deadlines for ling papers with the
14 Court, and do n_ot apply to any dates or deadlines regarding the service of papers between the
15 parties, such as discovery requests and responses.
16 SERVICE OF DISCOVERY
17 . All discovery methods (Code of CiV. Proc., § 2019), including but not limited to notices of
18 deposition, special interrogatories, form interrogatories, requests for production of
19 documents, and requests for admission, shall be served electronically upon counsel for the
20 parties. All discovery responses by a party shall be served upon counsel for the parties
21 electronically as well. Production of documents shall be provided in electronic form, unless
22 the parties agree otherwise in writing. If not previously established, the parties, through their
23 counsel, shall meet and confer regarding the possible establishment of a joint electronic
24 document depository for the uploading and downloading of electronic document productions.
25 DEPOSITIONS
26 . The Code of Civil Procedure already provides that all persons, except the deponent and the
27 court reporter, may attend a deposition remotely. Emergency Rule 11 authorizes depositions
28 to be conducted remotely. Accordingly, a_ll notices of deposition, including by subpoena
COVlD-l9 EMERGENCY CMC ORDER - 3
duces tecum, shall be served upon counsel for all parties electronically. Unless otherwise
stipulated in writing by the parties, or unless technologically infeasible, oral depositions shall
be conducted remotely — i.e., the deponent, the court reporter, the attorneys for any party, and
any party shall “attend” the deposition remotely through appropriate video, audio, or
telephonic means. The means shall be selected and identied by the noticing party. If needed,
any interpreter shall appear remotely. If the deposition is noticed for Video recording, the
video operator shall perform such services remotely.
All communications with the deponent during the deposition shall be on the record, other
than communications between the deponent and his/her attorney of record during breaks.
lO During the deposition, there shall be Q direct or indirect electronic communication with the
ll deponent, including, but not limited to, text, email, chat, instant messaging, etc.
12 If the notice of deposition or subpoena includes a request for production of documents at any
l3 oral deposition, the requested documents shall be produced electronically by the deponent to
l4 counsel for all parties at least three (3) business days before the deposition date, unless
15 otherwise agreed upon by counsel for the parties and the deponent in writing.
l6 10. The deponent and his/her attorney may choose to be in the same location for the deposition,
l7 if they follow appropriate “social distancing protocols.” Because professional legal services
18 have been deemed “essential services” and because the operation of the court has been
l9 deemed an “essential service,” it is the Court’s expectation that the deponent and his/her
20 attorney can prepare for the deposition using appropriate “social distancing protocols.”
21 INFORMAL DISCOVERY CONFERENCES
22 11. Consistent with any previous orders issued by the Court, the parties must meet and confer
23 with the Court for all discovery-related matters in an informal discovery conference (IDC)
24 before ling any discovery motion, unless otherwise authorized by the Court.
25 12. Because of the Court’s stafng limitations due to the COVID-19 emergency, all requests for
26 an IDC must be made by sending an email to dept22@samnateoucourt.org, copied to all
27 counsel.
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COVID-l9 EMERGENCY CMC ORDER - 4
13. Each party must serve and email to the Court at dept22@samnateoucourt.org a short brief oh
court pleading paper, limited to no more than three (3) pages (unless otherwise authorized by
the Court), at least two (2) court days before the IDC. The requesting party’s brief shall
include the subject discovery requests and responses _(if any) attached as exhibits.
14. Pursuant to Code of Civil Procedure section 2016.080, subdivision (c)(2), the time for
bringing any motion to compel is tolled starting on the date a party makes the email request
for an IDC to the Court. All requests for an IDC must be made well before the expiration of
the statutory deadline for bringing a motion to compel or any other discovery motion.
SUSPENSION 0F IN-PERSON MEETING REQUIREMENTS
10 15. All requirements for in—person meetings contained in any previous orders issued by this
ll Court are suspended. Any such meeting may be conducted through appropriate video, audio,
12 or telephonic means.
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l4 Dated: jk’l '2 2m
15 Danny Y. Chou
Judge ofthe Superior Court
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COVID—l9 EMERGENCY CMC ORDER - 5
Preview
FILED SAN MATEO COUNTY SUPERIOR COURT OF THE STATE OF CALIFORNIA JUL 0 2 ZUZU TN AND FOR THE COUNTY OF SAN MATEO Clerk ofthe Superior By DEPUTY CLERK ALL CIVIL ACTION ASSIGNED TO A11 Civil Cases Assigned for Any Purpose to Department 22, Hon. Danny Y. Chou DEPARTMENT 22 COVID-19 EMEREGENCY CASE MANAGEMENT ORDER WHEREAS the March 30, 2020 Order of the Chief Justice of California states in relevant part lo that: 11 I nd good cauSe to . ..support courts in making use of available technology, when possible, to 12 conduct judicial proceedings and court operations remotely, suspend any rule in the California 13 Rules of Court to the extent such rule would prevent a c‘ourt om using technology to conduct 14 judicial proceedings and court operations remotely, in order to protect the health and safety of 15 the public, court personnel, judicial ofcers, litigants, and witnesses. This is consistent with the 16 Govemor’s order, which also provides for the suspension of related statutes that impose 17 limitations on the subj ect of those emergency orders. 18 WHEREAS Emergency Rule 3, adopted by the Judicial Council of California and effective April i 19 6, 2020, states in relevant part: 20 Notwithstanding any other law, in order to protect. the health and safety of the public, including 2’1 court users, both in custody and out of custody defendants, witnesses, court personnel, judicial 22 ofcers, and others, courts must conduct judicial proceedings and court operations as follows: 23 (1) Courts may require that judicial proceedings and court operations be conducted remotely. A 24 *** (2) 25 (3) Conducting proceedings remotely includes, but is not limited to, the use of video, audio, and 26 telephonic means for remote appearances; the electronic exchange and authentication of 27 documentary evidence; e-ling and e—service; the use of remote interpreting; and the use of 28 COVID-19 EMERGENCY CMC ORDER - 1 remote reporting and electronic recording to make the ofcial record of an action or proceeding. WHEREAS Emergency Rule ll, adopted by the Judicial Council of California and effective April 6, 2020, states in relevant part: Notwithstanding any other law, including Code of Civil Procedure section 2025.3 l 0(a) and (b), and rule 3 . 1 01 0(c) and (d), a party or nonparty depOnent, at their election 0r the election of the deposing party, is not required to be present with the deposition ofcer at the time of the deposition. WHEREAS County health ofcials have deemed professional legal services “essential lO businesses” and the operation of the court an “essential service” to be conducted consistent with “social ll distancing protocols”; 12 Accordingly, IT IS HEREBY ORDERED as to all actions singly or otherwise assigned to 13 y Department 22, the Honorable Danny Y. Chou, that: l4 l. This Order shall apply and be followed until ten (10) calendar days after all COVID-19 l5 restrictions ordered by the Governor of the State of California, the Chief Justice of California l6 (Chief Justice), the Judicial Council of California, the San Mateo County Health Ofcer, and l7 the Presiding Judge of the San Mateo County Superior Court (Presiding Judge) are no longer 18 in effect or until this order is expressly superseded by further order of this Court. 19 2. While in effect, this Order shall supersede any other orders previously issued by this Court to 20 the extent that those previous orders conict with this Order 21 ELECTRONINC SERVICE 22 3. Pursuant to Code of Civil Procedure section 1010.6, rules 2.253(0) and 2.251(0) of the 23 California Rules of Court, and Emergency Rule 12, in all civil actions assigned in whole or in 24 part to Department 22, the Honorable Danny Y. Chou, counsel for all parties shall serve all 25 documents electronically, and accept service of all documents electronically from all other 26 parties, in accordance with Code of Civil Procedure section 1010.6 and the California Rules 27 of Court, except when personal service is required by statute. Counsel for all parties shall 28 meet and confer, agree upon, and keep updated, an e-service list for each civil action. The COVID-l9 EMERGENCY CMC ORDER — 2 parties are reminded that electronic service of documents may extend time periods for response by two (2) court days, pursuant to Code of Civil Procedure section 1010.6, subdivision (a)(4)(B). MANDATORY E-FILING . Effective July 1, 2020 and pursuant to Rule 2.253(0) of the California Rules of Court, all parties in civil actions assigned in whole or in part to Department 22, the Honorable Danny Y. Chou, shall le all documents electronically. EXTENSIONS ONLY FOR FILINGS BUT NOT SERVICE . Pursuant to the authority granted by the Chief Justice, the Presiding Judge issued an order 10 dated March 17, 2020. As extended by subsequent orders, that order stated that dates from ll March 17, 2020 to May l4, 2020 are “holidays” for purposes of computing the time for f‘_lling 12 papers with the Court under Code of Civil Procedure sections 12 and 12a. As stated in the l3 order, these emergency “holidays” o_nlx apply to the deadlines for ling papers with the 14 Court, and do n_ot apply to any dates or deadlines regarding the service of papers between the 15 parties, such as discovery requests and responses. 16 SERVICE OF DISCOVERY 17 . All discovery methods (Code of CiV. Proc., § 2019), including but not limited to notices of 18 deposition, special interrogatories, form interrogatories, requests for production of 19 documents, and requests for admission, shall be served electronically upon counsel for the 20 parties. All discovery responses by a party shall be served upon counsel for the parties 21 electronically as well. Production of documents shall be provided in electronic form, unless 22 the parties agree otherwise in writing. If not previously established, the parties, through their 23 counsel, shall meet and confer regarding the possible establishment of a joint electronic 24 document depository for the uploading and downloading of electronic document productions. 25 DEPOSITIONS 26 . The Code of Civil Procedure already provides that all persons, except the deponent and the 27 court reporter, may attend a deposition remotely. Emergency Rule 11 authorizes depositions 28 to be conducted remotely. Accordingly, a_ll notices of deposition, including by subpoena COVlD-l9 EMERGENCY CMC ORDER - 3 duces tecum, shall be served upon counsel for all parties electronically. Unless otherwise stipulated in writing by the parties, or unless technologically infeasible, oral depositions shall be conducted remotely — i.e., the deponent, the court reporter, the attorneys for any party, and any party shall “attend” the deposition remotely through appropriate video, audio, or telephonic means. The means shall be selected and identied by the noticing party. If needed, any interpreter shall appear remotely. If the deposition is noticed for Video recording, the video operator shall perform such services remotely. All communications with the deponent during the deposition shall be on the record, other than communications between the deponent and his/her attorney of record during breaks. lO During the deposition, there shall be Q direct or indirect electronic communication with the ll deponent, including, but not limited to, text, email, chat, instant messaging, etc. 12 If the notice of deposition or subpoena includes a request for production of documents at any l3 oral deposition, the requested documents shall be produced electronically by the deponent to l4 counsel for all parties at least three (3) business days before the deposition date, unless 15 otherwise agreed upon by counsel for the parties and the deponent in writing. l6 10. The deponent and his/her attorney may choose to be in the same location for the deposition, l7 if they follow appropriate “social distancing protocols.” Because professional legal services 18 have been deemed “essential services” and because the operation of the court has been l9 deemed an “essential service,” it is the Court’s expectation that the deponent and his/her 20 attorney can prepare for the deposition using appropriate “social distancing protocols.” 21 INFORMAL DISCOVERY CONFERENCES 22 11. Consistent with any previous orders issued by the Court, the parties must meet and confer 23 with the Court for all discovery-related matters in an informal discovery conference (IDC) 24 before ling any discovery motion, unless otherwise authorized by the Court. 25 12. Because of the Court’s stafng limitations due to the COVID-19 emergency, all requests for 26 an IDC must be made by sending an email to dept22@samnateoucourt.org, copied to all 27 counsel. 28 COVID-l9 EMERGENCY CMC ORDER - 4 13. Each party must serve and email to the Court at dept22@samnateoucourt.org a short brief oh court pleading paper, limited to no more than three (3) pages (unless otherwise authorized by the Court), at least two (2) court days before the IDC. The requesting party’s brief shall include the subject discovery requests and responses _(if any) attached as exhibits. 14. Pursuant to Code of Civil Procedure section 2016.080, subdivision (c)(2), the time for bringing any motion to compel is tolled starting on the date a party makes the email request for an IDC to the Court. All requests for an IDC must be made well before the expiration of the statutory deadline for bringing a motion to compel or any other discovery motion. SUSPENSION 0F IN-PERSON MEETING REQUIREMENTS 10 15. All requirements for in—person meetings contained in any previous orders issued by this ll Court are suspended. Any such meeting may be conducted through appropriate video, audio, 12 or telephonic means. 13 l4 Dated: jk’l '2 2m 15 Danny Y. Chou Judge ofthe Superior Court l6 l7 18 19 20 21 22 23 24 25 26 27 28 COVID—l9 EMERGENCY CMC ORDER - 5