Jun. 1, 2020

covid-19 information

Civil Matters Updated 5/11/2020

Remote Settlement Conferences
Beginning Monday, May 11th, the Court is offering settlement conferences through Zoom for Civil/Probate matters Monday through Thursday, both am and pm sessions. Parties may submit a request to set a settlement conference by email including all parties to settlements@napa.courts.ca.gov. To make a request please fill out and submit the fillable Request form found here.  Parties will provide on the form your preferred dates/times in order of preference, falling in a date range between 3-10 days from your request. Once a Request form is submitted by email, your matter will be scheduled and you will be emailed a confirmation with additional information including a Zoom link. (There will be an option for phone-in only for anyone lacking Zoom access, but video appearances are strongly encouraged). These settlement conferences will be offered only as long as time permits.  Once we are able to resume hearings, hopefully in June, they will have to be discontinued, possibly abruptly, in order for us to deal with the press of other court business.

Civil/Probate Filings
The Court is not currently processing non-urgent Civil/Probate filings. The Court has declared March 18, 2020 through May 29, 2020 a court holiday for purposes of computing the time for filing papers with the Court under Code of Civil Procedure sections 12 and 12a. (Gov. Code, § 68115(a)(4).)  Please refer to Emergency rules 9 & 10 of the Amendments to the California Rules of Court, adopted by the Judicial Council on April 6, 2020, regarding extensions of civil filing/trial deadlines.

Beginning Monday, May 4, 2020, the Court will begin processing Civil/Probate stipulations with proposed orders/judgments.  These documents (and filing fees, if applicable) may be submitted through U.S. mail , the Court’s E-Filing system, or left in the Court’s drop box located in the lobby of the Criminal Court Building (1111 Third Street), which is accessible during court business hours.

Civil/Probate Jury and Bench Trials, Trial Management Conferences and Mandatory Settlement Conferences
All civil cases currently set between Monday, April 13, 2020 and Friday, May 29, 2020, for jury or bench trials, trial management conferences (TMCs) and/or mandatory settlement conferences (MSCs), will have their trial, TMC and MSC dates vacated.  These cases will be continued to a trial-setting conference eight weeks from the currently set TMC. Notice of the trial-setting conference will be provided by mail.  Statutory deadlines for discovery and motions will be based on the new trial dates, except for deadlines that had already passed prior to March 18, 2020.  

Parties are strongly encouraged to meet and confer to agree upon a new trial date (and dates for TMC and/or MSC, as appropriate) and to submit a written stipulation and proposed order for the same. Any such proposed order should include language to vacate the trial-setting conference. If the Court is unable to accommodate the agreed-upon trial date, it will decline to sign the proposed order and keep the trial-setting conference on calendar.

Law and Motion Calendar
All law and motion matters (including 8:30 probate matters, name change petitions and Case Management Conferences) scheduled between Monday, April 13, 2020 and Friday, May 29, 2020, will be continued to a new date eight weeks from the currently set hearing date. Notice of the new hearing date will be provided by mail.

If parties believe a continuance of a law and motion matter results in the need to continue trial, they are strongly encouraged to meet and confer to agree upon a new trial date (and dates for TMC and/or MSC, as appropriate) and to submit a written stipulation and proposed order for the same.

Judicial Foreclosures
In accordance with state-wide emergency orders, all actions for foreclosure on a mortgage or deed of trust, including actions for a deficiency judgment, are stayed.  The Court will take no action and issue no judgment unless required for public health and safety.  Statutes of limitations for filing such actions are tolled.  This rule will remain in effect until 90 days after the Governor lifts the state or emergency or further order of the Court.

Mental Health-Related Civil Matters
Petitions for permanent conservatorship (both Probate and LPS), as well as biennial reviews and accountings scheduled between Monday April 6, 2020 and Friday, May 29, 2020, will be continued to a new date that is eight weeks from the currently set hearing date, with temporary orders to remain pending the next hearing date. Notice of the new hearing date will be provided by mail. Newly filed petitions will be scheduled for hearing after May 29, 2020.

Petitions for temporary conservatorships and petitions for renewal of LPS conservatorships will continue to be processed as normal, but parties are encouraged to submit the matters on paperwork to be decided without hearing. If a hearing is necessary, it will be scheduled on a Thursday at 8:30 am in Department 2.  Counsel should make every effort to arrange for appearances by CourtCall.

Petitions for Writs of Habeas Corpus will be scheduled and heard on Thursdays at 8:30 am in Department 2. Counsel should make every effort to arrange for appearances by CourtCall.

Petitions for Involuntary Medical Treatment will continue to be processed as normal and heard on Thursdays at 8:30 am in Department 2. Counsel should make every effort to arrange for appearances by CourtCall.

Petitions for Orders Compelling Involuntary Treatment with Anti-Psychotic Medication, Petitions for Relief from Firearms Prohibition, and Petitions for Electric Shock Therapy currently scheduled between Monday, April 6, 2020 and Friday, May 29, 2020, will be continued to a new date that is eight weeks from the currently set hearing date, with current orders to remain in full force and effect pending the next court date. Notice of the new hearing date will be provided by mail.

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