PROPOSED COURT RULES

	Court Locations Santa Barbara Santa Maria Lompoc Solvang Courthouse Info Court Holidays Judicial Officers Court Rules Court Rules - Proposed Bail Schedule Legal Decisions Public Index CD-Rom Courtroom Equipment Case Types Vendor/Fee Schedule Filing Fees Forms Court Reporters Interpreters Glossary of Terms Related Agencies	- SANTA BARBARA COUNTY SUPERIOR COURT RULES - NOTICE OF PROPOSED ADOPTION OR AMENDMENT OF RULES, ELECTRONIC AVAILABILITY OF PROPOSALS, AND INVITATION TO COMMENT (Pursuant to the requirements of Rule 10.613, California Rules of Court)   TO: The State Bar of California The Attorney General, State of California Local Bar Associations, Santa Barbara and adjoining Counties Office of County Counsel, Santa Barbara and adjoining Counties Office of District Attorney, Santa Barbara and adjoining Counties Office of Public Defender, Santa Barbara and adjoining Counties Interested Others   Please be advised that, on or about December 1 and June 1 of each year, the Judges of the Superior Court will adopt any additions and/or amendments to the official local Rules of the Court, to be effective on the following January 1 and July 1, respectively. Copies of all rules proposed for adoption will be posted on the Court’s website in conformity with Rule 981 of the California Rules of Court. Please take notice that both the Court's current Rules, as well as any proposed Rules and amendments, are available for review in electronic form on the Court's website, at www.sbcourts.org. Please be further advised that the Court specifically invites any comment you may desire to make regarding the Court's proposed Rule changes, and that a paper copy of the proposed changes to the Rules is also available upon written request. Both requests for paper copies of proposed Rule changes and any comments on proposed Rules must be addressed as follows: Santa Barbara Superior Court Executive Officer PROPOSED COURT RULE CHANGES 1100 Anacapa Street Santa Barbara, California 93105 (805) 568-3150 FAX (805) 568-3137   Thank you for your attention, and for your continuing assistance to us in maintaining and improving the administration and the effectiveness of our local trial court rules. GARY M. BLAIR Superior Court Executive Officer & Clerk of Court Publisher of Trial Court Rules The following amendments and/or additions to our Court Rules are proposed for adoption, with an effective date of January 1, 2008.   1714 CONSERVATORSHIPS (a) [Contents of Conservatorship Petitions] The Petition for Appointment of Conservator shall be on the form prescribed by the Judicial Council and shall comply with the provisions of Section 1821 of the Probate Code. Care should be taken to complete all appropriate portions of the petition. At the time of the filing of the petition, the petitioner shall provide to the clerk an extra copy of each document filed and delivered to the court, including an Order Appointing Court Investigator, for further delivery to the Court Investigator. (b) [Notice of Hearing] The petitioner or petitioner’s attorney shall be responsible for preparation of notice of hearing and where notice of hearing and where notice by mail is required to be given, petitioner or petitioner’s attorney shall give notice and file a proper proof of service. (c) [Letters of Conservator] Prior to the Letters of Conservator being issued, individual conservators shall take the prescribed oath of office as conservator and sign, date and file the Letters of Conservatorship with the court anytime during the conservatorship hearing. (d) [Duties of Conservator] Prior to the Letters of Conservatorship being issued, individual conservators shall purchase and read the "Handbook for Conservators," and complete and file with the clerk of the court the Duties of the Conservator form. Individual conservators shall not complete the Duties of Conservators form with their Social Security Numbers of Driver’s License numbers; these lines on this form shall be left blank. Private professional conservators as defined in Probate Code Section 2341 are not required to purchase the handbook. (e) [Conservatorship Inventory and Appraisement] The court insists on strict compliance with the provisions of Section 2610 of the Probate Code which require the filing of the inventory and appraisement within ninety (90) days of the appointment. Each inventory item shall be clearly and precisely described. In the case of real property the full legal description, street address and assessor’s parcel number must be included. (f) [Conservatorship Accounts] Conservatorship accounts must conform to the requirements of the Probate Code for Probate accountings. The hearing on the account shall be set no sooner than forty-five (45) days from the date of filing to allow the Court Investigator sufficient time to complete the investigation. If the guardian or conservator is a private professional or licensed guardian or conservator, the guardian or conservator shall lodge all original account statements showing the balance as of all periods covered by the accounting. Documents lodged pursuant to this local rule will be retained until the court's determination of the guardian's or conservator's account has become final, at which time the documents shall be returned to the depositing guardian or conservator or delivered to any successor appointed by the court. (g) [Conservatorship Investigation Costs] In any Conservatorship case where a Court investigator has been appointed, the court will require evidence of compliance with the provisions of Section 1851.5 of the Probate Code regarding the assessment of the cost of the investigation, before a conservatorship is terminated and the conservator discharged. (h) [Appointment of Counsel for Conservatee]. If the court determines that it is in the best interests of the conservatee, or the conservatee requests, the appointment of counsel for the conservatee, the court shall appoint counsel from the list of attorneys willing to accept such appointments maintained by the probate clerk, any other attorney appropriate for such appointment or the public defender’s office. Within forty-eight (48) hours of appointment, the court shall order a "meet and confer" for all counsel involved in the conservatorship proceeding, in person or by telephone. (Adopted, eff. 07-01-98, amended eff. 07-01-00; 01-01-08) 705 ATTORNEY COUNSEL FEES STANDARDS; IN TORT ACTIONS INVOLVING MINORS, INSANE OR INCOMPETENT PERSONS Reasonable attorney's fees shall be awarded at the discretion of the Court in a tort action involving a minor, insane or incompetent person. , to which, the following standards shall apply: A.            Petitions for reasonable attorney’s fees shall contain the following information:  1.         A brief statement which sets forth the facts which establish liability. 2.         A statement which outlines all medical treatment furnished, to date, what future medical, if any, is expected to be required and the nature and extent of any permanent injuries sustained by the minor, insane, or incompetent person. 3.         The total medical expenses incurred by the minor, insane, or incompetent person to date and the estimated cost of any anticipated medical attention which will be required in the future. 4.         A reasonably detailed declaration setting forth all effort expended on behalf of the minor, insane, or incompetent person in obtaining the settlement and how it was expended. The declaration should address any or all of the following factors: a. Was the case an obvious liability and policy limits case that just needed processing? b. What was the degree of difficulty involved? c. How much skill was needed and employed? d. How much risk was there of a poor result for the amount of work done? e. How much money did the attorney advance? f. How many hours of work did the attorney do? g. What result was achieved? h. What time elapsed between the work and getting paid the attorney fees? i. The fact that the attorney's fee is contingent on recovery. 5.         If the injuries (damages) clearly exceed the amount of the insurance policy being offered, the statement should also include a recitation of all steps taken to determine if any additional coverage or assets are available from which the minor could seek compensation. 6.         Any additional information that may be of assistance to the court in determining if the petition should be granted or would assist the court in determining reasonable compensation for the attorney in the case. B.         Structured Settlement. If the petition for approval of a claim under Section 3500(b) of the Probate Code relates to a structured settlement calling for future periodic payments, the petition shall state the cost of the annuity. (a) [Fees and Expenses; “Normal or Typical” Tort Action] Such fees shall be subject to the court's discretion in the 'normal' or typical" tort action compromised under C.C.P. Section 372 or Probate Code Section 1431, including: reimbursement for expenses advanced in investigation, discovery, and prosecution of the case, and attorney's fees based on the stage at which the case is concluded and on the net amount recovered, as follows: Prior to commencement of trial: 25% of net recovery; After commencement of trial, but before motion for new trial granted: 33 1/3% of net recovery; After new trial granted, or before filing of opening brief on appeal: 40% of net recovery. Net amount recovered is defined as the amount remaining of the present value of the total settlement after deduction of costs and expenses of the lawsuit, including but not limited to, expert witness fees. An ex parte petition for Court approval of an agreement for fees and expenses may be filed on behalf of the minor, insane, or incompetent person at any time in the proceedings. (b) [Standards for Determination] In determining whether the case is "normal” or “typical”, and if determined to be other than "normal” or "typical", the extent to which the fee allowed should be more or less than that allowed for the "normal” or “typical” case, (whether at the time of the hearing on the compromise, or prior thereto), the court shall consider such matters as may be presented as bearing upon the nature of the case, including, but not limited to: The type of case; The nature of the injuries, so far as known; The complexity or potential complexity of the case, in terms of the number of parties and issues involved; Any unusual special defenses that were, may be or, if tried, might have been dealt with; The amount of insurance coverage that is or appears to be available and; The existence of any realistically possible dispute over insurance coverage. (c) [Confidential Written Presentation] The court may require that counsel make a written presentation in support of his or her position that the case is not "normal" or "typical”. The contents of such presentation shall remain confidential, and shall not be disclosed to anyone by the judge to whom the same made, except upon noticed motion, after final appeals). If such presentation is in writing, the judge shall sign the same, indicating that he or she read it, and the same shall be retained by counsel presenting it until the earliest of the following occurs: Termination of the case with no recovery; Distribution of the recovery to the minor, insane, or incompetent person, pursuant to court order; Other order of court, after final termination of the case (including any appeals), upon noticed motion. (Adopted 07-01-98. As amended, eff. 01-01-01; 01-01-08)	This page last modified on: 11/16/2007
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