(b) A temporary restraining order or a preliminary injunction, or both, may be granted including Unlawful Detainers, Family Law, Guardianship, and Conservatorships, 10:00 a.m., 11:00 a.m.and 1:30 p.m. A preliminary hearing, or prelim, is one of the critical stages in a felony prosecution under California State law. If the proposed order and the undertaking required are not presented within the time allowed, the TRO may be vacated without notice. As defense attorneys for Ivory Bivins, Johnny Jackson and Trevor Green made their way into the Alameda County courthouse on Monday their goal was clear. 8:30am Pretrial Conferences, Trial Settings, Sentencings and miscellaneous matters, 8:30am Pretrial Conferences, Trial Settings, Motions and Sentencings. 8:30am Pretrial Conferences, and Violation of Probation Hearings, 1:30pm Misdemeanor Porterville Developmental Center cases, 1:30pm Southern Jurisdiction Drug and Recovery Court cases, 8:30am Delinquency (Out of Custody South County matters), 8:30am Dependency (North and South County matters), 10:00am Military Diversion (last Friday monthly). I-Team obtains Alameda Co. DA's email; lesser sentence for Jasper Wu's alleged killers. A preliminary hearing takes place during the criminal court process soon after the defendant has been criminally arraigned. Friday. ), You were convicted of a felony and sentenced to state prison. 1st Tuesday Public Defender Pre-Trials (Max TOTAL CASES 40, ofthose 15 mods max), 8:30AM 7 NOM MAX and 5 Other MAX (OSCs/Public RFO). For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (4) The opposing party is entitled to one continuance for a reasonable period of not Civil- North County Jurisdiction assigned for all purposes upon filing the initial pleading according to first plaintiffs last name that begins with the letter A, B, C, S. 8:30am Case Management Conferences, Order to Show Cause Hearings, Fee Waiver Hearings, Minors Compromise, Bench Warrant Hearings, Guardianships Hearings (including Ex-Parte), Civil Ex-Parte Hearings, Civil Harassment Hearings, Unlawful Detainer Trials, and miscellaneous matters, 8:30am Case Management Conferences, Order to Show Cause Hearings, Fee Waiver Hearings, Minors Compromise, Bench Warrant Hearings, Guardianship Hearings (including Ex-Parte), Civil Ex-Parte Hearings, and miscellaneous matters, 8:30am Case Management Conferences, Order to Show Cause Hearings, Fee Waiver Hearings, Minors Compromise, Bench Warrant Hearings, Guardianship Hearings (including Ex-Parte),Civil Ex-Parte Hearings, Civil Harassment Hearings,Unlawful Detainer Trials and miscellaneous matters, 8:30am Civil Law &Motion, Case Management Conference Hearings, Order to Show Cause Hearings, Bench Warrant Hearings, Guardianship Hearings (including Ex-Parte), Civil Ex-Parte Hearings, Demurrers, Summary Judgments, Civil Harassment Hearings, and Unlawful Detainer Trials, 10:00am Jury Trials and Family Law Contested Hearings, 8:30am Readiness Conferences, Short Cause Trials, Petitions to Declare Minor Free from Custody, Fee Waiver Hearings, Bench Warrant Hearings, Guardianship Hearings (including Ex-Parte), Civil Ex-Parte Hearings, Civil Harassment Hearings, and Unlawful Detainer Trials. Criminal- South County Jurisdiction (Porterville/Lindsay/Tulare) Felony Criminal Information according to first defendants last name beginning with letters A-C, E-J, L, Q, X, Y and Z. Penal Code 1203.42 (2019).). TIMELINE: A 13-month investigation into Oakland freeway shooting death of toddler. See terms of use for more details. MORE: 15-month-old shot while riding in car near Oakland's Little Saigon, fire officials say. The mediator uses a variety of techniques to help them come to agreement, but he or she is not empowered to decide the case. CRC 2.306 (e)(amended eff 1/1/17). The court must rule on the motion as if the party had appeared. (1) Within 15 days after the last request is filed, the designated judge must hold a hearing and order any necessary corrections or additions. Contact us. >>Rebuttal If the request is granted, the court will withdraw their guilty or "no contest" pleas and the case will start over. specified in subdivision (c): (1) The matter shall be made returnable on an order requiring cause to be shown why ABC7 Bay Area 24/7 live stream Watch Now UPDATE: Dunn's preliminary hearing has been scheduled for May 2 at 1:30 p.m. Request for Order: Non-Custody/Child Custody/Visitation/ Support,Domestic Violence Requests for Restraining Orders,OSC Hearings: Contempt, Family Law Early Case Dispositions, Fee Waivers, 8:30 a.m. If a party fails to appear at a law and motion hearing without having given notice, the court may take the matter off calendar, to be reset only upon motion, or may rule on the matter. Vacated means the court took the case off Traffic, Criminal Infractions and Small Claims- All North County (Visalia/Exeter/Dinuba) filings. No fee shall be charged for reissuing the order. >>Pleadings Your conviction will not be dismissed if you are currently charged with, on probation for, or serving a sentence for another offense. Declare Free from Custody Petitions, 10:00 a.m. All Rights Reserved. On the day the order is made returnable, the hearing shall take precedence over all other matters on the calendar of the day, except older matters of the same character, See Contra Costa County SmartRules procedural guide: FILING DOCUMENTS. time for hearing measured from the date of reissuance. There are two authorities with differing requirements regarding service by facsimile (but there is only one source of timing requirements for service by express mail). If your arrest did not result in a conviction or your conviction was vacated and reversed on appeal. >>The Jury Pool All Misdemeanor Court Trials and Misdemeanor Jury Trials (all alpha). In some jurisdictions, certain kinds of disputes such as disagreements over child custody must be referred to a third party that will try to facilitate a settlement. You are also not eligible for a dismissal if you have committed a sex crime against a minor or committed certain offenses under the California Vehicle Code. (e) The opposing party may, in response to an order to show cause, present affidavits 8:30am Civil Law and Motion, Case Management Conferences, Civil Ex-Parte Hearings, Petitions Transfer Structured Settlement, Demurrers, Summary Judgments, Guardianship Hearings (including Ex-Parte) Hearings, and Unlawful Detainer Trials, 8:30am LPS Conservatorships, Public Guardian Petitions, Guardianship Hearings, Petitions to Declare Minor Free from Custody, and Relief from Firearm Prohibition Hearings, 10:00am Family Law Contested Hearings and Jury Trials, 8:30am Case Management Conferences, Settlement Conferences, Civil Ex-Parte Hearings, Claim of Exemption Hearings, Order of Examination Hearings, and Unlawful Detainer Trials, 8:30am Order to Show Cause Hearings, Case Management Conferences, Minors Compromise, Petitions for Name Change, Fee Waiver Hearings, Small Claims Trial De Novo, Bench Warrant Hearings, Guardianship Hearings (including Ex-Parte),Civil Ex-Parte Hearings, Unlawful Detainer Trials, and Petitions to Declare Minor Free from Custody, 8:30am Order to Show Cause Hearings, Case Management Conferences, Minors Compromise, Petitions for Name Change, Fee Waiver Hearings, Small Claims Trial De Novo, Bench Warrant Hearings, Guardianship Hearings (including Ex-Parte), Civil Ex-Parte, and Unlawful Detainer Trials. Electronic Filing Service Provider Information, Local Forms Information & Filing Instructions. Contra Costa LR 3.54(c) (amended eff 1/1/16), On any pleading or paper subsequent to the initial complaint or cross-complaint, it is sufficient in the title of the case to state the name of the first party on each side, with appropriate indication of other parties, and state that a cross-action or cross-actions are involved, if applicable. Contested Hearings and Settlement Conferences, 1:30 p.m. Labor Code 432.7 (2019).). You might not need to petition for dismissal if you were arrested for or convicted of marijuana possession or transporting or giving away 28.5 grams or less of marijuana. Padilla v. U.S. Immigr. You may petition for a dismissal if you were convicted of a felony before October 1, 2011, were sentenced to state prison, and now, under California's current laws, your conviction would be eligible for sentencing to a county jail. An OSC must be used when a temporary restraining order (TRO) is sought, or if the party against whom the preliminary injunction is sought has not appeared in the action. (1) Complaint means a complaint or a cross-complaint. (d) In case a temporary restraining order is granted without notice in the contingency (f) Notwithstanding failure to satisfy the time requirements of this section, the >>Arrest Procedures you may still be charged with any offense that was the cause of your arrest, you were charged with murder or any other offense that has no statute of limitations and you have not been acquitted or found factually innocent of the charge, or. You completed a diversion program. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Civil Case Management Conference, Order to Show Cause-Dismissals, Name Changes, Court Trials-Unlawful Detainer, CRC 3.1112(b) (amended eff 7/1/08). >>Civil and Criminal Trials or irreparable injury will result to the applicant before the matter can be heard >>Opening Statements Family Law- North County Jurisdiction assigned for all Purposes upon filing the initial pleading according to first petitioners last name that begins with the letter A, B, C, D, E, F, I, J, K, U. of numerous parties upon the same grounds as in other actions, whether or not the Criminal South County Jurisdiction (Porterville/Lindsay/Tulare) Misdemeanor Pretrial Conferences according to first defendants last name beginning with letters O through Z. >>Diagram of How a Case Moves Through the Courts not be entitled to any continuance on account thereof. Check out Bay Area safety tracker, Bay Area Life; Sundays at 6:30 p.m. on ABC7, 15-month-old shot while riding in car near Oakland's Little Saigon, fire officials say, A 13-month investigation into Oakland freeway shooting death of toddler, Rival gang shootout led to child's death on Oakland highway; 3 arrested, officials say. Civil and Family Law- South County Jurisdiction (Porterville/Lindsay/Tulare) Assigned for All Purposes upon filing the initial pleading. the opposing party or the opposing party's attorney at what time and where the application Ivory Bivins, Johnny Jackson and Trevor Green appeared in court Monday for the fatal Oakland freeway shooting of Jasper Wu in 2021. Manner of Application and Service. The issue conference can shorten the actual trial time by determining points that don t need to be proved during the trial. Penal Code 1203.4a (2019). If the opposing party obtains a continuance under this paragraph, the temporary So preliminary examination should happen in between. The lawyers usually appear at this hearing before a judge without their clients and try to agree on undisputed facts or points of law. or the party who obtained the temporary restraining order fails to effect service Criminal- North County Jurisdiction (Visalia/Exeter/Dinuba) Felony Complaints according to first defendant's last name beginning with letter A, E, F, H, K, L, M, N, S, T. 8:30am Arraignment on Felony Complaint, Preliminary Hearing Confirmations, Preliminary Hearing Settings, Sentencings, and Motions, 8:30am Arraignment on Felony Complaint, Sentencings, Preliminary Hearing Settings, and Motions, 8:30am Arraignment on Felony Complaint, Preliminary Hearing Setting, Sentencings, and Motions. A preliminary hearing is also referred to as a prelim or a probable cause hearing. (g) This section does not apply to an order issued under the Family Code. 8:00am Request for Orders and Domestic Violence Restraining Orders with Children, 9:00am Notice of Motions, Contempt Hearings, and Request for Order Hearings w/DCSS Child Support issues, 10:00am Review Hearings w/DCSS Child Support issues, and Fee Waiver Hearings, 8:00am Request for Orders and Domestic Violence Restraining Orders with children, 9:00am Request for Orders without Children, Contempt Hearings, Domestic Violence Restraining Orders without Children, 10:00am Review Hearings and Fee Waiver Hearings, 1:30pm and 2:30pm Case Management Conferences, 9:00am Request for Orders and Domestic Violence Restraining Orders without Children, and Contempt Hearings, 9:00am Request for Orders and Domestic Violence Restraining Orders without children, Contempt Hearings, and Fee Waiver Hearings, 10:00am Review Hearings with child support issues and open DCSS case, 1:30pm Notice of Motions, Contempt Hearings, Request for Order Hearings w/DCSS Child Support issues, 8:00am Request for Orders and Domestic Violence Restraining Orders with children (no child support issues). in the other, show satisfactorily that sufficient grounds exist therefor. If a case hasn t been settled, many courts set a time for an issue conference. Request for Restraining Orders: Civil Harassment, Elder Abuseand Workplace Violence,Civil Law & Motions, Claim of Exemptions/Order of Examinations,Minor Compromises & Request for Orders with DCSS Only, 10:00 a.m. CRC 3.1300 (b)(amended eff 1/1/16). not be served within the time required by paragraph (2), the court may reissue any CRC 3.1130(f). >>Officers of the Court No preliminary injunction shall be granted without notice to the opposing party. CCP 1005 (b) (amended eff 1/1/23). Criminal- North County Jurisdiction Misdemeanor Complaints assigned for all purposes upon filing the initial pleading according to defendants last name beginning with the letters, A-D, H, J, K, N-Q, S, T, and V-Z. CCP 12b. the court, 22 days from the date the temporary restraining order is issued. It s generally quicker and less expensive than a full-fledged trial. This law fills that gap. You may petition to have your record sealed at any time if: However, your arrest record is ineligible for sealing if: You were convicted of a misdemeanor or felony and sentenced to probation. (C) That for reasons specified the applicant should not be required to so inform the The deal vacated a subpoena served to her at the request of Kohbergers attorneys earlier this month. If you were convicted of a felony and sentenced to state prison under any other circumstances, your conviction is not eligible for a dismissal. WebThis preliminary hearing burden of proof is a far cry from a trial where the prosecution must prove the guilt of a person accused of a crime beyond a reasonable doubt. The fee schedule, and other filing fee information, for Contra Costa County Superior Court isavailable on the court's Fees page. >>Verdict >>Plea Bargaining The judge must notify the presiding judge, and the clerk must promptly enter the information in the court file. (1) Within five days after receiving notice under (b), the presiding judge must designate a judge to supervise preparation of the record of the preliminary proceedings. 1st, 2nd and 3rd Thursdays When an application for an order has been made to the Court or a Judge thereof and has been refused in whole or in part, any subsequent application for the same character of relief, although made upon an alleged different state of facts, shall be made before the Judge making the original order in the case unless the Judge is absent or unable to act, or shall request the Judge of another department to entertain such application; in all such instances, a full disclosure shall be made to such Judge of any and all such prior applications. The best thing to do is to speak to your finance's attorney. >>Pre-Trial Court Appearances in Criminal Cases Civil- North County Jurisdiction assigned for all purposes upon filing the initial pleading for cases where the Plaintiff/Petitioners name begins with the letters D, E, F, G, H, I, J, K, L, R. 8:30am Case Management Conferences, Short Cause Matters, Bench Warrant Hearings, Guardianship Hearings (including Ex-Parte),Unlawful Detainer Trials, and Probate and Conservatorship Hearings, 8:30am Civil Law &Motion, Case Management Conferences, Bench Warrant Hearings, Guardianship Hearings (including Ex-Parte), Demurrers, Summary Judgment Hearings, and Unlawful Detainer Trials, 8:30am Case Management Conferences, Short Cause Matters, Petition to Declare Minor Free from Custody, Bench Warrant Hearings, Fee Waiver Hearings, Guardianship Hearings (including Ex-Parte), Probate Hearings, Conservatorship Hearings, and Unlawful Detainer Trials, 8:30am Settlement Conferences, Case Management Conferences, Adoptions, Petitions for Name Change, Minors Compromise, Bench Warrant Hearings, Fee Waiver Hearings, Small Claims Trial de Novo Hearings, Guardianship Hearings (including Ex-Parte), and Unlawful Detainer Trials, 8:30am Readiness Conferences, Adoptions, Petitions for Name Change, Minors Compromise, Bench Warrant Hearings, Small Claims Trial de Novo, Guardianship Hearings (including Ex-Parte), and Unlawful Detainer Trials. the opposing party to meet the application for a preliminary injunction. 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