June 24, 2021
Nancy L. Fineman, Civil Judge
 

Department Information

Nancy L. Fineman, Civil Judge
Department 4
Courtroom N
Northern Court, 1050 Mission Road, South San Francisco, CA 94080
(650) 261-5104
Dept4@sanmateocourt.org

DEPARTMENT 4 TENTATIVE RULINGS FOR NON-COMPLEX CASES

DEPARTMENT 4 TENTATIVE RULINGS FOR COMPLEX CASES


INFORMATION ABOUT JUDGE FINEMAN


Judicial Profile
Judge Fineman's Resume
Judge Fineman's Suggestions for Litigating Cases before Her

ACCESSING YOUR CASE INFORMATION


To access all data, documents, and hearing date(s) for your case, please use the following Odyssey Portal: https://odyportal-ext.sanmateocourt.org/portal-external.

COMMUNICATIONS TO DEPARTMENT 4


Department 4 strongly prefers to be contacted by email at Dept4@sanmateocourt.org. If your email requires a response and your inquiry is not answered by Department 4's automatic reply to your email, Department 4 will do its best to respond as quickly as possible. All emails to Department 4 should include the other parties.

If you send an email to Department 4, please include the following information in the "subject line" header: (1) case name; (2) case number; and (3) a brief description of the purpose of the email. For example: Smith v. Jones, CIV1234, Proposed Order. Otherwise, a response to your email will likely be delayed.

All filings, including orders, are to be done through the Civil Clerk's office in Redwood City. Courtesy copies, all motions, pretrial, and trial documents shall be delivered directly to Courtroom N in South San Francisco. Unless Judge Fineman gives permission to send courtesy copies by email, all courtesy copies for all documents are to be sent via messenger, mail or overnight delivery to Department 4.


LAW & MOTION

Judge Fineman hears her regular Law & Motion on Tuesdays at 2:00 p.m. To schedule a hearing date for motions in non-complex cases, please check the Court's web site. Please do not contact Department 4 directly to schedule a hearing date. Tentative rulings are issued pursuant to Local Rule 3.403.

Judge Fineman hears her Complex Law & Motion on Tuesdays at 8:30 a.m. and, sometimes, at 2:00 p.m. To schedule a hearing, contact Department 4 rather than the Civil Clerk's office. The clerk's office will reject the motion in complex cases if a hearing date has not been obtained first from Department 4. Please be advised that Judge Fineman requires all briefing to be completed at least three (3) weeks before the hearing date. Judge Fineman generally issues tentative rulings in her complex cases.

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INFORMAL DISCOVERY CONFERENCES

Unless otherwise ordered, all IDCs for cases in Department 4, are conducted by the Civil Commissioner. To schedule an IDC, please check the Court's web site. Please do not contact Department 4 to schedule an IDC. Only the Civil Commissioner can schedule an IDC.

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EX PARTE APPLICATIONS

At the current time, Judge Fineman is not hearing ex parte applications. To obtain relief, the party should file a written application through the Civil Clerk's office, with notice to all parties, and inform Judge Fineman if there will be opposition and when the opposition will be filed. The moving party should also include a proposed order.

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INITIAL CASE MANAGEMENT CONFERENCES

The Initial Case Management Conference is heard by the Civil Commissioner. See Local Rule 3.801.

TRIAL SETTING/CASE MANAGEMENT CONFERENCE (TSC/CMC)

For non-complex cases, Judge Fineman holds her TSC/CMCs on Tuesdays at 9:30 a.m. Lead trial counsel must attend the Conference. This conference is not scheduled until the case has had an Initial Case Management Conference before the Commissioner and the parties have engaged in an ADR process.

Judge Fineman strongly prefers that the parties file a Joint Trial Setting/Case Management Conference Statement. The Statement should comply with Local Rule 3.1000 and also address as many of the issues in her Pretrial Conference Order (see link under Pretrial Order) as possible.

Following each TSC/CMC, Judge Fineman will order one of the parties to prepare a written order consistent with the Court's rulings at the Conference.

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PRETRIAL ORDER

Judge Fineman intends to issue the following Order for Civil Trials in all of her unlimited civil cases when she setshe trial date: Pretrial Order

Any order prepared by a party after the first TSC/CMC must include the following provision:

"All parties are ordered to comply with the Order for Civil Trials attached hereto."

If any party believes that the Order for Civil Trials should not be implemented or that the Order should be modified, the party should include a description of any changes to the Order being requested and a brief explanation for the change in the parties' Joint Trial Setting/Case Management Conference Statement. Please note that Judge Fineman will be more inclined to make change(s) if the parties agree.

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MANDATORY SETTLEMENT CONFERENCES (MSCs)

San Mateo County Superior Court no longer holds day of trial settlement conferences for civil cases. All MSCs for civil cases in Department 4 will be conducted by a civil direct calendar judge in Redwood City. Please see the 2021 schedule for the dates that are available for Redwood City MSCs.

For civil cases in which Judge Fineman is conducting the MSC, the MSC will be scheduled on a South San Francisco date. The conference will be conducted via Zoom video unless otherwise ordered the Court.

If a case has resolved, the parties must notify Department 4 as soon as possible.

Mandatory Settlement Conferences - Schedule for 2021 (The Mandatory Settlement Conference (MSC) will be conducted by a Civil Judge who is not assigned as the single-assigned judge for this civil action. You must appear remotely on Zoom for the MSC. On the day of your MSC hearing, you will log into the Zoom calendar, and at that time, a Judge will be assigned to conduct your MSC)

Mandatory Settlement Conferences (MSCs) Zoom Credentials
Zoom Video/Computer Audio Information Zoom Phone-Only Information
Please Note: If the CALENDAR is noted as Zoom Audio Only, you must dial in from a telephone; credentials will not work from a tablet or PC
https://zoom.us/join
Meeting ID: 825 5287 6728
Password: AisW6YxBU3
Phone number: 1-669-900-6833
Meeting ID: 825 5287 6728
Password: 1486138948

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PRETRIAL CONFERENCE

Judge Fineman typically schedules a pretrial conference at least two (2) weeks before the trial date in her unlimited civil cases. The conference is held Mondays at 2:00 p.m. If the parties do not believe that a pretrial conference is necessary, they must explain why in their Joint Trial Setting/Case Management Conference Statement.

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TRIAL

Judge Fineman is assigned three (3) trial days per week, Wednesday, Thursday, and Friday. In 2021, voir dire will take place at the San Mateo Convention Center. Due to a number of factors, scheduled trials may not start on the assigned date. Judge Fineman will notify the parties as early as possible if it appears that the trial will be unable to begin on the scheduled day. All jury trials will be held in person. Non-jury trials may be conducted through Zoom. Due to social distancing requirements in Judge Fineman's courtroom, the number in the trial team may need to be reduced.

At the San Mateo Convention Center, there are three courtrooms for voir dire. Voir dire is not conducted on Fridays. Civil trials conduct voir dire in the courtroom with room for 42 jurors. With the parties' consent, the Jury Commissioner screens for hardship before jurors enter the courtroom. There are no food services at the Convention Center, but only a vending machine. Due to social distancing requirements, Judge Fineman's courtroom can hold a maximum of 12 jurors and two alternates.

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POST-TRIAL MOTIONS

The parties should obtain a hearing date for any post-trial motions by emailing Department 4 at Dept4@sanmateocourt.org.

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PROPOSED ORDERS

When Judge Fineman orders a party to prepare a written order, that party should deliver or mail a hard copy of that order to the Civil Clerk's Office in Redwood City. Sometimes, Judge Fineman will request a Word version in addition to the filing with the Civil Clerk's office. That Word version should be emailed to dept4@sanmateocourt.org and must include the other parties.

The party preparing the order must comply with California Rule of Court 3.1312. Judge Fineman will reject proposed orders that do not inform her of the opposing party's response to the proposed order. The party preparing the written order must make a good faith effort to meet and confer with the other parties about the order before submitting it to the Court.

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Remote Appearance Information and Procedures


Judge Fineman now conducts all remote hearings and conferences through Zoom. She requests that, if possible, the parties appear by video rather than by phone. All participants must use their full first and last name when signing on to Zoom. Participants should also mute themselves until their matter is called. Department 4 requests that counsel and parties sign on to Zoom ten (10) minutes before the hearing.

Any recording of a court proceeding held by video or audio conference, including "screen-shots" or other visual or audio copying of a hearing or conference IS PROHIBITED. Violation of these prohibitions may result in sanctions, including restricted entry to future hearings and conferences, denial of entry to future hearings and conferences, removal of Court-issued media credentials, or any other sanctions deemed appropriate by the Court

TO ASSIST THE COURT REPORTER, the parties are ORDERED to: (1) state their name each time they speak and only speak when directed by the Court; (2) not to interrupt the Court or anyone else; (3) speak slowly and clearly; (4) if appearing by telephone, use a dedicated land line if at all possible, rather than a cell phone; (5) if a cell phone is absolutely necessary, the parties must be stationary and not driving or moving; (6) no speaker phones under any circumstances; (7) provide the name and citation of any case cites; and (8) spell all names, even common names.

Zoom Credentials (REMOTE HEARINGS, EXCEPT JURY TRIALS)
Zoom Video/Computer Audio Information Zoom Phone-Only Information
Please Note: If the CALENDAR is noted as Zoom Audio Only, you must dial in from a telephone; credentials will not work from a tablet or PC
https://zoom.us/join
Meeting ID: 826 3326 7295
Password: AisW6YxBU3
Phone number: 1-669-900-6833
Meeting ID: 826 3326 7295
Password: 8720247520

  Monday Tuesday Wednesday Thursday Friday
8:30 a.m.   Complex Law & Motion/CMC's
(Zoom Audio & Video)
     
9:00 a.m.     Trial
(Contact Dept)
Trial
(Contact Dept)
Trial
(Contact Dept)
9:30 a.m.   Case Management and Trial Setting Conferences
(Zoom Audio & Video)
     
1:30 p.m.   Ex-parte's
(Suspended)
    Ex-parte's
(Suspended)
2:00 p.m. Pre-trial Conferences
(Contact Dept)
General & Complex Law & Motion
(Zoom Audio & Video)
Trial
(Contact Dept)
Trial
(Contact Dept)
Trial
(Contact Dept)
2:30 p.m.   UD Financial Distress Hearing
(Zoom Audio & Video)
     

 
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