Don Franchi

New: Due to limited Court resources, there can be a delay between eFiling documents, and the documents being uploaded into the Court’s electronic file making them available to the Court. In order to ensure your reply brief is received by the Court in a timely manner, you must email a copy of any reply brief, or any Unlawful Detainer Opposition or Motion for Summary Judgment to lawandmotionreplybriefs@sanmateocourt.org. If you fail to do so and your reply brief is not available to the Court in a timely manner, please be advised that this may result in your matter being continued. Also, please note that this requirement is in addition to any separate requirement individual Judges have regarding the delivery of courtesy copies to their chambers, as well as the obligation to email all briefs, including reply briefs, to the complexcivil@sanmateocourt.org email address for complex matters. Thank you.

Judge Franchi hears his regular Law & Motion on Mondays 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 15 directly to schedule a hearing date. Tentative rulings are issued pursuant to Local Rule 3.403.

Judge Franchi hears his Complex Law & Motion on Mondays at 3:00 p.m. To schedule a hearing, contact Department 15 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 15. Please be advised that Judge Franchi requires all briefing to be completed at least three (3) weeks before the hearing date. Judge Franchi generally issues tentative rulings in his complex cases.

Unless otherwise ordered, all IDCs for cases in Department 15, are conducted by the Case Management Judicial Officer. To schedule an IDC, please check the Court's web site. Please do not contact Department 15 to schedule an IDC. Only the Case Management Judicial Officer can schedule an IDC.

IDCs for complex cases are conducted by Judge Franchi. Contact Department 15 by phone or email to schedule an IDC in a complex case.

Under Local Rule 3.500(d), "[e]x parte applicants and opponents must appear IN PERSON, subject to the exceptions set forth in CRC Rule 3.1207."

Central and Northern Courthouse

Parties may pay their Central or Northern Ex-Parte Fees by phone with a Credit or Debit card. Payments in the form of a check can be submitted directly to the Courtroom Clerk.

To pay by phone please dial 650-261-5100, select Option "0" and enter extension 7243 to be connected to a clerk to process your payment.

The Applicant MUST inform Judge Franchi, preferably by email, if there will be an opposition and when that opposition will be filed.
The applicant MUST provide a proposed order or the application will be denied. (See Cal. Rules of Court, rule 3.1201.) The parties should email their application or opposition, and any supporting papers, and the proposed order AS SOON AS THEY ARE AVAILABLE to the Court at Dept15@sanmateocourt.org. The proposed order should be provided in Word format if possible.
Judge Franchi ex partes are on Wednesdays and Fridays at 1:30 p.m.

ALL PARTIES MUST APPEAR IN PERSON FOR EX PARTES.

If the matter is urgent and requires an immediate hearing, please contact Department 15 preferably by email at Dept15@sanmateocourt.org or by phone.

The Initial Case Management Conference is heard by the Case Management Judicial Officer. See Local Rule 3.801.

For non-complex cases, Judge Franchi holds his TSC/CMCs on Fridays at 2:00 p.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 Franchi requires that the parties file a Joint Case Management Conference Statement. The Statement shall address the relevant subjects set forth in Cal. Rules of Court Rule 3.727. Alternatively, the Case Management Conference Statement shall address relevant subjects set forth in Case Management Order No. 1.

Following each Complex Case Management Conference, Judge Franchi will order one of the parties to prepare a written order consistent with the Court's rulings at the Conference.

Judge Franchi intends to issue the following Order for Civil Trials in all of his unlimited non-complex civil cases and complex cases at the first Trial Setting/Case Management Conference (TSC/CMC): Pretrial Order for NON-COMPLEX and Complex Cases.

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 Franchi will be more inclined to make change(s) if the parties agree.

Court Reporter

Parties must abide to Local Rule 2.12 which provides that parties must make a formal request for a court reporter at least ten days prior to the trial. If the Court is unable to provide a court reporter, then parties must obtain their own reporter for the trial. For more detailed information, please visit the court's website at Privately Retained Court Reporting.

The Mandatory Settlement Conference will be conducted by the Case Management Judicial Officer. The department assigned to conduct the Mandatory Settlement Conference will contact the parties directly with instructions on how to appear.

All parties and their counsel of record must comply with Local Rule 3.1100.

If a case has resolved, the parties must notify Department 15 as soon as possible.

Judge Franchi typically schedules a pretrial conference at least two (2) weeks before the trial date in his unlimited civil cases. The conference is held Mondays at 9:00 a.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.

Judge Franchi is assigned three (3) trial days per week, Tuesday, Wednesday, and Thursday. All jury trials will be held in person. Non-jury trials may be conducted through Zoom upon request.

Parties must contact Department 15 to schedule post-trial motions.

When Judge Franchi orders a party to prepare an order to be e-filed. The party should also email the order in Word format to Department 15 at Dept15@sanmateocourt.org. That email must include the other parties.

The party preparing the order must comply with Rule 3.1312 of the California Rules of Court. Judge Franchi will reject proposed orders that do not inform him of the opposing party's response, if any, 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.