Thank you for visiting the Superior Court's Tentative Ruling web page for Department 5, Judge Carol Overton presiding. Department 5 is located in Downtown Superior Court (DTS), 191 North First Street in San Jose.
Law & Motion matters are heard every Tuesday and Thursday at 9:00 a.m. Tentative rulings will be accessible on this page after 2:00 p.m. on the court day preceding the scheduled hearing.
To access the online tentative rulings, click on the appropriate link, below. (Note: rulings will remain accessible until replaced by the next week's rulings)
If you do not have access to the Internet during the time period when the rulings are posted and you wish to obtain your tentative ruling, please call (408) 882-2515 for assistance.
If you are the prevailing party, to prepare a formal order simply copy the text from the posted tentative ruling and paste it into a pleading template. Pursuant to the Rules of Court, forward the proposed order to counsel for review before sending it to the Court for execution and filing.
Tentative rulings will become Orders of the Court unless contested. See Rules 3.1308(a)(1) and 3.1312, California Rules of Court .
Contesting a ruling
To arrange an appearance to contest a tentative ruling, notify the Court at (408) 808-6856 before 4:00 p.m. on the court day before the hearing. You may make your notification to the Court by leaving a message when prompted to do so at the end of the recorded greeting. Messages shall be brief, no longer than 30 seconds. When you leave your message, state only:
- the case number
- the case name
- and the name of the attorney, including phone number and area code
You must also notify opposing counsel. Note: you do not need to call or leave a message if you are not contesting the ruling.
Parties may arrange a telephonic appearance by calling Court Call Services, an independent vendor, at:
(310) 342-0888 or 1-888-88COURT
Click to view the Court Call Service rules on the Telephonic Appearance page. Parties must also notify the court and opposing counsel of the intended telephonic appearance.
Parties who do not call to contest the ruling before 4:00 pm on the court day before the hearing or appear without notice to the Court and opposing counsel will not be heard. If no party has requested oral argument, appearances are not required and the tentative ruling will be adopted as the ruling of the Court.