proposed revisions to local court rules · 1/15/2014 · sherri r. carter executive officer /...

SHERRI R. CARTER EXECUTIVE OFFICER / CLERK

111 NORTH HILL STREET LOS ANGELES, CA 90012-3014

January 15, 2014

PROPOSED REVISIONS TO LOCAL COURT RULES

Pursuant to California Rules of Court, Rule 10.613(g), the following proposed amendments to the Local Rules are hereby distributed for comment. The affected rules are:

RULE 2.3 FILING AND TRANSFER OF ACTIONS: Proposed revision to Rule 2.3(b)(2). Removal of extra parenthesis.

RULE 2.4 MASTER CALENDAR DEPARTMENTS: Proposed revision to Rule 2.4, 3. Correction of misspelled word.

RULE 2.7 ASSIGNMENT OF MATTERS TO CENTRAL DISTRICT DEPARTMENTS: Proposed revisions to Rule 2.7(b)(1) and (b)(2). Correction to reference of local rule.

RULE 2.24 TRIALS BEFORE TEMPORARY JUDGES AND REFERENCES: Proposed revision to Rule 2.24(d). Correction of underlined title.

RULE 3.5 TIME FOR HEARINGS: Proposed revision to Rule 3.5(a)(1). Corrections to reference of local rule.

RULE 3.23 EXEMPTION FROM CASE MANAGEMENT RULES: Proposed revision to Rule 3.23. Correction of misspelled word.

RULE 3.24 CASE MANAGEMENT: Proposed revision to Rule 3.24(a). Removal of extra space in text. Also, proposed revision to Rule 3.24(b). Correction to reference of local rule.

RULE 3.48 TRIAL CONFERENCE: Proposed revision to Rule 3.48(b). Correction to reference of local rule.

RULE 3.150 EXHIBITS TO HAVE BEEN SHOWN TO ADVERSARIES BEFORE FIRST REFERENCE: Proposed revision to Rule 3.150. Correction to reference of local rule.

RULE 3.240 INITIAL CASE MANAGEMENT CONFERENCE: Proposed revision to Rule 3.240(c). Removal of extra space in text.

RULE 4.3 PROBATE COURT INFORMATION: Proposed revision to Rule 4.3(a). Title added to section.

RULE 5.14 TRIAL READINESS, SETTLEMENT CONFERENCES AND PRE-TRIAL ORDERS: Proposed revision to Rule 5.14(a). Title added to section.

RULE 5.19 FAMILY COURT SERVICES: MEDIATION, CUSTODY EVALUATIONS AND PARENT EDUCATION: Proposed revision to Rule 5.19(c)(3). Title added to section.

RULE 9.1 GENERAL PROVISION: Proposed revision to Rule 9.1(b)(1). Title added to section. Also, proposed revision to Rule 9.1(c)(1). Title added to section.

Rule 9.4 APPOINTED COUNSEL IN MISDEMEANOR APPEALS: Proposed revision to Rule 9.4(b)(1) and (b)(2). Titles added to sections.

Rule Appendix 4.A: Proposed revision to Appendix 4.A. Corrections to list of commonly used abbreviations.

The proposed amendments were reviewed and approved by both the Los Angeles Superior Court’s Rules Committee and Executive Committee. Comments must be submitted via email at [email protected], or in writing, to: Janet Garcia, Room 620, Research and Planning, Los Angeles Superior Court, 111 North Hill Street, Los Angeles, CA 90012. Comments must be received no later than 5:00 p.m. on March 2, 2014. View LASC Local Rules at http://www.lasuperiorcourt.org

SUPERIOR COURT OF CALIFORNIACOUNTY OF LOS ANGELES

Chapter TWO - Staff Edit 1/6/2014Page 1 of 14

2.3 FILING AND TRANSFER OF ACTIONS1(a) Filing of Actions.2

(1) Mandatory and Optional Filing of Unlimited Civil Actions. 3(A) Mandatory Filing: Every unlimited civil tort action for bodily injury,4

wrongful death, or damage to personal property (hereinafter referred to as “Personal Injury5Action”) must be filed in the Central District at the filing window at the Stanley Mosk6Courthouse. A “Personal Injury Action” is an unlimited civil case described on the Civil Case7Cover Sheet Addendum and Statement of Location (LACIV 109) as Motor Vehicle-Personal8Injury/Property Damage/Wrongful Death; Personal Injury/Property Damage/Wrongful Death-9Uninsured Motorist; Product Liability (other than asbestos or toxic/environmental); Medical10Malpractice-Physicians & Surgeons; Other Professional Health Care Malpractice; Premises11Liability; Intentional Bodily Injury/Property Damage/Wrongful Death; or Other Personal12Injury/Property Damage/Wrongful Death. An action for intentional infliction of emotional13distress, defamation, civil rights/discrimination, or malpractice (other than medical malpractice),14is not included in this definition. An action for injury to real property is not included in this15definition. 16

Every asbestos-related case must be filed in the Central District.17Every class action must be filed in the Central District.18Every petition for freedom from parental custody and control must be filed in19

the Central District. 20All Proceedings under the Probate Code. All Conservatorship, Guardianship,21

Probate, and Trust proceedings must be filed in the Central District except in the following cases22which may be filed in the North District: Conservatorship and Guardianship when the petitioner23or proposed conservatee/ward reside in the North District, Decedent’s Estates when the decedent24resided or the Petitioner resides in the North District, or Trust where the trustee’s principal place25of administration is the North District.26

Every appeal under Labor Code section 98.2 must be filed in the district27where the office of the Labor Commissioner rendering the decision appealed from is located. 28

Every proceeding seeking a writ of prohibition or mandate (except as29provided in subsection (B) below) must be filed in the Central District.30

(B) Optional Filing: Except as set forth in subsection (A) above, (Mandatory31Filing), or in subsection (C) below (Northeast District), an unlimited civil action may be filed in32the Central District or may be filed in a district other than the Central District, as determined by33the description of the case below, in the following cases:34

Abandonment, where petitioner resides;35Adoption, where petitioner resides;36Civil harassment, where one or more of the parties litigant reside;37Consent to adoption outside California, where consentor resides;38Contract, where performance is required by an express provision39

or where defendant resides;40Dissolution of marriage, where petitioner or respondent resides;41Domestic violence restraining order, where one or more of the parties reside(s) or42

in any district necessary to ensure the safety of the requesting party;43



Elder or Dependent Adult Abuse restraining orders, when a general civil1complaint has not been filed, where one or more of the parties reside(s) or in2any district necessary to ensure the safety of the requesting party;3

Eminent domain or inverse condemnation, where the property is located;4Employment cases, where the contract of employment was performed or where5

the employer resides or does business;6Family law miscellaneous complaints or petitions, where one or more of the7

parties litigant reside;8Forcible entry, where the property is located;9Foreign custody (family law), where one or more of the parties litigant reside;10Foreign support (family law), where one or more of the parties litigant reside;11Habeas corpus, no prior or pending action, where the person is held;12Legal separation (family law), where one or more of the parties litigant reside;13Mandate, where the defendant functions wholly therein;14Name change, where the petitioner resides;15Prohibition, where the defendant functions wholly therein;16Real property, where the property is located;17Receivership, where the defendant functions wholly therein;18Review, where the defendant functions wholly therein;19Small claims appeal, where the original small claims court is located;20Title to real property, where the property is located;21Tort, where the cause of action arose;22Transferred action, where the lower court is located;23Unlawful detainer, where the property is located;24Voiding of marriage, where petitioner or respondent resides.25

(C) Northeast District. An unlimited civil action may not be filed in the26Northeast District. An unlimited civil action which could otherwise be properly filed in the27Northeast District or Central District as an optional filing under Rule 2.3(a)(1)(B) above, must be28filed either in the North Central District or Central District.29

(D) Certificate Required For Civil Action Filings: Other than electronically30filed family law cases initiated by the district attorney, a civil action or proceeding presented for31filing in any district must be accompanied by a separate page bearing the title of the court and32cause, stating which of the grounds specified in this rule authorizes the filing in such district and33shall be signed by counsel, or the plaintiff if he or she is self-represented. If the ground is the34residence of a party, his or her name and residence must be stated. A copy of the certificate must35be served with the summons and complaint or petition. This certificate is in addition to the case36cover sheet required by the California Rules of Court.37

(2) Mandatory Filing of Small Claims, Limited Collections, Limited Unlawful38Detainer, and Other Limited Civil Actions. 39

(A) Small claims, collections, and unlawful detainer. Every small claims40action must be filed in one of the courthouses listed in Appendix 2.B. Every limited collections41case (as defined in California Rules of Court, rule 3.740) must be filed in one of the courthouses42listed in Appendix 2.C. Every limited unlawful detainer case must be filed in one of courthouses43listed in Appendix 2.D. The location in which to file is determined according to the following44



method.12

First:3 By determining what city or community contains the location thatdetermines the proper venue for the trial of the case as specifiedin Code of Civil Procedure sections 392 through 395, 760.050 or872.110, or in Civil Code sections 1812.10 or 2984.4.

Second:4 By then determining the proper postal zip code that the UnitedStates Postal Service has assigned to the location determiningvenue as described above.

Third:5 By then referring to the charts set forth in Appendices 2.B, 2.C,and 2.D to determine which courthouse serves the zip code andcommunity area that determines the proper venue for trial. A case must be filed in, and will be assigned to, the courthouseserving the zip code and community area that would be a properplace for trial determined according to the foregoing method.

(B) Other limited civil actions. All other limited civil actions must be filed in6the Central District, Stanley Mosk Courthouse.7

(3) Mandatory Filing of Criminal and Traffic Cases. Every indictment by the8Grand Jury must be filed in Department 100 in the Central District. Every criminal complaint 9must be filed within the judicial district, as delineated on the Maps of Superior Court Districts10(Appendix 2.A), where the offense is alleged to have occurred. Within a judicial district,11criminal complaints must be filed at the courthouse handling criminal matters which serves the12city or unincorporated area where the offense is alleged to have occurred. Where more than one13offense is alleged to have been committed, and the offenses were committed in different districts,14the complaint may be filed in any district where one of the offenses was allegedly committed. 15The Supervising Judge of the Criminal Division, by written order, may require, and, upon a16showing of good cause, permit, a case or a class of cases to be filed in a district or at a17courthouse other than in accordance with this rule.18

(b) Transfer of Actions to Another District. 19(1) Whenever, in the opinion of the Presiding Judge, the calendar in any district,20

including the Central District, has become so congested as to jeopardize the right of a party to a21speedy trial or to materially interfere with the proper handling of the judicial business in the22district, or for the convenience of witnesses or to otherwise promote the ends of justice, he or she23may order the transfer of one or more cases pending in that district to another district, or may24order that a case which by this Chapter is to be filed in that district must be filed in a different25district. 26

(2) The Supervising Judge of the Civil Division may, for the convenience of27witnesses or to promote the ends of justice, transfer a civil case from one district to another. 28Except for proceedings concerning transfer of a Personal Injury Action, as defined in subsection29(a)(1)(A)), motions to transfer a civil action from one district to another, including motions based30upon a failure to file the case in accordance with the requirements set forth in this Chapter must31



be made in Department 1 in the Central District. Proceedings concerning transfer of a Personal1Injury Action shall be determined in the Central District in one of the departments designated to2hear those matters (“Personal Injury Court”).3

(3) The Supervising Judge of the Criminal Division may, for the convenience of4witnesses or to promote the ends of justice, transfer a criminal case from one district to another. 5Motions to transfer a criminal action from one district to another, including motions based upon6a failure to file the case in accordance with the requirements set forth in this Chapter, must be7made in Department 100 in the Central District.8

(4) The Supervising Judge of the Family Law Division may, for the convenience9of witnesses or to promote the ends of justice, transfer a family law case from one district to10another. Motions to transfer a family law action from one district to another, including motions11based upon a failure to file the case in accordance with the requirements set forth in this Chapter, 12must be made in Department 2 in the Central District.13

(5) The Presiding Judge of the Juvenile Court may, for the convenience of14witnesses or to promote the ends of justice, transfer a juvenile case from one district to another. 15Motions to transfer a juvenile case from one district to another, including motions based upon a16failure to file the case in accordance with the requirements set forth in this Chapter, must be17made in Department 400 in the Central District.18

(6) The Supervising Judge of the Probate Division may, for the convenience of19witnesses or to promote the ends of justice, transfer a probate case between the Central and20North Districts, or provide that a probate or mental health proceeding be heard in a district other21than the Central District. Motions to transfer a probate case between the two districts, including22motions based upon a failure to file the case in accordance with the requirements set forth in this23Chapter must be made in Department 5 in the Central District.24

(Rule 2.3 [7/1/2011, 5/17/2013] amended and effective _________)2526272829303132333435363738394041424344



12.4 MASTER CALENDAR DEPARTMENTS 2

The following departments are designated as master calendar courts:31. Department 1 - Central Civil;42. Department 100 - Felony Master Calendar - Foltz;53. Department 56 - Misdemeanor Trial Master Calender Calendar - Foltz;64. Departments of the supervising judges of the Civil, Criminal, Probate, Family7

Law, and Juvenile Court Divisions;85. The department where the district supervising judge presides;96. The department where the courthouse site judge presides;107. A department that is acting as a master calendar court at the direction of a11

supervising or site judge; and128. Other departments that may be designated by order of the Presiding Judge, or13

his or her designee, including supervising judges.14(Rule 2.4 [7/1/2011, 5/17/2013] amended and effective ______________)15

1617181920212223242526272829303132333435363738394041424344



12.7 ASSIGNMENT OF MATTERS TO CENTRAL DISTRICT DEPARTMENTS 2

Subject to the authority of the Presiding Judge to apportion the work of the court, the3following actions, proceedings, and procedures are assigned in the Central District as follows:4

(a) APPELLATE DIVISION: 5Appeals from judgments and orders in misdemeanor, . . . . . . . . . . . . . Appellate Division6

infraction, and limited civil cases (except small claims cases), from7anywhere in the County. Petitions for writs of mandate, prohibition8and review, in misdemeanor, infraction and limited civil cases, from9anywhere in the County. 10

Habeas corpus petitions filed in conjunction with . . . . . . . . . . . . . . . . . . . Department 7011misdemeanor, infraction or limited civil appeals. Evidentiary12hearings may be assigned to the Criminal Division by the Criminal13Division Supervising Judge upon request of Department 70. 14

(b) CIVIL DIVISION:15(1) General Unlimited Civil Cases and Proceedings:16

(A) Attachment and Writ of Possession Matters: . . . . . . Department 82, 85, or 86 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . See Local Rule 2.7(b)(1)(G)18

- Writs of attachment, application for and other19proceedings in connection with, 20

- Writs of possession, application for and other21proceedings in connection with, 22

Hearing fees required by the court’s Schedule of23Fees must be paid in Room 102, Mosk Courthouse before filing24papers in the pertinent department.25

(B) Civil Harassment Petitions:26Civil Harassment Petitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 7527

(C) Eminent Domain:28All eminent domain or . . . . . . . . . . . . . . . . . . . . . . . . . . . . Direct Calendar Courts29

inverse condemnation cases will be assigned to a direct calendar30court for “all purposes,” including post-judgment motions to31enforce the judgment and applications to withdraw funds on deposit32after the case has been closed. 33

(D) Guardian ad Litem appointments: 34Guardian ad litem appointments for a particular case . . . . . . . . . . . . . . . . . check the court’s website35Petitions for general guardianships and not for a particular case . . . . . . . . . . . . . . . . Probate Division36

(E) Long Cause Cases: 37A “long cause case” is defined as a trial that will38

take at least twenty court days, excluding jury selection and jury39deliberation. Long cause cases are the primary responsibility of the40direct calendar judge or other judge initially assigned to try the41case. If that judge cannot try the case due to its length, it may be42transferred to the Supervising Judge of the Civil Division for43assignment to a long cause trial judge sitting in the Central District.44



(F) Supplemental and Miscellaneous Proceedings: 1Enforcement of Judgment Proceedings:2

All enforcement of judgment proceedings except . . . . . . check the court’s website3contempt proceedings and appointment of receiver after judgment. 4Examples of enforcement of judgment proceedings include:5

- Application for post-judgment examination hearings6 - Charging orders7 - Claim of exemption hearings8 - Court order of sale for real property dwelling pursuant to a9

writ of execution10 - Debtor examination hearings11- Hearing on third party claims pursuant to writ of execution12 - Motions for assignment orders13 - Third party examination hearings14- See also, Code of Civil Procedure sections 680.010 through15

720.80016Escheat, hearings on petitions for relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . check the court’s website17Ex parte orders shortening time in Department 1 . . . . . . . . . . . . . . . . . . . . check the court’s website18In forma pauperis applications for civil limited and . . . . . . . . . . . . . . . . . . check the court’s website19

unlimited actions (except family law and probate) 20and for appeals to the appellate court21

In forma pauperis applications for small claims . . . . . . . . . . . . . . . . . . . . . check the court’s website22Name change, petitions and hearings (See Local Rule 3.5(a)(5).) . . . . . . . . . check the court’s website23Newspaper, petition to establish standing . . . . . . . . . . . . . . . . . . . . . . . . . . check the court’s website24Publication of summons, application and orders for, . . . . . . . . . . . . . . . . . check the court’s website25

(See Local Rule 3.5(a)(5).)26Service on Secretary of State of summons on corporation, . . . . . . . . . . . . . check the court’s website27

application and orders for28Voter information, petition to declare confidential . . . . . . . . . . . . . . . . . . . check the court’s website29

(Elections Code, § 2166)30(G) Writs and Receivers Matters and Special Proceedings:31

Matters assigned to Department 82, 85 or 86 (the “writs and receivers32departments”) for all purposes pursuant to this rule will be assigned by the clerk at the time of filing,33using a random system to insure that no party or person can control or determine in advance to34which department a case is assigned.35

Matters assigned for all purposes to an unlimited civil trial department, in which36certain procedures are to be heard in a writs and receivers department pursuant to this rule will be37heard in Department 82 if the case number ends in 8, 9, or 0, in Department 85 if the case number38ends in 1, 2, 3, or 4, and in Department 86, if the case number ends in 5, 6, or 7.39

Ex parte matters are heard daily in all three departments at 8:30 a.m.40(i) Injunctive Relief, Unlimited Civil Cases:41

In all unlimited civil cases, except for Personal Injury Actions as defined in Rule422.3(a)(1)(A), the following matters are to be heard in the direct calendar court:43— A noticed motion for a preliminary injunction, no matter when made;44



— An ex parte application for an order shortening time for hearing on a motion for a preliminary1injunction, made after an initial status conference or case management conference has been held; 2

3— An ex parte application for a temporary restraining order, or an application for an order to show4

cause re preliminary injunction, made after an initial status conference or case management5conference has been held;6

— Any noticed motion or ex parte application to dissolve or modify a preliminary injunction made7after an initial status conference or case management conference has been held;8

In all unlimited civil cases, the following matters are heard in the writs and receivers9departments:10— An ex parte application for a temporary restraining order, or an application for an order to show11

cause re preliminary injunction, made before an initial status conference or case management12conference has been held in the direct calendar court;13

— An ex parte application for an order shortening time for hearing on a motion for a preliminary14injunction, made before an initial status conference or case management conference has been15held in the direct calendar court. If the application for shortened time is granted, the motion for16preliminary injunction shall also be heard in the pertinent writs and receivers department;17

— An ex parte application or noticed motion for injunctive relief or appointment of a receiver in a18Personal Injury Action whenever made;19

— A demurrer or motion heard while an application for a preliminary injunction or motion for the20appointment of a receiver is pending in a writs and receivers department.21

(ii) Receivers:22— A motion for the appointment of a receiver (and all matters pertaining to the receivership) is23

assigned to the writs and receivers departments;24(iii) Special Proceedings Heard in Writs and Receivers Departments25The following special proceedings, when filed in or transferred to the Central26

District, are assigned to the writs and receivers departments for all purposes:27- Cemetery, petition to replat or vacate (Health and Safety Code, §§ 8701-8715);28- Common interest development, petition to reduce votes required to amend declaration of covenants29

and restrictions (Civil Code, §1356);30- Contempt, order to show cause and trial (see Local Rule 3.11);31- Corporations, petition to take jurisdiction over voluntary winding up (Corp. Code, § 1904),32

involuntary winding up of corporation (Corp. Code, § 1806), after a decree or stipulation of33winding up, and petition to fix value of shares (Corp. Code, § 2000);34

- Declaratory relief, only when joined with a petition for a writ of review, mandate or prohibition;35- Director, petition to appoint provisional director (Corp. Code, § 308);36- Director, petition to determine election (Corp. Code, §§ 709, 5617, 7616 and 9418);37- Insurance company, insolvency proceedings;38- Late claim proceeding (Gov. Code, § 946.6), unless the underlying case has been filed and is39

pending, in which case the petition is to be heard in the direct calendar court to which the40underlying case is assigned;41

- Law practice, assumption of jurisdiction over (Bus. & Prof. Code, §§ 6126.3, 6180.2 and 6190)42- Limited liability company, petition ordering winding up (Corp. Code, §§ 17352(b), 17353(b));43- Limited partnership, petition ordering winding up (Corp. Code, § 15683);44



- Mandate, petition for writ of (except where assigned to the Appellate Division by these rules);1- Partnership, application for judicial supervision of winding up (Corp. Code, § 16803);2- Prohibition, petition for writ of (except where assigned to the Appellate Division by these rules);3- Review, petition for writ of (except where assigned to the Appellate Division by these rules);4

(2) Limited Civil and Small Claims Cases and Proceedings5 (Including Small Claims Appeals and Unlawful Detainer Cases):6

- Appeals of administrative hearings (including parking appeals). . . . . . . . check the court’s website7- Assignment orders, application for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . check the court’s website8- Claim of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . check the court’s website9- Non-unlawful detainer default prove-ups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 7710- Dissolve or modify preliminary injunction, motion to . . . . . . . . . . . . . . . . . . . . . Department where11

case is assigned12- Ex parte applications (limited civil) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 7713- Law and Motion (limited civil) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 7714- Minor’s compromise hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 7715- Post-judgment debtor and third party examinations . . . . . . . . . . . . . . . . . check the court’s website16- Publication of summons, application . . . . . . . . . . . . . . . . . . . . . . . . . . . . check the court’s website17

and orders for, (See Local Rule 3.5(a)(5).)18- Receiver, application for appointment of . . . . . . . . . . . . . . . . . . . . . . . . . . Department 82, 85 or 8619- Service on Secretary of State of summons on . . . . . . . . . . . . . . . . . . . . . . check the court’s website20

corporation, application and orders for21- Small claims trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9022- Third party examination hearings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . check the court’s website23- Unlawful detainer law and motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9424- Writs of attachment, application for and . . . . Department 82, 85 or 86. See Local Rule 2.7(b)(1)(G)25

other proceedings in connection with 26- Writs of possession, application for and . . . . Department 82, 85 or 86. See Local Rule 2.7(b)(1)(G)27

other proceedings in connection with28(c) CRIMINAL DIVISION and MENTAL HEALTH MATTERS:29

(1) Criminal matters:30– Arraignments, felony complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 30 CJC31

Division 69 Metro32Division 5 East LA33

– Arraignments, misdemeanor complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . All courts34Metropolitan Branch: 35

Dept’s 60 and 66 for City Attorney filings36Dept’s 62, 65 and 68 for District Attorney filings37

East LA: Inquire at courthouse38– Certificate of rehabilitation and pardon, petition for . . . . . . . . . . . . . . . . . . . . . . . Department 10039– Corum nobis, petition for writ of . . . . . . . . . . . . . . . . . . . . . . . . . Department where case is or was40

last pending41– Exhume a body for criminal investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 10042– Expungements - felony cases Clara Shortridge Foltz Courthouse 43

(CJC) only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 10044



– Expungements - misdemeanor cases CJC only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 561– Firearm return/restoration of right to own, etc.2

(Welf. & Inst. Code, §§ 8100, 8103) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 953– Firearm return, all other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department where case is or was4

last pending5– Habeas corpus, involuntary commitment6

(Welf. & Inst. Code, §§ 5254.1 and 5275) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 957– Habeas corpus, person held for extradition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 1008– Habeas corpus under the Hague Convention on9

International Child Abduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 2 Mosk10– Habeas corpus, all other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . See Local Rules 2.7(a) and 8.33.11– Insanity and mental competence trials and hearings, felony cases: 12

prior to holding order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9513after holding order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department where case assigned14

– Insanity and mental competence trials and hearings, 15misdemeanor and infraction cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9516

– Mandate or prohibition in felony cases,17– prior to holding order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 10018– after holding order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court of Appeal19– Mandate or prohibition20– in misdemeanor and infraction cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appellate Division21– Mentally disordered sex offender proceedings under former22

(Welf. & Inst. Code, § 6300) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 10023– Pro per privileges at variance with policy . . . . . . . . . . . . . . . . . . . Department where case pending24

(2) Mental health matters25(A) Civil commitment proceedings - not LPS26

– Developmentally disabled commitments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9527(In Re Hop)28

– Mental retardation commitments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9529(Welf. & Inst. Code, § 6500)30

– In Re Roger S. pre-commitment hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9531(B) Civil commitment proceedings - LPS32

– Accountings, conservatorship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9533– Appeal of medication capacity findings and order34

(de novo hearing) (Welf. & Inst. Code, § 5334(e)(1)) . . . . . . . . . . . . . . . . . . . Department 9535– Conservatorship 36

(Welf. & Inst. Code, § 5350) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9537– ECT capacity hearing38

(Welf. & Inst. Code, §§ 5326.7, 5326.75) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9539– Ex parte petition for temporary conservatorship40

by County Mental Health Director/Public Guardian . . . . . . . . . . . . . . . . . . . . Department 9541– Mentally disordered person dangerous to others 42

proceedings (Welf. & Inst. Code, § 5300) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9543– Site-based certification review hearings44



(Doe vs. Gallinot), (Welf. & Inst. Code, § 5256) . . . . . . . . . . . . . . . . . . . . . . Department 951– Site-based medication capacity hearings2

(Welf. & Inst. Code, § 5332) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 953(C) Criminally-related proceedings4

– Commitment, judicial review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 955– Continued involuntary treatment,6

mentally disordered offenders (Pen. Code, § 2972) . . . . . . . . . . . . . . . . . . . . . Department 957– Extensions of commitment and re-commitment to California Youth Authority 8

(Welf. & Inst. Code, § 1800) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 959– Firearm return/restoration of right to own, etc.10

(Welf. & Inst. Code, §§ 8100, 8103) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9511– Insanity and mental competence trials and hearings, 12

– felony cases: prior to holding order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9513– after holding order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court where case assigned14

– Insanity and mental competence trials and hearings, 15misdemeanor and infraction cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9516

– Mentally disordered sex offenders proceedings17(former Welf. & Inst. Code, § 6300) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9518

– Narcotic addiction (Welf. & Inst. Code, §§ 3050, 3051) . . . . . . . . . . . . . . . . . . . . . . Department 9519– Petition to extend commitment and 20

re-commitment of defendant found not guilty by reason of insanity 21(Pen. Code, § 1026.5(b)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9522

– Petition to release following restoration to sanity23(Pen. Code, § 1026.2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 9524

– Sexually violent predator, pre-trial and post-trial issues . . . . . . . . . . . . . . . . . . . . Department 95B25– Sexually violent predator trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 100,26

for assignment to a trial court27(d) FAMILY LAW DIVISION:28

Any matter arising under the Family Code, excluding emancipation of minors and29adoption, and other matters specifically assigned to other departments by these rules or order of30court, is assigned to the Family Law Division. Family Law Division courts in the Central District31are direct calendar courts, with the following exceptions:32- Child support cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . See also Local Rule 5.2533- Defaults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 234- Domestic violence restraining orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Department 835- Habeas corpus under the Hague Convention on International Child Abduction . . . . . Department 236- Guardianship of minors when related to a family law child custody proceeding 37

are also assigned to the Family Law Division . . . . . . . . . . . . . . . . . . . See also Local Rule 5.238(e) JUVENILE DIVISION:39

Any matter arising under the Juvenile Court Law is assigned to the Juvenile Division,40including:41- Emancipation of minors, petition for42- Habeas corpus, petition for writ of, minor under 18, under arrest43- Medical treatment for minor, petition to provide44



- Parental custody and control, petition to free a minor from, filed by Department of Adoptions,1and proceedings to determine the necessity of parental consent directly related thereto2

(f) PROBATE DIVISION:3Any matter arising under the Probate Code, and any other action, proceeding or4

procedure which by statute is to be heard by a judge hearing probate matters is assigned to the5Probate Division. (See, e.g., proceedings to establish record of birth, death or marriage under6Health & Safety Code, § 10550 et seq.)7

Compromise of a minor's claim prior to trial in a civil case is assigned to the Probate8Division, if the direct calendar judge who participated in a conference at which the compromise9was accomplished is unavailable. If an application is made to the direct calendar judge for a10special needs trust for the benefit of a minor or an incompetent person under Probate Code11section 3602 or 3611, the terms of the trust shall be reviewed and approved by the Probate12Division.13

Any proceeding to make a withdrawal from an account blocked for the benefit of a14minor or an incapacitated person is assigned to the Probate Division.15

A mental health proceeding will be heard as specified in subdivision 2.7(c).16(Rule 2.7 [7/1/2011, 12/21/2011, 1/1/2012, 7/1/2012, 5/17/2013] amended and effective _____)17

181920212223242526272829303132333435363738394041424344



12.24 TRIALS BEFORE TEMPORARY JUDGES AND REFERENCES2

(a) Definitions of Temporary Judge and Referee.3(1) A “temporary judge” is an attorney appointed by the court upon stipulation of4

the parties to decide the case under Article VI, Section 21 of the California Constitution. Trials5before temporary judges are governed by California Rules of Court, rules 2.830-2.834. The6appointment of a temporary judge, including in family law and probate cases, is made by the7Supervising Judge of the Civil Division. (See Cal. Rules of Court, rule 2.831(b).)8

(2) A “referee” is a person appointed by the court to hear issues in a case, which9may include trial. A reference made per agreement of the parties is governed by Code of Civil10Procedure section 638, and a reference made upon motion of a party or on the court’s own11motion is governed by Code of Civil Procedure section 639. (See also Cal. Rules of Court,12rules 3.900-3.910.) The Supervising Judge of the Civil Division appoints a referee who will hear13the case for all purposes, including judgment. The trial court appoints a referee who will hear14limited issues and issue a report and recommendation for the trial court’s approval. (Cal. Rules15of Court, rule 3.901(a).)16

(b) Proceedings Open to the Public. All proceedings before a temporary judge or referee17must be open to the public, with no restriction on attendance that would not be applicable if the18proceedings were held in a courthouse. The stipulation for appointment of temporary judge or19agreement for a reference must set forth the name and telephone number of a person for any20member of the public to contact in order to attend a proceeding that would be open to the public21if held in a courthouse. A notice containing such name and address shall be posted by the clerk22as required by California Rules of Court, rules 2.831 and 3.900 et seq.23

(c) Court File Open for Public Inspection. The court file must not be removed from the24courthouse and must remain available for public inspection as if the case were being heard by the25court.26

(d) Sealing Orders and Confidentiality. Agreements. A motion for sealing or for approval27of a confidentiality agreement must be made to the Supervising Judge of the Civil Division, not28to the temporary judge or referee.29

(e) Scheduling of Hearings. The scheduling of hearings before the temporary judge or30referee shall be arranged by the parties directly with such temporary judge or referee without31participation by the court. A party must file all documents with the court, and must furnish32pertinent copies to the temporary judge or referee. 33

(f) Appointment of Temporary Judge. Before submitting a stipulation for appointment of34a temporary judge to the court, the parties must agree upon the identity of the attorney who will35try the case, obtain that attorney’s agreement to do so, and fix a date by which all proceedings36within the court’s jurisdiction will be completed.37

The stipulation and proposed order for appointment of a privately compensated38temporary judge shall be submitted to the Supervising Judge of the Civil Division pursuant to39California Rules of Court, rule 2.831.40

(g) Representations by the Stipulating Parties. By submitting the stipulation and41proposed order to the court, the stipulating parties and their attorneys represent that (1) they are42the only parties to the case, and (2) no new parties will be added.43

(h) Application of Trial Court Delay Reduction Rules. Upon the signing of the proposed44



order by the Supervising Judge of the Civil Division, the action shall be exempt from the trial1court delay reduction rules of California Rules of Court, rule 3.700 et seq. Until the order is2signed, the case remains subject to the delay reduction rules, and all previously ordered3deadlines, hearings, and other orders made in the case remain in full force and effect. 4

(i) Deadline for Completion of Proceedings. The court’s approval of the parties’ agreed5upon completion date for all proceedings within the court’s jurisdiction constitutes a court order6to all parties, attorneys, and the temporary judge to complete the proceedings by that date. The7date will not be extended except by further order of the Supervising Judge of the Civil Division,8and violation of the order is sanctionable under California Rules of Court, rule 2.30.9

(j) Use of Public Facilities. The Supervising Judge of the Civil Division may permit a10temporary judge to use public facilities, when they are available, upon payment of a reasonable11fee set by the Supervising Judge. 12

(k) Exhibits. All exhibits must be as available for public inspection as if the case were13being tried by the court. Upon the temporary judge’s final determination of the cause, all14exhibits must be delivered to the clerk’s office properly marked and with proper exhibit receipt15form completed, unless a written stipulation for the return or disposal of such exhibits has been16approved by the temporary judge and filed.17

(l) Filing of Original Papers and Orders. All original papers must be filed with the court18within the same time and in the same manner as would be required if it were trying the case. 19Signed orders of the temporary judge must be presented for filing to the Assistant Division Chief20in Room 109 of the Stanley Mosk Courthouse if the case is pending in the Central District, and21to the person designated by the supervising judge if the case is pending in another district. 22Minute orders will not be accepted unless they are signed by the temporary judge. If a minute23order format is used, the order must set forth the name, address, telephone number, and CSR24number of any privately retained court reporter or, if electronic reporting is used, the minute25order must so state.26

(m) Court Approval Required. A written agreement for an order directing a reference is27subject to the court’s approval, and the court may, in its discretion, refuse to approve the28reference. 29

(n) Listing of Referred Issues. If the reference concerns are less than all issues in the30case, the agreement and the proposed order shall either (1) enumerate each issue to be31determined by the referee or (2) state that the referee is to decide all issues except those32enumerated, which will be reserved for decision by the court. 33

(o) Deadline for Completion. The date by which the referee’s decision must be reported34to the court may be extended only by order of the court, and all proceedings before the referee35must be scheduled and conducted in order to meet the reporting date. A failure to complete the36reference by said date is sanctionable under California Rules of Court, rule 2.30.37

(Rule 2.24 [7/1/2011] amended and effective ___________)383940


Chapter THREE - Staff Edit 1/6/2014Page 1 of 8

3.5 TIME FOR HEARINGS1(a) Time of Hearing. In the Central District, except as stated below, unlimited civil law2

and motion matters, including ex parte applications, will be heard by the Direct Calendar,3Specialized Civil Court, and Master Calendar Court judges in their respective departments at48:30 a.m. each day. 5

(1) Writs and Receivers Departments. Noticed motions and other noticed6proceedings are heard in Departments 82, 85, and 86 (“writs and receivers departments”) on the7following calendar days and times: (a) Department 82 (Tuesday 8:30 a.m. and Thursday 1:308p.m.), (b) Department 85 (Tuesday 1:30 p.m. and Thursday 8:30 a.m.) and (c) Department 869(Wednesday 8:30 am. and Friday 1:30 p.m.) Ex parte applications are heard daily in the writs10and receivers departments at 8:30 a.m. All ex parte applications, including an ex parte11application for a temporary restraining order or order shortening time for a preliminary12injunction properly filed in the writs and receivers departments (see Local Rule 2.5(b)(1)(H)132.7(b)(1)(G)), must be presented when the courts open at 8:30 a.m. No ex parte application filed14after 8:45 a.m. will be heard until the next court day. 15

(2) Limited Civil. In limited civil and limited unlawful detainer matters, ex parte16applications are heard at 1:30 p.m. All papers must be filed in Room 102 by 1:00 p.m. 17

(3) Supplemental and Miscellaneous Proceedings in the Central District. To18determine the days, times, and places for supplemental and miscellaneous proceedings in the19Central District, counsel should check the court’s website at “lasuperiorcourt.org”.20

(b) Districts Other Than Central District. To determine the days, times, and places for21matters heard in districts other than the Central District, counsel should consult with the office of22the supervising judge of the district.23

(Rule 3.5 [7/1/2011, 5/17/2013] amended and effective ___________)2425262728293031323334353637383940414243



3.23 EXEMPTION FROM CASE MANAGEMENT RULES1Pursuant to California Rules of Court, rule 3.720(b), all limited civil cases and all2

Personal Injury Actions (as defined in Rule 2.3(a)(1)(A)) filed before January 1, 2016 are3exempted from the case management rules of Title 3, Division 7, Chapter 3 of the California4Rules of Court. The court will set trial dates and make other case management orders, including5orders concerning compliance with Code of Civil Procedure sections 1141.10 et seq. and 1775 et6seq. (concerning mandatory judicial arbitration and mediation in unlimited civil cases in which7the amount in controversy does not exceed $50,000), by issuing orders in individual cases8subject to this exemption.9

A “Personal Injury Action” is an unlimited civil case described on the Civil Case Cover10Sheet Addendum and Statement of Location (LACIV 109) as Motor Vehicle-Personal11Injury/Property Damage/Wrongful Death; Personal Injury/Property Damage/Wrongful Death-12Uninsured Motoroist Motorist; Product Liability (other than asbestos or toxic/environmental);13Medical Malpractice-Physicians & Surgeons; Other Professional Health Care Malpractice;14Premises Liability; Intentional Bodily Injury/Property Damage/Wrongful Death; or Other15Personal Injury/Property Damage/Wrongful Death. An action for intentional infliction of16emotional distress, defamation, civil rights/discrimination, or malpractice (other than medical17malpractice), is not included in this definition. An action for injury to real property is not18included in this definition.19

(Rule 3.23 [as TRIAL DELAY REDUCTION 7/1/2011, REPEALED 7/1/2013, 5/17/2013]20amended and effective ______________)21

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3.24 CASE MANAGEMENT1(a) Purpose. The court adopts the following rules concerning case management for all2

civil cases pursuant to California Rules of Court, rule 3. 711, and to advance the goals of3Government Code section 68603 and Standard 2.1 of the Standards of Judicial Administration. 4

(b) Cases Exempted. The following civil matters are not subject to case management5conference or review: (1) limited civil cases and all Personal Injury Actions (see Local Rule63.23); (2) small claims matters; (3) matters assigned for all purposes based on subject matter7(e.g., mandamus, name change petitions, civil harassment petitions); (4) cases stayed because of8a bankruptcy, an installment settlement, or having been removed to federal court; (5) uninsured9motorist cases for 180 days after filing; (6) "collections cases" (defined as an action for the10recovery of not more than $25,000 of money owed in a sum stated to be certain arising from a11credit transaction) where there has been no responsive pleading filed under California Rules of12Court, rule 3.712(d); and (7) cases coordinated by a petition for coordination under California13Rules of Court, rule 3.501 et seq. (Cal. Rules of Court, rule 3.721; Gov. Code., § 68608(a).)14

An “Uninsured Motorist Case” is a civil action for damages filed against a defendant who15is an uninsured motorist where the plaintiff’s claim is subject to an arbitration provision as16defined by Government Code section 68609.5 and Insurance Code section 11580.2. Plaintiff17must identify the case as “Uninsured Motorist” by so stating on the face of the complaint or by18filing a subsequent “Notice of Uninsured Motorist Designation” as soon as that fact becomes19known. The case management rules shall apply to Uninsured Motorist Cases 180 days after20filing. (Cal. Rules of Court, rule 3.712.)21

(c) Differentiation of Cases to Achieve Goals (Cal. Rules of Court, rule 3.714). 22(1) Evaluation and Assignment. At the first status conference or at an earlier time23

deemed appropriate by the court, the court shall evaluate the case as provided in subdivision (d)24below. After evaluation, the court shall assign the case to one of the three case-management25plans in subdivision (c)(2) or exempt the case under subdivision (c)(3) from the case-disposition26time goals provided in California Rules of Court, rule 3.714(b), and Standard 2.2 of the Judicial27Administration Standards. The court may modify the assigned case-management plan at any28time for good cause shown.29

(2) Case-management plans. The plans for disposition of civil cases from the date30of filing are as follows: 31

(a) Plan 1, disposition within 12 months;32(b) Plan 2, disposition within 18 months; and 33(c) Plan 3, disposition within 24 months.34

(3) Exceptional cases. The court may, in the interest of justice, exempt a civil case35from the case-disposition time goals if it finds the case involves exceptional circumstances that36will prevent the court and the parties from meeting the goals and deadlines imposed by the37program. In making the determination, the court shall be guided by subdivision (d) below. If the38court exempts the case from the case-disposition time goals, the court shall establish a case-39progression plan and monitor the case to ensure timely disposition consistent with the40exceptional circumstances, with a goal for disposition within three years. 41

(d) Case Evaluation Factors (Cal. Rules of Court, rule 3.715). In setting or exempting a42case from a case disposition time goal, the court shall estimate the maximum time that will43reasonably be required to dispose of the case in a just and effective manner. The court shall44



consider the following factors and any other information the court deems relevant, understanding1that no one factor or set of factors controls and that cases may have unique characteristics2incapable of precise definition:3

(1) Type and subject matter of the action;4(2) Number of causes of action or affirmative defenses alleged;5(3) Number of parties with separate interests;6(4) Number of cross-complaints and the subject matter;7(5) Complexity of issues, including issues of first impression;8(6) Difficulty in identifying, locating, and serving parties;9(7) Nature and extent of discovery anticipated;10(8) Number and location of percipient and expert witnesses;11(9) Estimated length of trial;12(10) Whether some or all issues can be arbitrated;13(11) Statutory priority for the issues;14(12) Likelihood of review by writ or appeal;15(13) Amount in controversy and the type of remedy sought, including measure of16

damages;17(14) Pendency of other actions or proceedings which may affect the case;18(15) Nature and extent of law and motion proceedings anticipated;19(16) Nature and extent of the injuries and damages;20(17) Pendency of under-insured claims; and21(18) Any other factor that would affect the time for disposition of the case.22

(Rule 3.24 [7/1/2011, 5/17/2013] amended and effective______________)232425262728293031323334353637383940414243

PRETRIAL PREPARATION AND RULINGS44



3.48 TRIAL CONFERENCE1Before a panel of prospective jurors is summoned, the trial judge will determine if a jury2

trial has been properly demanded, with fees timely posted, and if a jury will be waived. If trial is3by jury, the trial judge may determine the following items:4

(a) Voir Dire Examination. The areas of proposed voir dire interrogation to be directed5to prospective jurors and whether there is any contention that the case is one of "unusual6circumstances" or contains "unique or complex elements, legal or factual" within the meaning of7Standards of Judicial Administration, Standard 3.25, such that usually improper voir dire8questions may be asked or limited preinstruction concerning the law may be appropriate. 9

The trial judge will normally follow the voir dire procedures and utilize the questions, or10those substantially similar set forth in Standards of Judicial Administration, Standard 3.25;11

(b) Statement of Case Read to Jury Panel. The text of a brief statement of the case12suitable to be read by the trial judge to the panel of prospective jurors (see Local Rule 3.25(h)(f);13

14(c) Fewer Than Twelve Jurors. Whether a stipulation may be reached to the effect that15

fewer than 12 jurors may sit in the case;16(d) Number of Alternate Jurors. The number of alternate jurors, if any, to be selected;17(e) Stipulation to Excuse Jurors. Whether a stipulation may be reached to excuse jurors18

who express a desire not to sit because of potential length of the trial; and19(f) Determination of Sides and Allocation of Peremptory Challenges. In multiple party20

cases, whether there are issues as to the number of "sides" and allocation of peremptory21challenges within the meaning of Code of Civil Procedure section 231 and, if so, whether a22stipulation may be reached on that issue.23

(Rule 3.48 [7/1/2011] amended and effective ___________)242526272829303132333435363738394041



13.150 EXHIBITS TO HAVE BEEN SHOWN TO ADVERSARIES BEFORE FIRST2

REFERENCE 3Before the first reference to any exhibit, the proponent must show it to opposing counsel 4

for review. (See also, Local Rule 3.25(h)(f).) 5(Rule 3.150 [7/1/2011] amended and effective __________)6

789

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3.240 INITIAL CASE MANAGEMENT CONFERENCE 1The court will set an initial case management conference approximately 90 days after the2

complaint is filed. (See Cal. Rules of Court, rule 3.722.) The date designated may be changed3only upon order of the court.4

(a) Joint Case Management Statement. All counsel must meet and confer on the topics5required by California Rules of Court, rule 3.724, in person or by telephone no later than 156calendar days prior to the initial case management conference. The parties must file a joint case7management statement, Judicial Council form CM-110, signed by all counsel, no later than five 8calendar days prior to the initial case management conference. The case management statement9must attach an addendum addressing the following issues: 10

(i) Brief statement of the purpose of acquisition, the property address, portion11of property being taken, nature of improvements, and zoning;12

(ii) Names and capacities of parties served and of parties not yet served;13(iii) Scope of the taking, if less than fee simple;14(iv) Whether condemnor intends to acquire subject to any easements, leases or15

other interests of record;16(v) Right-to-take challenges or other affirmative defenses anticipated to be17

raised, and by which parties;18(vi) Whether severance damages, benefits, pre-condemnation damages, loss of19

goodwill, or compensation for inventory are being claimed, and if so, by which parties;20(vii) Whether condemnor intends to seek prejudgment possession. If so, the21

anticipated date of possession and whether any defendants object thereto;22(viii) Whether Code of Civil Procedure section 1260.040 legal issue motions23

are anticipated;24(ix) Whether condemnor intends to claim that soil or groundwater25

contamination or other conditions in or on the property will affect the opinion of value, and if so,26whether exchange of reports of contamination and estimated cleanup costs should be exchanged27in advance of exchange of appraisals;28

(x) Whether condemnor intends to seek prejudgment access for inspections or29testing. If so, the anticipated date(s) of access and whether any defendants object thereto;30

(xi) Whether bonus value or other apportionment issues are anticipated;31(xii) Nature of any disputes regarding title, non-permitted improvements,32

ownership of improvements pertaining to the realty, or tax proration;33(xiii) Whether delays are anticipated because of relocation of tenants,34

structures, or utilities;35(xiv) Whether the parties stipulate to the date of valuation;36(xv) Whether the parties stipulate to the exchange of the final statutory offer37

and demand at the mandatory settlement conference;38(xvi) Other matters to which the parties are prepared to stipulate; and 39(xvii) Other matters that may affect pretrial scheduling.40

Counsel must bring to the initial case management conference a written stipulation and41order concerning facts or issues to which they have stipulated.42

(b) Date for Exchange of Expert Witness Lists and Appraisals. At the initial case43management conference, the court will set a date for the simultaneous exchange of expert44



witness lists and appraisals. The date of exchange will be no sooner than nine months after the1complaint is filed and will be at least 90 days prior to trial, unless the court orders otherwise for2good cause shown. The parties also may stipulate to the exchange of expert lists and appraisals3outside of court. 4 The court has adopted this rule concerning exchange of expert lists and appraisals as a5substitute for, and as deemed compliance with, the procedures set forth in Code of Civil6Procedure sections 1258.210-1258.290. The parties are not required to file a formal demand for7exchange of expert lists and appraisals as provided for in Code of Civil Procedure section 81258.210. (See Code Civ. Proc., §1258.300.)9

(c) Trial Date. In setting the trial date, the court shall consider the fact that eminent10domain cases have precedence over other civil matters for hearing or trial in accordance with11Code of Civil Procedure section 1260. 010. The trial date generally will be set not less than one12year from the filing of the complaint. 13

(d) Case Management Order. In the case management order, the court will set dates for14the expert witness list and appraisal exchange, a seven-month status conference, a mandatory15settlement conference, a trial readiness conference, and trial.16

(Rule 3.240 [7/1/2011] amended and effective ____________)1718192021


Chapter FOUR - Staff Edit 1/6/2014Page 1 of 1

4.3 PROBATE COURT INFORMATION1(a) Filing. With the exception of the North District, all probate matters are2

filed and heard in the Central District at the Stanley Mosk Courthouse. Case numbers will have3a prefix of BP in the Central District and MP in the North District.4

(b) Addresses and Telephone Numbers and Calendaring Information. The address,5telephone number, and calendaring information for the Probate court is available online at6www.lasuperiorcourt.org. 7

(Rule 4.3 [7/1/2011, 5/17/2013] amended and effective ____________)89

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Chapter FIVE - Staff Edit 1/6/2014Page 1 of 6

5.14 TRIAL READINESS, SETTLEMENT CONFERENCES AND PRE-TRIAL ORDERS1At a Trial Readiness Conference (“TRC”) or other trial setting proceeding the court may2

make orders deemed necessary for the case to be considered ready for trial and may set the case3for a Mandatory Settlement Conference (“MSC”), Arbitration, or other Alternate Dispute4Resolution proceedings.5

All parties and trial counsel must appear personally at the Mandatory Settlement6Conference, Arbitration, or other Alternate Dispute Resolution proceeding unless otherwise7ordered.8

The court’s role at the MSC is to assist the parties in settlement negotiations. Prior to an9MSC, counsel must hold at least one face-to-face or telephonic settlement discussion, and make10a full exchange of all pertinent information.11

(a) Pre-Trial Orders. At a TRC or other pre-trial proceeding, the court12may make any of the following orders:13

(1) Not less than seven calendar days before a scheduled TRC or MSC, or other14pre-trial proceeding, each party must exchange on the other and lodge with Department 2, or as15otherwise ordered, the following: 16

(i) A witness list identifying all non-party, non-impeachment lay and expert17witnesses to be called at trial, together with a brief description of each witness’s testimony; 18

(ii) An exhibit list identifying all non-impeachment exhibits to be offered at19trial to prove the case-in-chief;20

(iii) A current completed signed and dated Income and Expense Declaration; 21(iv) A completed signed and dated Property Declaration; and 22(v) A Jointly prepared statement of the characterization and value of each23

asset, the characterization and amount of each debt, and the amount of each credit or24reimbursement claimed with references to any supporting documentation. 25 (2) Within five days of receiving the other party’s exhibit list, a party may request26in writing that the offering party provide a copy of any listed exhibits, which exhibits must be27provided to the requesting party prior to the next TRC, MSC, or trial date. The failure, without28good cause, to make a timely request for a copy of an exhibit will preclude a claim of surprise. 29

(b) Contents of the MSC Brief. An MSC Brief, if ordered by the court, must contain the30following:31 (1) The times and dates of the MSC and the trial, set forth in the caption;32. (2) All relevant statistical facts, including the date of marriage, date of separation,33length of marriage (in years and months); and the number and ages of minor children;34 (3) A recitation of the facts of the case and its procedural history, identifying all35previous orders bearing on any matter in dispute and followed by a brief discussion of the law on36which a party relies as to each contested issue;37 (4) Each party’s specific proposals regarding child custody and child and/or38spousal support, together with computer support printouts if applicable;39

(5) For any case in which an item of personal or real property or an interest40therein is claimed to be separate property and the other party has not stipulated thereto in open41court, the date of acquisition, the encumbrances at acquisition, the title at acquisition, current42value, and the amount of present encumbrances;43



(6) The proposed division of community assets and community debts; 1(7) The amount of any attorneys’ fees, experts’ fees, or costs being requested.2(8) A request for attorneys’ fees, experts’ fees, or costs must comply with the3

requirements of California Rules of Court, rule 5.427.4(c) Sanctions for Failure to Comply with Trial Readiness Requirements Ordered by the5

Court. The failure, without good cause, to exchange and lodge the witness list described in6subdivision (a)(1)(i) may preclude a party from calling any witness other than the parties at trial. 7The failure, without good cause, to lodge the exhibit list described in subdivision (a)(1)(ii), list a8particular exhibit, or provide copies of exhibits as required by subdivision (a)(2), may result in9sanctions, including, but not limited to, exclusion of the unlisted, non-impeachment exhibits at10trial. The failure, without good cause, to comply with this rule also may result in monetary11sanctions, including payment to the court or of the attorney’s fees and costs incurred by the other12party, and/or to the court and payment of money, including attorneys’ fees and costs, incurred by13the other party and/or taking the trial off calendar. 14(Rule 5.14 [as MANDATORY SETTLEMENT CONFERENCES AND PRE-TRIAL ORDERS15

7/1/2011, 7/1/2012, 5/17/2013] amended and effective _____________)1617181920212223242526272829303132333435363738394041424344



15.19 FAMILY COURT SERVICES: MEDIATION, CUSTODY EVALUATIONS AND2

PARENT EDUCATION3Family Court Services must provide confidential mediation of child custody and4

visitation disputes, must provide a mediation orientation program as described below in5subdivision (a)2)(i), and will conduct or coordinate court-ordered evaluations. Family Court6Services staff will aid parents making their own decisions regarding the care of their children.7

(a) Family Court Services Mediation. 8(1) This rule applies to all family law cases involving a dispute regarding child9

custody and/or visitation.10(2) The Family Code assigns jurisdiction over such matters disputes to the11

Conciliation Court. Family Court Services must provide the parents in such disputes with the12following:13

(i) A mediation orientation program which includes an explanation of the14mediation process, educational material regarding the effects of parental separation and conflict15on children, and information and referrals about domestic violence. 16

(ii) Mediation session(s) focused on the resolution of the custody and/or17visitation dispute.18

(3) Unless otherwise specified below, parents must attend a mediation orientation19and a mediation session prior to appearing at an order to show cause hearing or trial regarding20the custody and/or visitation of their children, unless they resolve all issues pertaining to custody21and/or visitation prior to the date of hearing. Parents must attend the mediation orientation22program once. An appointment for a mediation session will be obtained prior to obtaining an23order to show cause hearing date or a trial date regarding child custody and/or visitation issues. 24

(i) Parties in cases filed under the DVPA may attend the mediation orientation25program but are not required to do so.26

(ii) Failure to attend the mediation orientation program will not preclude the27Family Law Services Mediation Office from proceeding with a mediation session in a specific28case.29

(iii) Failure to attend the mediation orientation program will not preclude a30court from making orders regarding a specific matter.31

(iv) This rule and a schedule for the mediation orientation program will be32provided by the clerk to the petitioner or moving party. The petitioner or moving party must33serve the same, along with the Petition or order to show cause, on the responding party. The34clerk will not schedule a court date for an order to show cause hearing regarding custody and/or35visitation until the party has scheduled a mediation appointment with Family Court Services. 36

(v) Each party will receive a certificate of completion of the mediation37orientation program. It is the responsibility of each party to provide proof of completion of the38mediation orientation program upon request of the court.39

Sanctions may be imposed by the court upon any party for failure to complete40the mediation orientation program or Family Court Services mediation. 41

(b) Confidentiality of Family Court Services Proceedings. 42(1) In any family law proceeding involving the custody or visitation of minor43

children, any written report or recommendation from the Child Custody Evaluation Unit of44



Family Court Services or from any person appointed by the court to render a report must be1confidential and unavailable to any person except the court (including Juvenile Division), the2Department of Children and Family Services, the parties, their attorneys, expert witnesses, and3any person to whom the court grants access by written order made with prior notice to all parties.4No person who has access to a report shall disclose its contents to any child who is the subject of5the report.6

(i) Copies of the report must be furnished by Family Court Services to counsel7at least ten days before any hearing or other action which is the subject of the report unless8otherwise ordered by the court.9

(ii) The name and address of any party who becomes delinquent in payments10owed to the court for work performed by the Child Custody Evaluations Office and the amount11owed may be released by the court to a collections agency for the purpose of collecting the debt.12

(iii) Nothing in this rule shall prevent an evaluator from disclosing the13existence of another court case involving the children at issue or their parents, stepparents, or14legal guardians for purposes of coordinating court hearings and delivery of services.15

(2) Except as provided here, it is the policy of the court that all Conciliation Court16marriage counseling and family mediation services are confidential. Such confidentiality is17essential to the effective functioning of the Conciliation Court.18

(i) Family Court Services staff must not disclose information to persons other19than participants and their counsel, or produce records in violation of this policy. No Family20Court Services staffperson, party, counsel, or participant may be compelled to testify concerning21any information acquired--including, but not limited to, communications or observations made in22connection with the provision of Conciliation Court services.23

(ii) Exceptions24Nothing in this rule restricts any person from reporting or serving as a witness25

where a crime has been committed, or is alleged to have been committed, in his or her presence; 26Nothing in this rule restricts Family Court Services staff from complying with27

any law requiring reporting of child abuse and the fact that such a report was made or exists shall28not be deemed confidential; 29

Nothing in this rule restricts Family Court Services staff from complying with30the requirements of Tarasoff v. The Regents of the University of California (1976) 17 Cal.3d31425;32

The fact that a Family Court Services mediation session took place, the time33and place of that session, and the identities of participants shall not be deemed confidential;34

The fact that an agreement was or was not reached and the contents of any35signed stipulation and order resulting from a Conciliation Court session shall not be deemed36confidential;37

Nothing in this rule prevents a Family Court Services mediator from38recommending that a matter be referred for a child custody evaluation, or that an attorney be39appointed for a child or children;40

Nothing in this rule prevents the Family Court Services mediator from41meeting with the judge hearing a contested custody matter in an in-chambers conference with42both attorneys and the parties when the parties themselves have both consented to such a43conference following their completion of the mediation process. 44



Nothing in this rule prevents a mediator from disclosing the existence of1another court case involving the children at issue or their parents, stepparents, or legal guardians2for purposes of coordinating court hearings and delivery of services.3

(c) Adherence to Standards and Requests for Change of Family Court Services4Mediator/Evaluator. 5

(1) Mediator. A request for a change of mediator must be addressed to a6Supervisor, Family Court Services. If the request is not resolved to the satisfaction of the party7seeking it, that party may bring the request to the attention of the Administrator, Family Court8Services. The request will be granted only upon a showing of good cause.9

(2) Evaluator. After a stipulation has been filed appointing the court’s Child10Custody Evaluations Office and an evaluator has been assigned, each side is permitted one11peremptory challenge to the evaluator assigned within five court days of receiving the written12notification of the assignment. Challenges for cause may be made at any point in the process13through the Administrator of Family Court Services. An evaluator appointed to perform a14Solution Focused Evaluation can only be challenged for cause. 15

(3) Good Cause. Good cause may include, but not be limited to, a showing that16the mediator or evaluator is personally acquainted with a party or has a conflict of interest or17appearance thereof with one of the parties or attorneys, or is otherwise unable to perform his or18her duties in a fair and impartial manner.19

(4) Complaints. A complaint about a Family Court Services mediator or20evaluator must be addressed in writing to the Administrator, Family Court Services. A21supervisor will review the complaint and the case file and discuss the matter with the individual22mediator or evaluator who is the subject of the complaint. A written response will be sent to the23person filing the complaint. If either the complainant or the mediator or evaluator is not satisfied24with the action taken in connection with the complaint, it may be brought to the attention of the25Administrator. If appropriate, corrective and/or disciplinary action will be taken with the26individual staff person involved.27

(5) Standards of Practice It is the responsibility of the court to assure that28mediators and evaluators adhere to the Standards of Practice as set forth in the California Rules29of Court, Chapter 5. The quality of service is monitored on an on-going basis by: (1) Regular30training and clinical supervision of Family Court Services clinical staff and their work; and (2)31Review sheets completed by judicial officers on child custody evaluations.32

(d) Assessment of minor(s) seeking permission to marry.33(1) Statute requires court and parental consent for a minor seeking permission to34

marry.35(2) A minor seeking permission to marry must file with the Court a Request of36

Minor to Marry (FL-910) that includes written parental consent; and a proposed Order (FL-915).37(3) To assist the court in determining whether to grant the minor permission to38

marry, the minor and his or her prospective spouse are required to meet with a Family Court39Services Specialist for an assessment for consent to marry.40

(4) The Family Court Services Specialist must provide the court with a41recommendation as to whether the application should be granted, denied, or deferred.42

(5) The recommendation is confidential and unavailable to anyone except the43court, the parties, and their attorneys, and will be placed in a confidential envelope.44



(6) The court shall consider the application, recommendation, and such other1matters it deems relevant and thereafter issue an order to grant or deny the Request of Minor to2Marry.3

(Rule 5.19 [7/1/2011] amended and effective _________)4567


Chapter NINE - Staff Edit 1/6/2014Page 1 of 2

9.1 GENERAL PROVISION1(a) Assignment of Judges.2

(1) Appellate Division. Four judges are assigned to the Appellate Division by3the Chairperson of the Judicial Council. The Appellate Division is in Room 607 in the Stanley4Mosk Courthouse.5

(2) Department 70. Each judge assigned to the Appellate Division is also6assigned individually on a rotating basis to Department 70 of the Central District, Room 607 of7the Stanley Mosk Courthouse. The judge in Department 70 hears and decides petitions for writ8of habeas corpus filed in conjunction with an appeal pending in the Appellate Division. This9assigned judge’s decision is not subject to review by the Appellate Division. 10 (b) Appellate Jurisdiction. 11

(1) Appeals. The Appellate Division has jurisdiction over all appeals arising from12all misdemeanor, infraction and limited civil cases in the County (except small claims appeals13and parking citation appeals) and over all motions and petitions for stay orders in connection14with such appeals. (Code Civ. Proc., § 77(e).)15

(2) Decisions. A panel of three judges participates in each matter before the16court. The concurrence of at least two judges is required for a decision in any case. (Code Civ.17Proc., § 77(a), (b) and (d).)18

(c) Writ Jurisdiction. 19(1) Writs. The Appellate Division has jurisdiction over all petitions for writs of20

mandate, prohibition, and review (certiorari) in any misdemeanor, infraction, or limited civil21case. (Code Civ. Proc., §§ 1068(b), 1085(b) and 1103(b).)22

(2) Decision. A panel of three judges participates in each petition for writs of23mandate, prohibition, and review (certiorari) in any misdemeanor, infraction, or limited civil24case. The concurrence of at least two judges is required for a decision in any petition for a writ. 25(Code Civ. Proc., § 77(a), (b) and (d).)26

(Rule 9.1 [7/1/2011] amended and effective ____________)2728293031323334353637383940414243


Chapter NINE - Staff Edit 1/6/2014Page 2 of 2

9.4 APPOINTED COUNSEL IN MISDEMEANOR APPEALS1(a) Right to Counsel. A defendant appealing a misdemeanor conviction, who had2

appointed counsel at trial or who has otherwise met the standards for appointed counsel, is3entitled to appointed counsel on appeal. (Cal. Rules of Court, rule 8.851(a).)4

(b) Applications for Appointed Counsel. 5(1) Filing. A party meeting the standards may apply for appointment of counsel6

in the Appellate Division. The application must comply with California Rules of Court, rule78.851(b).8

(2) Indigency. If a defendant was not represented by appointed counsel in the trial9court, the application for appointed counsel must include a declaration of indigency. (Cal.10Judicial Council Form MC-210.) All applications for appointment of counsel are decided11without a hearing. (Cal. Rules of Court, rule 8.851(b)(2); Local Rule 9.9(e).)12

(3) List of Attorneys. Appointments are made by the Appellate Division from the13list of attorneys maintained by the Appellate Division. 14

(Rule 9.4 [7/1/2011] amended and effective __________)151617


Appendix 4.ARef. Local Rule 4.4 [7/1/2011] amended and effective____________ Page 1 of 2

CHAPTER FOUR1

PROBATE2

3

APPENDIX 4.A4

5

COMMONLY USED ABBREVIATIONS 67

Acct Account 8Admin Administrator 9Admin CTA Administrator with Will Annexed 10Aff Affidavit/Prob C 8100 Ntc 11A.O. Attorney Order12Apprl Appraisal 13ARA Account, Report, Acts 14Auth Authority/Authorize 15Bene Beneficiary 16Cite Citation 17Cod Codicil 18Consee Conservatee 19Consr Conservator20Cont Continue 21C/P Community property22CRC California Rules of Court, Title 7 [Probate]23DCFS Department of Children and Family Services 24D/D Date of Death 25Decd Decedent/deceased 26DHS Department of Health Services27DMH Department of Mental Health 28Dist Distribution 29DOB Date of Birth 30DSS Department of Social Services31DWOP Deny without prejudice32Ex Extraordinary 33Extr Executor 34FBO For Benefit of 35FMV Fair market value 36GAL Guardian ad Litem 37Gdn Guardian38Holo Holographic 39IAEA Independent Administration of Estates Act40


Appendix 4.ARef. Local Rule 4.4 [7/1/2011] amended and effective____________ Page 2 of 2

I&A Inventory & Appraisal 41ITF In Trust For 42J/T Joint Tenancy 43JTD Judge To Determine 44Juris Jurisdiction 45LASC Ch 10 4 Chapter 10 4 of Los Angeles Superior Court Rules46Ltd Limited 47Ltrs Letters 48M.O Minute Order 49Ntc Notice 50NTE Not To Exceed51Objs Objections52Objr Objector 53O/C Off Calendar 54OTR Ordered To Return 55o/w Otherwise 56PA Public Administrator 57P&E Person & Estate 58Pers Rep Personal Representative59Petnr Petitioner60Prob C Probate Code 61P/P Personal property 62Pub Publication 63PVP Probate Volunteer Panel Attorney 64R/A Request of Attorney 65Reapprl Reappraisal66RFA Recommended for Approval67R/P Real property 68S/P Separate Property 69Spec Admin Special Administrator 70Spec Ntc/copy Special Notice & Copy 71Stat Statutory 72Succ Successor 73Supp req Supplement required74Tee Trustee 75Temp Temporary 76Tr Trust 77T/T Take Testimony 78VA Veteran’s Administration79

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