superior court of california · 26 a department assigned related cases may consolidate or dismiss...

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

Rule 3.3(f)(2) & (f)(3) - EC - 9,14,11

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3.3 ASSIGNMENT OF DIRECT CALENDAR CASES 1

(a) Proportionate Assignment. . . .2

(b) Regulation of Case Assignment. . . .3

(c) Notice of Case Assignment. . . .4

(d) Improper Refiling. . . .5

(e) Duty of Counsel. . . .6

(f) Related Cases. (Cal. Rules of Court, rule 3.300.)7

(1) Where one of the cases listed in a Notice of Related Cases has been assigned8

to a Complex Litigation department, the judge in the Complex Litigation department shall9

determine whether the cases will be ordered related and assigned to the Complex Litigation10

department;11

(2) Where the cases listed in a Notice of Related Cases contains a probate or12

family law case, Department 2 shall determine whether the cases shall be ordered related13

and, if so, to which department they shall be assigned if the cases are all pending in the Central14

District or pending in two different districts. If the cases are all pending in one district that is15

other than the Central District, the Supervising Judge of that district shall determine whether the16

cases shall be ordered related and, if so, to which department they shall be assigned;17

(3) In the event that the pertinent judge under California Rules of Court, rule18

3.300(h)(1)(A)(B)(C), does not order related any of the cases set forth in the Notice of Related19

Cases, any party may file an application to have the cases related. Department One20

shall hear the application , if the cases are all pending in the Central District or 21

pending in two different districts. If the cases are all pending in one district that is other22

than the Central District, the application shall be heard by the Supervising Judge of that23

district. The application must be served on each party in every case listed in the Notice24

of Related Cases, with proof of service attached.25

(4) Every counsel in cases that have been related must inform the court of all26

pending alternative dispute resolution (“ADR”) proceedings in the related cases. If one or more27

of the ADR proceedings is court-sponsored, every counsel must also inform the ADR Office that28

the cases have been related.29



Rule 3.3(f)(2) & (f)(3) - EC - 9,14,11

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(g) Consolidation of Cases. . . .30

(h) Coordination of Non-Complex Cases. . . .31

(i) Assignment for All Purposes. . . .32

(j) Effect of Judge Unavailability. . . .33

(k) Complex Litigation.. . .34

(Rule 3.3 [7/1/11] amended and effective January 1, 2012)35

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Rule 5.3 - EC - 9,14,11

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5.3 SESSION HOURS AND CALENDARING1

(a) Ex Parte Applications. Ex parte applications and orders, including notice thereof,2

must comply with California Rules of Court, rule 3.1200 et seq., except for good cause shown or3

as otherwise provided by law. In a Domestic Violence Protection Act proceeding, an4

application may be made without notice pursuant to Family Code section 6300.5

(1) Domestic Violence Prevention Act Ex Parte Applications. An ex parte6

application brought under the Domestic Violence Prevention Act (Fam. Code, § 6200 et seq.)7

may be presented on any court day only from 8:30 a.m. until 11:30 a.m., and from 1:30 p.m. until8

3:30 p.m.9

(2) Non-Domestic Violence Protection Act Ex Parte Applications:10

(A) Central District: An ex parte application, brought on a ground other11

than the Domestic Violence Prevention Act, may be presented on any court day only from 8:3012

a.m. to 10:30 a.m. in the department in which the case is assigned; or, if the case has not yet been13

assigned, to Department 2.14

(B) District Courts: Counsel should contact the courtroom to which the15

case is assigned to determine session hours.16

(b) Central District.17

(1) Law and Motion and Orders to Show Cause: 18

Central District: 19

O rders to show cause hearings are set on Mondays, Tuesdays, and Wednesdays at20

8:30 a.m. Law and motion matters are set on Mondays and Wednesdays at 8:45 a.m. 21

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(2) Trials: 25

Short cause trials (defined as less than five hours) are held on26

Wednesdays at 1:30 p.m. and Thursdays and Fridays at 8:30 a.m.27

Long cause t rials that are more than five hours long but that do not28

exceed five days are held on Wednesdays at 1:30 p.m. and on Thursdays and Fridays at 8:30 a.m.29



Rule 5.3 - EC - 9,14,11

Page 2 of 2

The judge30

to whom the matter is assigned may refer a long cause trial that exceeds five days to the31

Supervising Judge (Department 2) for re-assignment for trial purposes only to the long cause trial32

court (Department 46). The session hours for the long cause trial court are Mondays through33

Fridays, 8:30 a.m. to 4:30 p.m. 34

(c) District Courts. Counsel should contact the courtroom to which the case is assigned35

to determine session hours for law and motion, orders to show cause, 36

and trials.37


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Rule 5.5 - EC - 9,14,11

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5.5 TRANSFER OF RELATED FAMILY LAW CASES1

A department to which a related family law case is assigned may transfer such case to2

another family law department, or may cause another related family law case to be transferred to3

itself. Related family law cases must be transferred, except for good cause, to the department to4

which the lead case is assigned, according to the following guidelines.5

(1) The first filed marital or Registered Domestic Partnership status case6

(dissolution, legal separation or nullity) must be the lead case;7

(2) The first filed parentage case (Uniform Parentage Act) must be the lead case8

when there is no marital status case ;9

(3) Government parentage and support cases may be related to other family law10

cases pursuant to Local Rule 5.24;11

(4) The first filed action for exclusive custody (Fam. Code, § 3120) must be the12

lead case when there is no marital status or parentage case;13

(5) A Domestic Violence Protection Act (“DVPA”) case must not be14

the lead case over any other type of family law case.The first filed pending DVPA case must be15

the lead case. An application for a DVPA temporary restraining order will be assigned as16

provided in Local Rule 2.1(c). However, unless good cause is shown, the hearing on the DVPA17

restraining order will be set in the department which has been assigned the lead case. 18

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(6) A case opened to receive an order closing a dependency case must not be a23

lead case over any other type of family law case, and must be related to any other family law case24

involving the same minor child.25

A department assigned related cases may consolidate or dismiss any of those cases as26

permitted by law.27


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Rule 5.6 - EC - 9,14,11

Page 1 of 1

5.6 REQUIREMENT TO MEET AND CONFER 1

Once papers have been filed in response to an order to show cause, 2

the moving party must contact the opposing counsel in advance of the hearing to meet,3

confer, and ascertain whether issues can be settled without a contested hearing. 4

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The court may8

consider a failure to meet and confer when making an award of attorney’s fees and/or sanctions. 9

This rule does not apply to domestic violence matters, unless both parties are represented by an10

attorney.11


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Rule 5.7 - EC - 9,14,11

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5.7 CONTINUANCES1

(a) Stipulated Continuances. 2

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A party seeking a telephonic continuance of a hearing on a4

motion or order to show cause must comply with the following. If all parties5

stipulate to a continuance, counsel seeking the continuance must inform the courtroom clerk by6

telephone or in person as soon as possible, and in any event, no later than 3:00 p.m. of the court7

day preceding the hearing, and must also seek a new hearing date from the clerk. 8

The requesting counsel must state that he or she has spoken to the opposing counsel, and that9

opposing counsel has agreed to the continuance. The requesting counsel must also advise the10

clerk of the number of previous continuances of the motion or order to show cause. No11

continuance will be granted on the date set for hearing except upon appearance of counsel. 12

O nly two continuances will be granted based upon a13

stipulation of counsel. A request for a further continuance requires an appearance of counsel and14

a showing of good cause. Despite a stipulation of counsel, the court retains discretion to deny a15

requested continuance, rule on the merits of the pending proceeding, or take the matter off16

calendar.17

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(b ) Contested Continuances. Absent good cause, the court will not consider a contested26

application for a continuance, unless the requesting party tried to obtain a stipulation for a27

continuance at least two days prior to the hearing. 28




Rule 5.11 - EC - 9,14,11

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5.11 PREPARATION OF ORDERS AFTER HEARING1

Unless otherwise ordered by the court or required by the California Rules of Court,2

counsel for the moving party must prepare a written order within five court days following a3

hearing, submit it to opposing counsel, for approval as to form, and file it with the court. If the4

moving party’s counsel fails to prepare the order, or the opposing party’s counsel files objections5

to the proposed order within five court days of service, the opposing party’s counsel may prepare6

and submit the proposed order to the court with a proof of service on the moving party.7

If the counsel disagree on the form of the proposed order, either party may request the8

court rule on objections as to form, by letter, with the applicable portions of the hearing transcript9

attached. All orders after hearing must be filed in the department where the hearing was10

held.11

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Rule 5.11 - EC - 9,14,11

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Rule 5.11 - EC - 9,14,11

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Rule 5.22 - EC - 9,14,11

Page 1 of 1

5.22 MINOR'S CONTRACT PROCEDURE1

A petition for the confirmation of a minor's contract under Family2

Code section 6700 et seq. must be filed in Department 2. The contract for which confirmation is3

sought must be attached as an exhibit to the petition. The petition must be accompanied by a4

separately filed proposed order.5

A proposed order confirming a6

minor’s contract must direct petitioner, through his or her counsel, to file a declaration under7

penalty of perjury evidencing: (1) compliance with Family Code section 6752(b), and (2) that8

petitioner forwarded a copy of the order to the minor’s guardian ad litem with a cover letter9

which included the language under Family Code section 6752(b ).10

Department 2 has continuing jurisdiction over the petition11

and any funds blocked pursuant to court order until the funds are released. A petition to amend a12

prior order pursuant to Family Code section 6752(b)(7), or a petition for withdrawal of funds13

from blocked account pursuant to Family Code section 6752(d)(5), must be supported by14

adequate declarations setting forth the reason and necessity of the requested action.15

Applications for release of funds to the minor16

after reaching majority must be accompanied by proof that the minor has reached the age of17

eighteen or is emancipated. 18

The clerk will assess a fee for processing applications for release of funds from19

blocked minors accounts.20


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