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Local Rules LACS

The document outlines the local court rules for the Los Angeles Superior Court, including defining the principal divisions of the court such as civil, probate, family law, juvenile, and criminal. It also discusses filing procedures and locations for different types of cases as well as hours of operation and appearances.

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0% found this document useful (0 votes)
37 views

Local Rules LACS

The document outlines the local court rules for the Los Angeles Superior Court, including defining the principal divisions of the court such as civil, probate, family law, juvenile, and criminal. It also discusses filing procedures and locations for different types of cases as well as hours of operation and appearances.

Uploaded by

Simon Diaz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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LOS ANGELES SUPERIOR COURT LOCAL COURT RULES

GENERAL PROVISIONS
2.1 PRINCIPAL DIVISIONS OF THE COURT
Subject to the authority of the Presiding Judge to apportion the work of the court, the
following are the principal divisions of the court:
(a) Civil Division. All departments within the court designated by the Presiding Judge to
hear civil cases constitute the Civil Division of the Los Angeles Superior Court. Included within
the Civil Division are all small claims courts.
(b) Probate and Mental Health Division. All departments within the court designated by
the Presiding Judge to hear probate cases constitute the Probate Division of the Los Angeles
Superior Court. The mental health departments are included within the Probate Division.
(c) Family Law Division. All departments within the court designated by the Presiding
Judge to hear family law cases constitute the Family Law Division of the Los Angeles Superior
Court.
(d) Juvenile Division. All departments within the court designated by the Presiding Judge
to hear juvenile court cases constitute the Juvenile Division of the Los Angeles Superior Court.
(e) Criminal Division. All departments within the court designated by the Presiding Judge
to hear criminal cases constitute the Criminal Division of the Los Angeles Superior Court.
Included within the Criminal Division are all traffic courts.
(f) Appellate Division. The department designated by the Presiding Judge to hear appeals
and writ petitions in limited civil and criminal cases constitutes the Appellate Division of the Los
Angeles Superior Court.
(g) Authority of Supervising Judges. The Supervising Judge of each of the principal
divisions of the court is the head of that division. Subject to the approval of the Executive
Committee and the Presiding Judge, the Supervising Judge of each division has the authority to
establish uniform policy and procedures applicable to all courts in that division.
(h) Courts of Divisional and District Supervising Judges. Subject to the authority of the
Presiding Judge to assign judges to specific departments, the Supervising Judges of the principal
divisions of the court are assigned as follows:
(1) Civil Division Department 1, Central District
(2) Probate and Mental Health Division Department 79, Central District
(3) Family Law Division Department 2, Central District
(4) Juvenile Division Department 400, Central District
(5) Criminal Division Department 100, Central District
As provided for in Local Rule 1.7(m), the divisional Supervising Judges are members ex
officio of the court’s Executive Committee. Unless the Presiding Judge otherwise orders, district
Supervising Judges select the department within that district in which they will preside.
Unless the Presiding Judge or the district SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES Table of Contents Local Rules – Effective July 1, 2023 Page 2-2
Supervising Judge otherwise order, site judges select the department in the courthouse in which
they will preside.

2.14 EMERGENCY CLOSURE OF COURTHOUSE


If a courthouse is closed due to any emergency or government proclamation, all matters
calendared at that time will be heard on the next day that courthouse is open, unless otherwise
provided by order of the court.

2.15 HOLIDAYS
If any day on which an act required to be done by these rules or by court order falls on a
legal holiday, the act may be performed on the next succeeding court day.

2.16 HOURS OF COURT, APPEARANCES OF COUNSEL


(a) Hours. Sessions of departments will be from 8:30 a.m. to 12:00 noon and from 1:30
p.m. to 4:30 p.m. The Presiding Judge, by written order, may provide for a variance from these
hours. Default proceedings in family law and pretrial hearings assigned to civil trial departments
will be set for 8:30 a.m. For direct calendar courts, civil trials will commence after the calendar
call or 9:00 a.m., whichever is later, unless the court orders otherwise. For all other civil courts,
civil trials will commence by 9:00 a.m., unless the court orders otherwise.
(b) Opening of Sessions. Morning and afternoon sessions will be opened by the bailiff,
court attendant, or clerk. After a recess during a session, the bailiff, court attendant, or clerk will
call for order and state that the court is again in session.
(c) Conflicting Appearances; Precedence.
1) Except as otherwise expressly provided law or by the California Rules
of Court, where a counsel has conflicting court appearances, the following
priorities apply: (1) criminal jury trial; (2) civil jury trial; and (3) all other judicial
business. Participation by counsel in jury trials in criminal cases takes precedence
over all other judicial business. Participation by counsel in civil jury trials takes
precedence over all other judicial business except jury trials in criminal cases.
2) Between the hours of 9:30 a.m. and 12:00 noon and 1:30 p.m. and 4:30
p.m., no judge shall require counsel to appear who is engaged in a civil or
criminal jury trial elsewhere, except as previously agreed to by the judge before
whom counsel is presently engaged.
3) Counsel have an obligation to avoid scheduling conflicts where
possible. If counsel has two or more court appearances that conflict, he or she
must timely inform the courts involved.
4) For the purpose of this rule, motions made before jury selection has
commenced (such as motions for a continuance of a jury trial) will not be
considered a jury trial.

2.3 FILING AND TRANSFER OF ACTIONS


(a) Filing of Actions.
(1) Mandatory and Optional Filing.
(A) Mandatory Filing: Every unlimited civil tort action for bodily
injury, wrongful death, or damage to personal property (hereinafter referred
to as “Personal Injury Action”) must be filed in the Central District at the
Stanley Mosk Courthouse, or in the judicial district where the incident arose.
The filing court locator on the Los Angeles Superior Court website
(www.lacourt.org) should be used to determine the appropriate filing location. A
“Personal Injury Action” is an unlimited civil case described on the Civil
Case Cover Sheet Addendum and Statement of Location (LACIV 109) as
Motor Vehicle-Personal Injury/Property Damage/Wrongful Death; Personal
Injury/Property Damage/Wrongful Death-Uninsured Motorist; Product
Liability (other than asbestos or toxic/environmental); Medical Malpractice-
Physicians & Surgeons; Other Professional Health Care Malpractice;
Premises Liability; Intentional Bodily Injury/Property Damage/Wrongful
Death; or Other Personal Injury/Property Damage/Wrongful Death. An
action for intentional infliction of emotional distress, defamation, civil
rights/discrimination, or malpractice (other than medical malpractice), is not
included in this definition. An action for injury to real property is not included in
this definition. Every asbestos-related case must be filed in the Central District.
Every class action must be filed in the Central District. All Proceedings under the
Probate Code. All Conservatorship, Guardianship, Probate, and Trust proceedings
must be filed in the Central District except in the following cases which may be
filed in the North District: Conservatorship and Guardianship when the petitioner
or proposed conservatee/ward reside in the North District, Decedent’s Estates
when the decedent resided or the Petitioner resides in the North District, or Trust
where the trustee’s principal place of administration is the North District. Every
appeal under Labor Code section 98.2 must be filed in the district where the office
of the Labor Commissioner rendering the decision appealed from is located.
Every proceeding seeking a writ of prohibition or mandate (except as provided in
subsection (B) below) must be filed in the Central District. Every petition seeking
freedom from parental custody and control must be filed at the Edmund D.
Edelman Children’s Court. Every petition for adoption must be filed at the
Edmund D. Edelman Children’s Court. Every petition for consent to adoption
outside California must be filed at the Edmund D. Edelman Children’s Court.
(B) Optional Filing: Except as set forth in subsection (A) above,
(Mandatory Filing), or in subsection (C) (Northeast District), or (D) (Northwest
District) below, an unlimited civil or Family Code action may be filed in the
Central District or may be filed in a district other than the Central District, as
determined by the description of the case below, in the following cases: Civil
harassment, where one or more of the parties litigant reside, or in any district
necessary to ensure the safety of the requesting party; Contract, where
performance is required by an express provision or where defendant resides; Elder
or Dependent Adult Abuse restraining orders, when a general civil complaint has
not been filed, where one or more of the parties reside(s) or in any district
necessary to ensure the safety of the requesting party; Eminent domain or inverse
condemnation, where the property is located; Employment cases, where the
contract of employment was performed or where the employer resides or does
business; Family law (all matters under the Family Code), where one or more of
the parties litigant reside or in the case of restraining orders, in any district
SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES Page 19
of 214 Local Rules – Effective January 1, 2022 necessary to ensure the safety of
the requesting party (see also subsection (a)(1)(D) below); Forcible entry, where
the property is located; Gun violence restraining order, where one or more of the
parties reside(s) or in any district necessary to ensure the safety of the requesting
party; Habeas corpus, no prior or pending action, where the person is held;
Mandate, where the defendant functions wholly therein; Name change, where the
petitioner resides; Prohibition, where the defendant functions wholly therein; Real
property, where the property is located; Receivership, where the defendant
functions wholly therein; Review, where the defendant functions wholly therein;
Small claims appeal, where the original small claims court is located; Title to real
property, where the property is located; Tort, where the cause of action arose;
Transferred action, where the lower court is located; Unlawful detainer, where the
property is located.
(C) Northeast District: An unlimited civil action may not be filed in the
Northeast District. An unlimited civil action which could otherwise be properly
filed in the Northeast District or Central District as an optional filing under Rule
2.3(a)(1)(B) above, must be filed either in the North Central District or Central
District.
(D) Certain Family Law Matters in Northwest District: Family law
matters which under these rules could be filed in Central or the Northwest District
in the following zip codes must be filed in Central or the North Valley District:
91301, 91302, 91303, 91304, 91306, 91307, 91326, 91361, and 91367. This
subpart does not affect family law matters arising out of those portions of zip
codes 91301 and 91302 located within the West District.
(E) Civil Case Cover Sheet Addendum Required for All New Civil Case
Filings: In addition to the Civil Case Cover Sheet required by the California Rules
of Court, a civil action or proceeding presented for filing in any district, other than
electronically filed family law cases initiated by the district attorney, must be
accompanied by the Civil Case Cover Sheet Addendum and Statement of
Location (form LACIV 109), signed by counsel for plaintiff, or the plaintiff if he
or she is selfrepresented. A copy of the completed form must be served with the
summons and complaint or petition.
(2) Mandatory Filing of Small Claims, Limited Collections, Limited Unlawful
Detainer, and Other Limited Civil Actions.
(A) Small claims, collections, and unlawful detainer. Every small claims
action must be filed in one of the courthouses listed in Appendix 2.B. Every
limited collections case (as defined in California Rules of Court, rule 3.740) must
be filed in one of the courthouses listed in Appendix 2.C. Every limited unlawful
detainer case must be filed in one of courthouses listed in Appendix 2.D. The
location in which to file is determined according to the following method. First:
By determining what city or community contains the location that determines the
proper venue for the trial of the case as specified in Code of Civil Procedure
sections 392 through 395, 760.050 or 872.110, or in Civil Code sections 1812.10
or 2984.4. SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS
ANGELES Page 20 of 214 Local Rules – Effective January 1, 2022 Second: By
then determining the proper postal zip code that the United States Postal Service
has assigned to the location determining venue as described above. Third: 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 and community area that determines the
proper venue for trial. A case must be filed in, and will be assigned to, the
courthouse serving the zip code and community area that would be a proper place
for trial determined according to the foregoing method.
(B) Other limited civil actions. All other limited civil actions must be filed
in the Central District, Stanley Mosk Courthouse.
(3) Mandatory Filing of Criminal and Traffic Cases. Every indictment by the
Grand Jury must be filed in Department 100 in the Central District. Every criminal
complaint must be filed within the judicial district, as delineated on the Maps of Superior
Court Districts (Appendix 2.A), where the offense is alleged to have occurred. Within a
judicial district, criminal complaints must be filed at the courthouse handling criminal
matters which serves the city or unincorporated area where the offense is alleged to have
occurred. Where more than one offense is alleged to have been committed, and the
offenses were committed in different districts, the complaint may be filed in any district
where one of the offenses was allegedly committed. The Supervising Judge of the
Criminal Division, by written order, may require, and, upon a showing of good cause,
permit, a case or a class of cases to be filed in a district or at a courthouse other than in
accordance with this rule.
(b) Transfer of Actions to Another District.
(1) Whenever, in the opinion of the Presiding Judge, the calendar in any district,
including the Central District, has become so congested as to jeopardize the right of a
party to a speedy trial or to materially interfere with the proper handling of the judicial
business in the district, or for the convenience of witnesses or to otherwise promote the
ends of justice, he or she may order the transfer of one or more cases pending in that
district to another district, or may order that a case which by this Chapter is to be filed in
that district must be filed in a different district.
(2) The Supervising Judge of the Civil Division may, for the convenience of
witnesses or to promote the ends of justice, transfer a civil case from one district to
another. Except for proceedings concerning transfer of a Personal Injury Action, as
defined in subsection (a)(1)(A), motions to transfer a civil action from one district to
another, including motions based upon a failure to file the case in accordance with the
requirements set forth in this Chapter must be made in Department 1 in the Central
District. Proceedings concerning transfer of a Personal Injury Action shall be determined
in the Central District or in the North District in one of the departments designated to
hear those matters (“Personal Injury Court”).
(3) The Supervising Judge of the Criminal Division may, for the convenience of
witnesses or to promote the ends of justice, transfer a criminal case from one district to
another. Motions to transfer a criminal action from one district to another, including
motions based upon a failure to file the case in accordance with the requirements set forth
in this Chapter, must be made in Department 100 in the Central District.
(4) The Supervising Judge of the Family Law Division may, for the convenience
of witnesses or to promote the ends of justice, transfer a family law case from one district
to another. Motions to transfer a family law action from one district to another, including
motions based upon a SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS
ANGELES Page 21 of 214 Local Rules – Effective January 1, 2022 failure to file the
case in accordance with the requirements set forth in this Chapter, must be made in
Department 2 in the Central District.
(5) The Presiding Judge of the Juvenile Court may, for the convenience of
witnesses or to promote the ends of justice, transfer a juvenile case from one district to
another. Motions to transfer a juvenile case from one district to another, including
motions based upon a failure to file the case in accordance with the requirements set forth
in this Chapter, must be made in Department 400 in the Central District.
(6) The Supervising Judge of the Probate Division may, for the convenience of
witnesses or to promote the ends of justice, transfer a probate case between the Central
and North Districts, or provide that a probate or mental health proceeding be heard in a
district other than the Central District. Motions to transfer a probate case between the two
districts, including motions based upon a failure to file the case in accordance with the
requirements set forth in this Chapter must be made in Department 5 in the Central
District.

CHAPTER THREE
CIVIL DIVISION RULES
3.1 APPLICABILITY
This chapter applies to all civil limited and unlimited cases within the Civil Division of
the court. As used in this chapter, the term “counsel” includes self-represented litigants.
3.2 ASSIGNMENT OF CASES
The Supervising Judge, or his or her designee, shall decide whether the civil limited and
unlimited cases in a particular district will be assigned to a direct calendar, master calendar, or
Specialized Civil Court.
3.3 ASSIGNMENT OF DIRECT CALENDAR CASES
(a) Proportionate Assignment. A pro rata share of all cases filed in or transferred to any
district shall be assigned for all purposes to each judge assigned to hear direct calendar cases in
that district.
(b) Regulation of Case Assignment. The clerk must take all reasonably appropriate steps,
including a system of random use of case numbers, to ensure that neither any party nor any
counsel will be able to anticipate a case assignment. The name of the judge to whom the case is
assigned will be designated by the clerk on the summons and the complaint.
(c) Notice of Case Assignment. At the time that a civil case is filed, the clerk must
provide a Notice of Case Assignment, which must indicate the name of the judge to whom the
case has been assigned. Each plaintiff (and cross-complainant) must serve a copy of the notice,
with the complaint (and cross-complaint), and give notice of any date set for a case management
or status conference.
(d) Improper Refiling. A party must not dismiss and then refile a case for the purpose of
obtaining a different judge. Whenever a case is dismissed by a party or by the court prior to
judgment and a new action is later filed containing the same or essentially the same claims and
the same or essentially the same parties, the new action will be assigned, unless the Supervising
Judge for good cause orders otherwise, to the judge to whom the first case had been assigned.
When multiple cases involving the same or essentially the same claims, and the same or
essentially the same parties, are filed on the same date, the cases shall be assigned to the judge to
whom the low numbered case (or first filed case) has been assigned, whether or not that case has
been dismissed.
(e) Duty of Counsel. Every counsel in the second action referred to in subdivision (d)
above must immediately bring the fact of the dismissal and refiling to the attention of the court.
Counsel for plaintiff or cross-complainant (if the earlier action is renewed in a cross-complaint)
must do so at the time that pleading is filed. Counsel for all other parties must do so upon their
first appearance, or as soon thereafter as they discover the facts. The notice must be given in a
“Notice of Related Case” as provided in California Rules of Court, rule 3.300. SUPERIOR
COURT OF CALIFORNIA COUNTY OF LOS ANGELES Page 44 of 214 Local Rules –
Effective January 1, 2022
(f) Related Cases. (Cal. Rules of Court, rule 3.300.) (1) Where one of the cases listed in a
Notice of Related Cases has been assigned to a Complex Litigation department, the judge in the
Complex Litigation department shall determine whether the cases will be ordered related and
assigned to the Complex Litigation department; (2) Where the cases listed in a Notice of Related
Cases contains a probate or family law case, Department 1 shall determine whether the cases
shall be ordered related and, if so, to which department they shall be assigned if the cases are all
pending in the Central District or pending in two different districts. If the cases are all pending in
one district that is other than the Central District, the Supervising Judge of that district shall
determine whether the cases shall be ordered related and, if so, to which department they shall be
assigned. In addition to filing the Notice of Related Cases in the departments of all pending
cases, a copy of the Notice of Related Cases must be filed in Department 1 for matters to be
determined in Department 1, and in the courtroom of the Supervising Judge of a district if the
matter is to be determined by the Supervising Judge of that district; (3) In the event that the judge
designated under California Rules of Court, rule 3.300(h)(1)(A)(B)(C) to make the decision,
does not order related any of the cases set forth in the Notice of Related Cases, any party may
file a motion to have the cases related. Department 1 shall hear the motion, if the cases are all
pending in the Central District or are pending in two or more different districts. If the cases are
all pending in one district that is other than the Central District, the motion shall be heard by the
Supervising Judge of that district. The motion must be served on each party in every case listed
in the Notice of Related Cases, with proof of service attached; and (4) Complex cases. Under
California Rules of Court, rule 3.300(h)(3), the provisions in (3) of this subdivision do not apply
in cases that have been designated as complex by the parties or determined to be complex by the
court.
(g) Consolidation of Cases.
(1) Cases may not be consolidated unless they are in the same department. A
motion to consolidate two or more cases may be noticed and heard after the cases,
initially filed in different departments, have been related into a single department, or if
the cases were already assigned to that department.
(2) Upon consolidation of cases, the first filed case will be the lead case, unless
otherwise ordered by the court. After consolidation, all future papers to be filed in the
consolidated case must be filed only in the case designated as the lead case.
(3) Before consolidation of a limited case with an unlimited case, the limited case
must be reclassified as an unlimited case and the reclassification fee paid.
(h) Coordination of Non-Complex Cases. A civil case which is not complex as defined by
Standard 3.10 of the Standards of Judicial Administration may be transferred to the court from a
superior court in another county, if it involves a common question of fact or law within the
meaning of Code of Civil Procedure section 403. The coordination motion shall be made in
compliance with the procedures established by California Rules of Court, rule 3.500.
Coordination motions seeking to transfer a case or cases to the Central District shall be filed and
heard in Department 1. Coordination motions seeking to transfer a case or cases to a district
other than the Central District shall be heard by the Supervising Judge in that district.
(i) Assignment for All Purposes. Cases are assigned for all purposes, including trial.
Except as the Presiding Judge may otherwise direct, each judge shall schedule, hear and decide
all matters for each case assigned. SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS
ANGELES Page 45 of 214 Local Rules – Effective January 1, 2022
(j) Effect of Judge Unavailability. Whenever a judge is unavailable to perform his or her
duties, the cases previously assigned to that judge shall be reassigned to another judge as the
Supervising Judge determines.
(k) Complex Litigation.
(1) The Complex Litigation Program of the Los Angeles Superior Court will
consist of the departments designated by order of the Presiding Judge. Complex cases
must be filed in the districts designated according to Local Rule 2.3. Complex cases must
be designated or counterdesignated in the civil cover sheet as provided by California
Rules of Court, rules 3.401-3.402.
(2) Except as provided in subsection (8) below concerning class actions, the
Assistant Supervising Judge, Civil/Complex, (or his or her designee) (collectively,
“Assistant Supervising Judge Civil/Complex”) will review all cases in which a
plaintiff/petitioner or a defendant/respondent has designated or counter-designated the
case as complex and all cases that are designated on the civil cover sheet as
“provisionally” complex (see California Rules of Court, rule 3.400(c)). This review will
be conducted as soon as feasible after the case is filed, but before the case is assigned to a
judge. The Assistant Supervising Judge, Civil/Complex will determine (with or without a
hearing) whether to designate the case as complex pursuant to California Rules of Court,
rule 3.403. If the matter is designated as complex and if any party has not yet paid the
complex case fee required by Government Code section 70616(a), the court shall order
payment of that fee. If the case is designated complex, the Assistant Supervising Judge,
Civil/Complex will assign the case to a judge in the Complex Litigation Program. If the
case is not designated complex, the Supervising Judge, Civil will assign the case.
(3) The judge who manages the complex case should do so with due consideration
of Standard 3.10 of the Judicial Administration Standards and the case management
concepts set forth in the Deskbook on Complex Civil Litigation published by the Judicial
Council of California.
(4) If a party wishes to seek a designation that a case is a complex case, the party
may seek to transfer the case to the Complex Litigation Program in the following manner.
The party must complete the Complex Civil Case Questionnaire designated by the
Assistant Supervising Judge, Civil/Complex. The Questionnaire must be filed in the court
in which the case is pending. A courtesy copy of the Questionnaire must be provided to
the Assistant Supervising Judge, Civil/Complex, who shall determine, with or without a
hearing, but with notice to the assigned judge, whether the case should be assigned to the
Complex Litigation Program in light of the caseload of the Program, the relative
complexity of the case compared with cases then assigned to the Program, and the length
of time the case has been pending.
(5) Nothing in this rule will be construed to alter the continuing power of a judge
assigned to a case to decide at a later date that the case is complex or that a case
previously declared to be complex is not. (See Cal. Rules of Court, rule 3.403(b).)
(6) If the judge to whom a case is assigned determines that a case is a complex
case, the judge may seek to transfer the case to the Complex Litigation Program in the
following manner. The judge or the party, on order of the court, shall complete the
Complex Civil Case Questionnaire designated by the Assistant Supervising Judge,
Civil/Complex. The Questionnaire must be filed in the court in which the case is pending.
A courtesy copy of the Questionnaire must be provided to the Assistant Supervising
Judge, Civil/Complex, who shall determine, with or without a hearing, but with notice to
the assigned judge, whether the case should be assigned to the Complex Litigation
Program in light of the caseload of the Program, the relative complexity of the case
compared with cases then assigned to the Program, and the length of time the case has
been pending. SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES
Page 46 of 214 Local Rules – Effective January 1, 2022
(7) A decision by the assigned judge to deem the case complex does not cause the
case to transfer into the Complex Litigation Program. Only the Assistant Supervising
Judge, Civil/Complex decides if a case will transfer into the Complex Litigation Program.
(8) Recognizing that class actions are defined as provisionally complex pursuant
to California Rules of Court, rule 3.400(c), considering the factors which make a case
complex enumerated in California Rules of Court, rule 3.400(b), and consistent with the
policy to determine as soon as reasonably practicable whether a case is complex under
California Rules of Court, rule 3.403, all class actions are presumed to be complex and at
filing are assigned to the Complex Litigation Program of the court. Pursuant to
Government Code Section 70616(a), the complex case fee and first appearance fee must
be paid at the time of the filing of the first paper in a class action proceeding. If class
action claims are added to the case after the original filing of the complaint, and a party
wants the case transferred to the Complex Litigation Program, the party must follow the
procedure provided in subsection (4).
GENERAL PROVISION
3.4 ELECTRONIC FILING
(a) Mandatory Electronic Filing. Pursuant to the operative General Order re Mandatory
Electronic Filing for Civil (“General Order”), represented parties in civil actions must file
documents electronically, unless the court exempts parties from doing so. The electronic filing of
documents must be effected using an approved electronic service provider. Electronic service
provider information is available on the court’s website at www.lacourt.org.
(b) Exemptions from Mandatory Electronic Filing. Self-represented litigants are exempt
from mandatory electronic filing requirements. Although not required, self-represented litigants
are encouraged to participate in electronic filing and service. In addition, represented parties may
apply for exemption from electronic filing requirements as set forth in the operative General
Order.
(c) Timing for Electronic Filing. Any document received electronically before midnight
on a court day is deemed to have been filed on that court day if accepted for filing. Any
document received on a non-court day is deemed to have been filed on the next court day if
accepted for filing. (Cal. Rules of Court, rule 2.253(b)(6); Code Civ. Proc., § 1010.6(b)(3).) This
Rule does not affect the timing requirements for any documents that must be filed by a
designated time on the due date.
(d) Timing for Exempted Filing. All filings exempt from mandatory filing requirements
under subdivision (b) must be filed at the clerk’s filing window no later than 4:30 p.m. The
clerk’s office will open to the public at 8:30 a.m. for filing documents and other official public
services, and close at 4:30 p.m. each court day. Except as directed by the court, the clerk may not
allow the public to enter the offices for the purpose of filing papers or obtaining other official
services after 4:30 p.m. Persons in the clerk’s office at 4:30 p.m. may complete their filing.
(e) Lodged Materials. All separate exhibits (i.e., deposition transcripts, bulky items, etc.)
not attached to filed papers and presented for motions and trials must be lodged with the court in
time for the hearing, or at such other time as the court orders. All lodged exhibits will be returned
to counsel for preservation after the hearing unless ordered by the court. A party must either
submit a selfaddressed stamped envelope with lodged material, or submit an attorney-service
pick-up slip where the attorney service has been instructed by counsel to pick up the lodged
material without reminder from the clerk.
(f) Time for Filing of Ex Parte Applications. Ex parte applications subject to mandatory
electronic filing must be filed pursuant to the timing set forth in all operative General Orders. In
the Central District, if a party is exempt from electronic filing, ex parte application papers for all
limited civil matters, including unlawful detainer matters, must be filed at the first floor filing
window at the Stanley Mosk Courthouse, and fees paid, by 11:00 a.m.
3.5 TIME FOR HEARINGS
Time of Hearing. In the Central District, except as stated below, unlimited civil law and
motion matters, including ex parte applications, will be heard by the Direct Calendar, Specialized
Civil Court, and Master Calendar Court judges in their respective departments at 8:30 a.m. each
day.
(a) Writs and Receivers Departments. Noticed motions and other noticed proceedings are
heard in Departments 82, 85, and 86 (“writs and receivers departments”) on the following
calendar days and times: (a) Department 82 (Tuesday 8:30 a.m. and Thursday 1:30 p.m.), (b)
Department 85 (Tuesday 1:30 p.m. and Thursday 8:30 a.m.) and (c) Department 86 (Wednesday
8:30 am. and Friday 1:30 p.m.) Ex parte applications are heard daily in the writs and receivers
departments at 8:30 a.m.
(b) Limited Unlawful Detainers and Limited Civil. Ex parte applications are heard at 1:30
p.m.
(c) Supplemental and Miscellaneous Proceedings in the Central District. To determine the
days, times, and places for supplemental and miscellaneous proceedings in the Central District,
counsel should check the court’s website at www.lacourt.org.
(d) Districts Other Than Central District. To determine the days, times, and places for
matters heard in districts other than the Central District, counsel should consult with the office of
the supervising judge of the district.
3.7 EVIDENCE AT HEARING
Oral testimony is not allowed without court permission. A party seeking permission to
introduce oral evidence must file the statement required by California Rules of Court, rule
3.1306, and must include in the statement the reason why the evidence cannot be presented by
declaration.
3.10 SANCTIONS
The court may impose appropriate sanctions for the failure or refusal to comply with the
rules in this chapter, including the time standards and/or deadlines, and any court order made
pursuant to the rules. Counsel are directed to Code of Civil Procedure sections 128, 128.7, 177.5,
575.2, 583.150, 583.430, 2016.010-2036.050, Government Code section 68608, and California
Rules of Court, rule 2.30. The sanctions may be imposed on a party and, if appropriate, on
counsel for that party.
3.11 CONTEMPT
A direct contempt committed in the immediate view and presence of the judge in court or
in chambers will be handled by the judge before whom the contempt occurs. Indirect contempts
may be heard in the department to which the case is assigned or, if the department cannot hear
the contempt SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES Page 49 of
214 Local Rules – Effective January 1, 2022 and transfer is required by law, that court may
transfer the contempt proceeding to (1) the appropriate writs and receivers department, if it is a
Central District case, or (2) the supervising judge of the district, if it is a case filed in another
district.
(a) Order to Show Cause. Although Code of Civil Procedure section 1212 permits a
warrant of attachment against the person charged with contempt, the standard procedure is
section 1212's alternative method of issuance of an order to show cause (“OSC”) re: contempt.
An OSC will issue if the affidavit is sufficient, and the OSC must then be personally served on
the accused person. The OSC may issue upon ex parte application, but only if the requesting
party has complied with the notification requirements of California Rules of Court, rule 3.1204.
If the accused person is served with the OSC and fails to appear, the court may issue a body
attachment.
(b) Trial. The hearing on the OSC re: contempt is in the nature of a quasi-criminal trial.
The accused person has the right to appointed counsel, to remain silent, to confront and cross-
examine witnesses, and to be proven guilty beyond a reasonable doubt. The only major
difference between contempt and a criminal trial is that the accused person has no right to a jury.
The moving party must appear for the trial with witnesses prepared to testify unless the accused
person stipulates in writing that the moving party’s declarations will constitute the case-in-chief
against him or her. If there is no stipulation, the parties should stipulate that the moving parties’
declarations will constitute the direct testimony of each declarant, with the declarant then subject
to cross-examination.
(c) Punishment. If the court finds the accused person guilty, the court may impose a fine
of up to $1,000, imprison the person for up to five days, or both, for each act of contempt. (Code
Civ. Proc., § 1218.) When the contempt consists of the omission to perform an act which is yet in
the power of the person to perform, the court may order that the person be imprisoned until the
act is performed.

CASE MANAGEMENT AND DISPOSITION

3.22 CASE REMOVED TO FEDERAL COURT


If a case is removed to federal court, the court will order a date, not earlier than 90 days
from the date of removal, by which counsel must file a Notice of Status of Removed Case. If the
case has not remanded to the trial court by that time, it will be recorded as completed without the
need to conduct a further status conference.
3.23 EXEMPTION FROM CASE MANAGEMENT RULES
Pursuant to California Rules of Court, rule 3.720(b), all limited civil cases and all
Personal Injury Actions (as defined in Rule 2.3(a)(1)(A)) are exempted from the case
management rules of Title 3, Division 7, Chapter 3 of the California Rules of Court. The court
will set trial dates and make other case management orders, including orders concerning
compliance with Code of Civil Procedure sections 1141.10 et seq. and 1775 et seq. (concerning
mandatory judicial arbitration and mediation in unlimited civil cases in which the amount in
controversy does not exceed $50,000), by issuing orders in individual cases subject to this
exemption.
A “Personal Injury Action” is an unlimited civil case described on the Civil Case Cover
Sheet Addendum and Statement of Location (LACIV 109) as Motor Vehicle-Personal
Injury/Property Damage/Wrongful Death; Personal Injury/Property Damage/Wrongful Death-
Uninsured Motorist; Product Liability (other than asbestos or toxic/environmental); Medical
Malpractice-Physicians & Surgeons; Other Professional Health Care Malpractice; Premises
Liability; Intentional Bodily Injury/Property Damage/Wrongful Death; or Other Personal
Injury/Property Damage/Wrongful Death. An action for intentional infliction of emotional
distress, defamation, civil rights/discrimination, or malpractice (other than medical malpractice),
is not included in this definition. An action for injury to real property is not included in this
definition.
3.24 CASE MANAGEMENT
(a) Purpose. The court adopts the following rules concerning case management for all
civil cases pursuant to California Rules of Court, rule 3.-711, and to advance the goals of
Government Code section 68603 and Standard 2.1 of the Standards of Judicial Administration.
(b) Cases Exempted. The following civil matters are not subject to case management
conference or review: (1) limited civil cases and all Personal Injury Actions (see Local Rule
3.23); (2) small claims matters; (3) matters assigned for all purposes based on subject matter
(e.g., mandamus, name change petitions, civil harassment petitions); (4) cases stayed because of
a bankruptcy, an installment settlement, or having been removed to federal court; (5) uninsured
motorist cases for 180 days after filing; (6) "collections cases" (defined as an action for the
recovery of not more than $25,000 of money owed in a sum stated to be certain arising from a
credit transaction) where there has been no responsive pleading filed under California Rules of
Court, rule 3.712(d); and (7) cases coordinated by a petition for coordination under California
Rules of Court, rule 3.501 et seq. (Cal. Rules of Court, rule 3.721; Gov. Code., § 68608(a).)
An “Uninsured Motorist Case” is a civil action for damages filed against a defendant who
is an uninsured motorist where the plaintiff’s claim is subject to an arbitration provision as
defined by Government Code section 68609.5 and Insurance Code section 11580.2. Plaintiff
must identify the case as “Uninsured Motorist” by so stating on the face of the complaint or by
filing a subsequent “Notice of Uninsured Motorist Designation” as soon as that fact becomes
known. The case management rules shall apply to Uninsured Motorist Cases 180 days after
filing. (Cal. Rules of Court, rule 3.712.)
(c) Differentiation of Cases to Achieve Goals (Cal. Rules of Court, rule 3.714).
(1) Evaluation and Assignment. At the first status conference or at an earlier time
deemed appropriate by the court, the court shall evaluate the case as provided in
subdivision (d) below. After evaluation, the court shall assign the case to one of the three
case-management plans in subdivision (c)(2) or exempt the case under subdivision (c)(3)
from the case-disposition time goals SUPERIOR COURT OF CALIFORNIA COUNTY
OF LOS ANGELES Page 51 of 214 Local Rules – Effective January 1, 2022 provided in
California Rules of Court, rule 3.714(b), and Standard 2.2 of the Judicial Administration
Standards. The court may modify the assigned case-management plan at any time for
good cause shown.
(2) Case-management plans. The plans for disposition of civil cases from the date
of filing are as follows:
(a) Plan 1, disposition within 12 months;
(b) Plan 2, disposition within 18 months; and
(c) Plan 3, disposition within 24 months.
(3) Exceptional cases. The court may, in the interest of justice, exempt a civil case
from the case-disposition time goals if it finds the case involves exceptional
circumstances that will prevent the court and the parties from meeting the goals and
deadlines imposed by the program. In making the determination, the court shall be guided
by subdivision (d) below. If the court exempts the case from the case-disposition time
goals, the court shall establish a case-progression plan and monitor the case to ensure
timely disposition consistent with the exceptional circumstances, with a goal for
disposition within three years.
(d) Case Evaluation Factors (Cal. Rules of Court, rule 3.715). In setting or exempting a
case from a case disposition time goal, the court shall estimate the maximum time that will
reasonably be required to dispose of the case in a just and effective manner. The court shall
consider the following factors and any other information the court deems relevant, understanding
that no one factor or set of factors controls and that cases may have unique characteristics
incapable of precise definition:
(1) Type and subject matter of the action;
(2) Number of causes of action or affirmative defenses alleged;
(3) Number of parties with separate interests;
(4) Number of cross-complaints and the subject matter;
(5) Complexity of issues, including issues of first impression;
(6) Difficulty in identifying, locating, and serving parties;
(7) Nature and extent of discovery anticipated;
(8) Number and location of percipient and expert witnesses;
(9) Estimated length of trial;
(10) Whether some or all issues can be arbitrated;
(11) Statutory priority for the issues;
(12) Likelihood of review by writ or appeal;
(13) Amount in controversy and the type of remedy sought, including measure of
damages;
(14) Pendency of other actions or proceedings which may affect the case;
(15) Nature and extent of law and motion proceedings anticipated;
(16) Nature and extent of the injuries and damages;
(17) Pendency of under-insured claims; and
(18) Any other factor that would affect the time for disposition of the case.
3.25 CASE MANAGEMENT CONFERENCE
(a) Case Management Conference/Review.
(1) Except for cases exempt under Rule 3.24(b), in all unlimited civil cases, the
case management conference shall be held not later than 180 days after the complaint is
filed. At the case SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES
Page 52 of 214 Local Rules – Effective January 1, 2022 management conference, counsel
must appear and be fully prepared to discuss, and the court may make orders concerning,
the matters set forth in California Rules of Court, rule 3.727.
(2) After the case management conference or review, the court must enter a case
management order in accordance with California Rules of Court, rule 3.728.
(b) Conduct of Case Management Conference.
(1) Unless the court orders another time period, no later than 30 calendar days
before the date set for the case management conference, counsel must meet and confer, in
person or by telephone, to consider each of the issues identified in California Rules of
Court, rules 3.724 and 3.727.
(2) No later than 15 calendar days before the date set for the case management
conference, each party must file a case management statement using Judicial Council
Form CM-110, and serve it on all parties in the case. (Cal. Rules of Court, rule 3.725.)
(c) Setting the Trial Date. In setting a trial date, the court shall be guided by the case
disposition time goals set forth in Local Rule 3.23 and California Rules of Court, rule 3.714, and
shall apply the relevant facts and circumstances set forth in California Rules of Court, rule 3.729.
There will be no delay in setting a case for trial because counsel have delayed conducting
discovery or otherwise delayed processing the case.
(d) Settlement Conference. The court may set a settlement conference on its own motion
or at the request of any party.
(1) Attendance. Unless expressly excused for good cause by the judge, all persons
whose consent is required to effect a binding settlement must be personally present at a
scheduled settlement conference, including the following: (1) the parties (unless consent
of a party is not required for settlement); (2) an authorized representative of any
insurance company which has coverage, or has coverage at issue, in the case; and (3) an
authorized representative of a corporation or other business or government entity which is
a party. These persons must have full authority to negotiate and make decisions on
settlement of the case.
(2) Excuse From Attendance. A request to be excused from attending the
settlement conference made by a person who is required to personally attend must be
made by written stipulation of the parties or an ex parte application made in compliance
with Local Rule 3.5. A person excused by the court must be available for telephone
communication with counsel and the court at the time set for the settlement conference.
(3) Familiarity with Case. Counsel must attend the settlement conference and be
familiar with the pertinent available evidence involving both liability and damages.
Counsel must be prepared to discuss the case in depth and, except for good cause shown,
must be the person who will try the case.
(4) Liens. Plaintiff’s counsel must ascertain whether there are liens which bear on
a potential settlement and, if so, request the claimants or their representatives to attend
the settlement conference or be available for telephone communication during the
conference.
(e) Written Statements for Settlement Conferences. Each party must submit to the court
and serve all other parties a written statement no later than five court days before the conference.
The written statement must contain a concise statement of the material facts of the case and the
factual and legal contentions in dispute. The statement must identify all parties and their
capacities in the action and contain citations of authorities which support legal propositions
important to resolution of the case. The written statement of a party claiming damages must list
all special damages claimed, including all expenses incurred up to the time of the settlement
conference, state any amounts claimed as general and punitive damages, and provide a total
amount of damages claimed. The written statement must also include the general status of the
case, including settlement offers. SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS
ANGELES Page 53 of 214 Local Rules – Effective January 1, 2022 The written statement must
be submitted directly to the courtroom in which the settlement conference is calendared and not
sent to the clerk’s office. The written statements will not be filed; they are only used at the
settlement conference and will be returned to counsel or destroyed at the conclusion of the
conference.
(f) Final Trial Preparation. Counsel must attend a final status conference, which the court
will set not more than ten days prior to the trial date. The direct calendar judge will hold the final
status conference in a direct calendar case. The final status conference in a master calendar
assigned case will be held in a department designated by the master calendar court.
(1) At least five days prior to the final status conference, counsel must serve and
file lists of pre-marked exhibits to be used at trial (Local Rules 3.151, 3.53, and 3.149),
jury instruction requests, trial witness lists, and a proposed short statement of the case to
be read to the jury panel explaining the case. Failure to exchange and file these items may
result in not being able to call witnesses, present exhibits at trial, or have a jury trial. If
trial does not commence within 30 days of the set trial date, a party has the right to
request a modification of any final status conference order or any previously submitted
required exchange list.
(2) In a direct calendar case, the parties must file and serve any trial preparation
motions and dispositive motions, other than summary judgment motions, including
motions in limine or bifurcation motion, with timely statutory notice so as to be heard on
the day of the final status conference. Unless the court orders otherwise, lead trial counsel
must attend the final status conference. At this conference, the court will also consider,
inter alia, major evidentiary issues and special verdict issues.
(3) In a master calendar assigned case, the parties must file and serve trial
preparation motions and dispositive motions at least five days before the final status
conference, which shall be heard on the first day of trial.
(4) At the final status conference, the court will consider severing for trial all
unserved or recently served fictitiously named parties.
(g) Discretionary Final Status Conference Preparation Orders. Nothing in this rule
precludes the court, in its discretion and pursuant to the case differentiation principles of case
management (Cal. Rules of Court, rule 3.710 et seq.), from ordering different trial preparation
procedures, including the following:
(1) A final status conference held more than ten days before the trial date;
(2) An “in person” meeting of counsel before the final status conference
concerning the submission to the court of joint trial documents;
(3) The submission of trial documents to the court more than five days before the
final status conference;
(4) A joint statement to be read to the jury;
(5) A joint witness list;
(6) A joint exhibit list;
(7) A set of agreed jury instructions (and, if necessary, a separate set of
instructions to which there is disagreement), in the proper format with all changes and
modifications applicable to the case in accordance with California Rules of Court, rule
2.1055, (i.e., correct references to the parties, no blanks, brackets, empty spaces or
inapplicable options); and
(8) An agreed special verdict form with interrogatories.
(h) Reasonable Trial Time Estimate. Counsel must provide the court with reasonable and
accurate time estimates for trial. If the time estimate of either party is exceeded, the court may, in
its SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES Page 54 of 214 Local
Rules – Effective January 1, 2022 discretion, deem one or both parties to have rested, deem the
matter submitted, continue the trial to a new trial date, or declare a mistrial.

CIVIL TRIAL PROCEDURE

3.37 ENFORCEMENT AND SANCTIONS


The following rules concerning the conduct of trial (Local Rules 3.37 through 3.193)
apply to all direct calendar and master calendar assigned civil cases. In the discretion of the trial
judge, the civil trial rules may be applied differently in a particular case or not at all. The rules
are not intended to infringe on the discretion of the trial judge in the conduct of trial proceedings.
Counsel must be thoroughly familiar with these civil trial rules. The court may impose
appropriate sanctions for a failure by a party or counsel to comply with these rules, including
dismissal, striking of pleadings, vacation of trial date, and monetary sanctions in the amount of
costs and actual expenses, including reasonable attorneys’ fees incurred by other parties.
Monetary sanctions payable to the court also may be imposed against a party, the party's
attorney, or a witness.

GENERAL COURTROOM DECORUM

3.47 MULTIPLE COUNSEL – MOTIONS


In the absence of permission by the court, only one attorney for a party may present oral
argument on a motion, application, or issue. Upon the request of a party, the court may, in its
discretion, allow more than one attorney per party to argue. In making the request, counsel may
present the issue of providing an opportunity for a less experienced attorney.

PRETRIAL PREPARATION AND RULINGS


3.48 TRIAL CONFERENCE
Before a panel of prospective jurors is summoned, the trial judge will determine if a jury
trial has been properly demanded, with fees timely posted, and if a jury will be waived. If trial is
by jury, the trial judge may determine the following items:
(a) Voir Dire Examination. The areas of proposed voir dire interrogation to be directed to
prospective jurors and whether there is any contention that the case is one of "unusual
circumstances" or contains "unique or complex elements, legal or factual" within the meaning of
Standards of Judicial Administration, Standard 3.25, such that usually improper voir dire
questions may be asked or limited preinstruction concerning the law may be appropriate.
The trial judge will normally follow the voir dire procedures and utilize the questions, or
those substantially similar set forth in Standards of Judicial Administration, Standard 3.25;
SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES Page 56 of 214 Local
Rules – Effective January 1, 2022
(b) Statement of Case Read to Jury Panel. The text of a brief statement of the case
suitable to be read by the trial judge to the panel of prospective jurors (see Local Rule 3.25(f));
(c) Fewer Than Twelve Jurors. Whether a stipulation may be reached to the effect that
fewer than 12 jurors may sit in the case;
(d) Number of Alternate Jurors. The number of alternate jurors, if any, to be selected;
(e) Stipulation to Excuse Jurors. Whether a stipulation may be reached to excuse jurors
who express a desire not to sit because of potential length of the trial; and
(f) Determination of Sides and Allocation of Peremptory Challenges. In multiple party
cases, whether there are issues as to the number of "sides" and allocation of peremptory
challenges within the meaning of Code of Civil Procedure section 231 and, if so, whether a
stipulation may be reached on that issue.
3.49 STIPULATIONS
(a) Request For Stipulation. At the pretrial conference the trial judge may request counsel
to stipulate in writing that:
(1) unless called to the attention of the court, all jurors will be deemed to be in the jury
box and in their proper places upon court reconvening after each recess or adjournment;
(2) after having given the admonition required by Code of Civil Procedure section 611,
the court at each subsequent recess or adjournment need not repeat or remind the jury of the
admonition theretofore given;
(3) in the absence of any counsel the court may:
(A) upon the request of the jury, read to the jury any or all instructions previously
given;
(B) have read to the jury, at its request, any portions of the evidence given in the
trial and may supply the jury, on its request, with any of the exhibits received in evidence;
(C) call the jury into the courtroom to ascertain whether or not a verdict is
probable, to receive the verdict of the jury and poll the jury; and
(D) in the event of the failure of the jury to reach a verdict, permit the jurors to
separate and resume their deliberations on the morning of the next court day or such other
time as may be fixed by the court.
(b) Other Judge Acting after Submission. In the absence of the trial judge after the
original submission of the case to the jury, any judge of this court may act in place of the absent
trial judge to and including the time of discharge of the jury; and
(c) Stay of Execution. In the event of a judgment in favor of the plaintiff, a stay of
execution may be issued to be effective for a period of ten days after determination of a motion
for a new trial or until ten days after expiration of the time to file notice of intention to move for
a new trial.
3.50 REQUESTS FOR JUDGE TO ASK SPECIFIC QUESTIONS
A party requesting the trial judge to voir dire the prospective jurors with questions that
are not set forth in Standards of Judicial Administration, Standard 3.25(c), must prepare and
submit to the court those proposed questions in writing and serve a copy on the other parties.
3.51 PERSONS WITH DISABILITIES
In addition to complying with all applicable laws relating to accessibility, the court may
confer with counsel concerning how courtroom facilities and procedures may further reasonably
accommodate disabled trial participants.
3.52 MARKING OF EXHIBITS
All exhibits must be exchanged and pre-numbered, except for those anticipated in good
faith to be used for impeachment. All exhibits must be pre-numbered before any reference
thereto by counsel or a witness.
3.53 UNIFORM METHOD OF MARKING EXHIBITS
The most efficient method of marking exhibits is the use of arabic numerals in which
each party is allocated a block of numbers to be used sequentially. For instance, plaintiff may be
allocated numbers 1 to 200, the first defendant numbers 201 to 400, and the second defendant
numbers 401 to 600. Documentary exhibits consisting of more than one page must be internally
paginated in sequential numerical order to facilitate reference to the document during
interrogation of witnesses.
3.54 DOCUMENTS PRODUCED THROUGH A NONPARTY
If a party proposes to obtain documents in the custody of a nonparty, as by a subpoena
duces tecum, and those documents may be produced by certification or otherwise in lieu of
personal appearance by a witness custodian, the request for those documents must specify that
they be delivered not later than the first day for which the trial is calendared.
3.55 LIST OF CHANGES IN DEPOSITION
If any changes are made in a deposition by the deponent after the taking of the
deposition, counsel for a party deponent or in the case of a non-party deponent, the counsel who
requested the taking of the deposition, must prepare and submit to all other counsel in the case a
list of such changes, including the page and line numbers thereof.

3.56 SIGNING, CERTIFICATION AND LODGING OF DEPOSITIONS


Unless the signing of a deposition is waived, or certification by the deposition officer is
obtained pursuant to Code of Civil Procedure section 2025.540, all depositions must be signed
and lodged with the clerk of the trial court before the commencement of trial.
3.57 MOTIONS IN LIMINE
(a) Required Declaration. Motions made for the purpose of precluding the mention or
display of inadmissible and prejudicial matter in the presence of the jury must be accompanied
by a declaration that includes the following:
(1) Specific identification of the matter alleged to be inadmissible and prejudicial;
(2) A representation to the court that the subject of the motion has been discussed
with opposing counsel, and that opposing counsel has either indicated that such matter
will be mentioned or displayed in the presence of the jury before it is admitted in
evidence or that counsel has refused to stipulate that such matter will not be mentioned or
displayed in the presence of the jury unless and until it is admitted in evidence;
(3) A statement of the specific prejudice that will be suffered by the moving party
if the motion is not granted; and
(4) If the motion seeks to make binding an answer given in response to discovery,
the declaration must set forth the question and the answer and state why the use of the
answer for impeachment will not adequately protect the moving party against prejudice in
the event that evidence inconsistent with the answer is offered.
(b) Summary Adjudication Improper. A motion in limine may not be used for the purpose
of seeking summary judgment or the summary adjudication of an issue or issues. Those motions
may only be made in compliance with Code of Civil Procedure section 437c and applicable court
rules.
(c) Bifurcation of Issues Improper. A motion in limine may not be used for the purpose of
seeking an order to try an issue before the trial of another issue or issues. That motion may only
be made in compliance with Code of Civil Procedure section 598.
(d) Timing of Ruling. The court may defer ruling upon a motion in limine, and may order
that no mention or display of the matter that is the subject of the motion be made in the presence
of the jury unless and until the court orders otherwise.
(e) Compliance with Order Granting Motion in Limine. If the motion in limine is granted,
it is the duty of counsel to instruct associates, clients, witnesses, and other persons under their
control that no mention or display be made in the presence of the jury of the matter that is the
subject of the motion. Without prior leave of court, counsel must not ask a question that: (1)
suggest or reveals evidence that was excluded, or (2) reasonably may be anticipated to elicit
testimony that was excluded.

TRIAL DECORUM AND OPENING STATEMENTS

3.99 MOTIONS
Motions for judgment on the pleadings, directed verdict, and mistrial must be made and
argued outside the hearing of the jurors, but if the ruling thereon affects the issues to be tried by
the jury, the trial judge, after consulting with counsel, may advise the jurors thereon. Upon
granting a motion to strike any evidence or argument to the jury, the trial judge will admonish the
jury to disregard the matter stricken.

DEFAULT JUDGMENT

3.200 REQUEST TO ENTER DEFAULT


(a) Failure to Answer. A request to enter default for failure to timely file an answer
initially must be directed to the clerk. If the clerk rejects a request to enter default, the defect
cannot be cured to the clerk’s satisfaction, and counsel disagrees with the clerk, then counsel
may apply for ex parte relief to the direct calendar judge, Specialized Civil Court judge, or
supervising judge, whichever is appropriate.
(b) Other Defaults. A request to enter default for failure to make discovery, failure to
comply with court order, or other ground of default must be directed to the direct calendar judge,
Specialized Civil Court judge, or supervising judge, whichever is appropriate.
3.201 PROCEDURES FOR OBTAINING DEFAULT JUDGMENT (Cal. Rules of Court,
rule 3.1800.)
(a) Submission on Declarations Preferred. Determination of applications for default
judgment on declarations pursuant to Code of Civil Procedure section 585(d) is the preferred
procedure. Declarations must comply with Code of Civil Procedure section 2015.5. SUPERIOR
COURT OF CALIFORNIA COUNTY OF LOS ANGELES Page 74 of 214 Local Rules –
Effective January 1, 2022
(b) Live Testimony Prove-up Hearings. Live testimony prove-up hearings will be
scheduled only if the law requires live testimony (e.g., quiet title), or the court otherwise orders
it.
3.202 PENDING MOTIONS TO VACATE DEFAULT
A party applying for default judgment while a motion to vacate default is pending must
advise the court of the pendency of the motion. If the party wishes to pursue judgment while the
motion is pending, that party must present a showing of emergency justifying the entry of default
judgment prior to hearing of the motion. (Rule 3.202 new and effective July 1, 2011)
3.203 SERVICE BY PUBLICATION
When service has been effected by publication, an application for a default judgment on
declarations must include a declaration regarding service of the application papers in compliance
with Code of Civil Procedure section 587.
3.204 WRITTEN OBLIGATIONS TO PAY MONEY
An application for default judgment on a written obligation to pay money must, unless
otherwise ordered, be accompanied by the original writing for cancellation pursuant to California
Rules of Court, rule 3.1806. (Rule 3.204 new and effective July 1, 2011) 3.205 EVIDENTIARY
STANDARDS (a) Court to Hear Evidence. The court may enter judgment as appears from the
evidence to be just pursuant to Code of Civil Procedure section 585(b). (b) Authentication.
Unauthenticated documents will not be received in evidence unless their authenticity has been
pleaded in the complaint and admitted by entry of default. (c) Hearsay. The court, in its
discretion, may disregard hearsay. (d) Foundation. The court, in its discretion, may disregard
evidence lacking foundation, including declarations on the merits by attorneys or assignees
which lack foundation as to their personal knowledge.
3.206 INTEREST
If interest is requested in excess of the usury limitations of California Constitution Article
XV, Section 1, proof must be presented of plaintiff’s exemption from the usury limitations unless
an exemption has been pleaded in the complaint and admitted by the entry of default.
3.207 ATTORNEYS’ FEES
(a) Fee Schedule. If attorneys’ fees are awarded on default, they shall be determined in
accordance with Local Rule 3.214.
(b) Contractual Provision. When the basis for a claim of attorneys’ fees is a contractual
provision, the precise clause providing for fees must be cited.

FORM AND EXECUTION OF JUDGMENT; ATTORNEYS’ FEES

3.213 FORM OF JUDGMENT


(a) Original and Copy. Whenever a proposed judgment is submitted to the court, the
original shall be accompanied by a complete, legible copy.
(b) Form of Judgment. Judicial Council judgment forms must be used whenever required.
When a lengthy or detailed judgment is necessary, or when different relief is sought against
different defendants, a specially prepared judgment may be used. Specially prepared judgments
must include the full names of the parties for whom, and against whom, the judgment is
rendered, including their capacities as plaintiffs, defendants, cross-complainants, and cross-
defendants.
(c) Execution by Clerk of Documents. If a judgment awards real or personal property and
the necessary documents for the transfer are not at that time executed, the court will order the
execution of those necessary documents by the proper party by a date certain. On order of the
court, the Clerk has the authority to execute documents specified in the court’s order if the
obligated party failed to do so.
(d) Entry of Judgments, Orders, and Decrees. Judgments, orders, and decrees rendered by
the court will be entered by the clerk into the permanent electronic database for maintenance and
storage of the court’s official records.
(e) Possession Plus Money. If plaintiff seeks recovery of both an amount owed and goods
in which plaintiff holds a security interest to secure payment of the amount owed, the judgment
must provide that sale of the goods should first take place pursuant to Uniform Commercial
Code section 9504 and thereafter the proceeds of the sale will be credited against the amount
owed prior to issuance of a writ of execution on the balance.

ENFORCEMENT OF JUDGMENT
3.220 POST-JUDGMENT ORDERS
(a) Application for Money Deposited (Code Civ. Proc., §§ 708.710 - 708.795). An
application for an order for the payment of money which has been deposited with the clerk of the
court pursuant to Code of Civil Procedure section 708.710 et seq. must state: (1) the amount of
money and date it was deposited with the clerk, (2) any amount previously received by the
applicant, and (3) whether a claim of exemption or motion to vacate the judgment has been filed.
The clerk will endorse on the application the amount of money on deposit.
(b) Property Otherwise Deposited. An application to receive personal property or money,
other than that deposited pursuant to Code of Civil Procedure sections 708.710 – 708.795, must
state: (1) when, why and by whom it was deposited, (2) any term or condition of the deposit, (3)
the name and address of every person claiming any interest in it, and (4) the reason the claimant
is entitled to receive it. The clerk will endorse on the application the amount of money or
description of the property on deposit. The judge may require the applicant to proceed on noticed
motion.
(c) Execution on Installment Order or Judgment. An application for the issuance of a writ
of execution as to an order or judgment for the payment of money in installments must state: (1)
the pertinent provisions of the order or judgment, (2) the total amount which has been paid, (3)
the amount of principal then due, and (4) the calculations as to any interest claimed. If the
applicant is an assignee of the original creditor, the applicant must attach a copy of the
assignment and state the date of service or notice of the assignment to the judgment debtor.

JUDICIAL ARBITRATION

3.292 SUMMARY DESCRIPTION OF ARBITRATION


In arbitration, an “arbitrator” is a neutral person who hears arguments and evidence from
each side and then decides the outcome of the dispute. Arbitration is less formal than a trial, and
the rules of evidence are often relaxed. Judicial arbitration is non-binding, which means that the
parties are free to request a trial de novo if they do not accept the arbitrator’s decision. (Rule
3.292 new and effective July 1, 2011)
3.293 CASES SUBJECT TO ARBITRATION
Judicial arbitration may be initiated by the court at any time after the filing of the
complaint in any of three ways: (1) Where the court determines the controversy is amenable to
arbitration pursuant to Code of Civil Procedure section 1141.10 et seq.; (2) Upon timely written
election of the plaintiff agreeing that the award will not exceed $50,000; and (3) Upon timely
stipulation of the parties. In categories (1) and (3), the arbitrator’s award is not limited to $50,000
and may be for any amount. (Rule 3.293 new and effective July 1, 2011)

3.294 CASES EXEMPT FROM ARBITRATION


The following actions are exempt from judicial arbitration as provided by California
Rules of Court, rule 3.811, or other authority:
(1) Actions containing a non-frivolous or insubstantial prayer for equitable relief;
(2) Class actions;
(3) Small claims actions or trial de novo on appeal;
(4) Unlawful detainer proceedings;
(5) Any action found by the court upon its own motion or on motion of a party not
to be amenable to arbitration on the ground that arbitration would not reduce the probable
time and expense necessary to resolve the litigation;
(6) All limited civil cases in which no jury trial is demanded and the estimated
time for trial is less than three days (15 hours of court time); and
(7) A short cause case found by the court to be exempt from case management
review pursuant to California Rules of Court, rule 3.735(b). (Rule 3.294 new and
effective July 1, 2011)
3.295 WITHDRAWAL FROM ARBITRATION
A case submitted to arbitration may be withdrawn before hearing only by court order
upon stipulation or noticed motion and hearing in the department where the case is pending.
SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES Page 92 of 214 Local
Rules – Effective January 1, 2022 (Rule 3.295 [7/1/2011] amended and effective January 1,
2013)
3.296 HEARINGS
(a) Pre-Arbitration Conference. The arbitrator may hold a pre-arbitration conference if he
or she finds it helpful to confer with counsel informally before the arbitration begins. Attendees
at such conference must be prepared to discuss (1) time estimate for hearing, (2) documentary
evidence to be offered, (3) stipulations, (4) issues to be determined, and (5) depositions to be
used. The arbitrator may conduct this conference by telephone.
(b) Setting Time and Place of Arbitration. The arbitrator must set the time and place for
the arbitration after consultation with counsel for the parties and consistent with California Rules
of Court, rule 3.817. The arbitrator must ensure that the arbitration is set prior to the arbitration
completion date.
(c) Notice of Arbitration. The arbitrator must send a Notice of Arbitration (LAADR-028)
to all parties.
(d) Continuance of Arbitration. The parties may stipulate to a continuance of the
arbitration as provided for in California Rules of Court, rule 3.818. Also, the arbitrator may
continue the arbitration on his or her own motion, if the continuance does not exceed 20 days.
The arbitration must not be continued beyond the completion date except by order of the court. If
the request for the extension of deadline is granted, the parties must notify the arbitrator. (Rule
3.296 [7/1/2011, 1/1/2013] amended and effective May 17, 2013)
3.297 APPEARANCES REQUIRED AT ARBITRATION
Counsel (which includes by definition a self-represented party (Rule 1.1)) must appear at
the arbitration. Counsel’s non-appearance may subject that party and its attorney, after notice and
an opportunity to be heard, to monetary sanctions. Sanctions may include, but are not limited to,
suitable compensation to the arbitrator and to the parties who did appear at the arbitration, plus
the attorney’s fees incurred in making the request for sanctions. (Rule 3.297 [7/1/2011] amended
and effective January 1, 2013)
3.298 DISCOVERY DURING ARBITRATION
California Rules of Court, rule 3.822, governs the right to conduct discovery before and
after arbitration. (Rule 3.298 [7/1/2011] amended and effective January 1, 2013)
3.299 SUBMISSION OF BRIEFS/EVIDENCE
California Rules of Court, rule 3.823, governs the submission of evidence and briefs at
the arbitration. (Rule 3.299 [7/1/2011] amended and effective January 1, 2013)
3.300 DISPOSITION OF EXHIBITS
Documents, statements, and exhibits received in evidence during the arbitration should be
returned to the parties who offered them after the arbitrator issues the award. Many arbitrators
request that the parties offer copies in evidence so that the arbitrator can discard them after the
award is rendered. The arbitrator must not destroy original exhibits since they may be required in
the event of a trial de novo. (Rule 3.300 [7/1/2011] amended and effective January 1, 2013)
SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES Page 93 of 214 Local
Rules – Effective January 1, 2022
3.301 ADR REPORTS
(a) Award of Arbitrator. Consistent with California Rules of Court, rule 3.825, the
arbitrator must serve the award of arbitrator on each party within ten court days after the
arbitration and on or before the arbitration completion date. Form LAADR-014 is available for
this purpose. The arbitrator also must file the award, accompanied by a proof of service on the
parties.
(b) Notice of Trial De Novo. A party requesting trial de novo must file the Request for
Trial De Novo After Judicial Arbitration, Judicial Council of California ADR-102, with the court,
accompanied by a proof of service on all other parties, within 60 days after the date the arbitrator
files the award with the court. (Rule 3.301 [7/1/2011, 1/1/2013] amended and effective May 17,
2013)
3.302 ARBITRATION PANELS The arbitration panels maintained by the court pursuant to
California Rules of Court, rule 3.814, will be made available for judicial arbitration of limited
jurisdiction cases. (Rule 3.302 new and effective July 1, 2011)

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