|
2.0 DISTRICT SESSIONS, FILING AND TRANSFER OF ACTIONS.
2.0 DISTRICT SESSIONS, FILING AND TRANSFER OF ACTIONS.
Districts. Sessions of the court shall be held in districts and court locations designated as follows:
Central District, sitting in the following courthouses (includes outlying centrally administered juvenile courthouses):
Stanley Mosk (County) Courthouse, 111 North Hill, Los Angeles 90012
Clara Shortridge Foltz Criminal Justice Center, 210 West Temple, Los Angeles 90012
Edelman Children's Court, 201 Centre Plaza Drive, Monterey Park 91754
Mental Health Courthouse, 1150 North San Fernando Road, Los Angeles 90065
Metropolitan Courthouse, 1945 South Hill, Los Angeles 90007
East Los Angeles Courthouse, 214 South Fetterly Avenue, Los Angeles, 90022
Eastlake Juvenile Courthouse, 1601 Eastlake Avenue, Los Angeles 90033
Central Arraignment Court, 429 Bauchet Street, Los Angeles 90012
Central Civil West Courthouse, 600 South Commonwealth Avenue, Los Angeles 90005
Hollywood Courthouse, 5925 Hollywood Boulevard, Los Angeles 90028
Inglewood Juvenile Courthouse, 110 Regent Street, Inglewood 90301
Los Padrinos Juvenile Courthouse, 7281 East Quill Drive, Downey 90242
Kenyon Juvenile Justice Center, 7625 South Central Avenue, Los Angeles 90001
Sylmar Juvenile Courthouse, 16350 Filbert Street, Sylmar 91342;
East District, sitting in:
Pomona Courthouse South, 400 Civic Center Plaza, Pomona 91766
Pomona Courthouse North, 350 West Mission Blvd, Pomona 91766
El Monte Courthouse, 11234 East Valley Boulevard, El Monte 91731
West Covina Courthouse, 1427 West Covina Parkway, West Covina 91790;
North District, sitting in:
Antelope Valley Courthouse, 42011 4th Street West, Lancaster 93534
Lancaster Juvenile Courthouse, 1040 West Avenue J, Lancaster 93534 (Projected reopening: Spring, 2004)
Lancaster Juvenile Dependency Court, 1000 West Avenue J, Lancaster 93534 (Projected closure: Spring, 2004)
Lancaster Juvenile Delinquency Court, 1010 West Avenue J, Lancaster 93534; (Projected closure: Spring, 2004)
North Central District, sitting in:
Burbank Courthouse, 300 East Olive, Burbank 91502
Glendale Courthouse, 600 East Broadway, Glendale 91206;
Northeast District, sitting in:
Pasadena Courthouse, 300 East Walnut Avenue, Pasadena 91101
Alhambra Courthouse, 150 West Commonwealth, Alhambra 91801
Monrovia Courthouse, 300 West Maple Avenue, Monrovia 91016;
North Valley District, sitting in:
San Fernando Courthouse, 900 Third Street, San Fernando 91340
Chatsworth Courthouse, 9425 Penfield Avenue, Chatsworth 91311
San Fernando Courthouse Annex, 919 First Street, San Fernando 91340
Santa Clarita Courthouse, 23747 West Valencia Boulevard, Santa Clarita 91355;
Northwest District, sitting in:
Van Nuys Courthouse East, 6230 Sylmar Avenue, Van Nuys 91401
Van Nuys Courthouse West, 14400 Erwin Street Mall, Van Nuys 91401;
South District, sitting in:
Long Beach Courthouse, 415 West Ocean Boulevard, Long Beach 90802
San Pedro Courthouse, 505 South Centre, San Pedro 90731
San Pedro Courthouse Annex, 638 South Beacon, San Pedro 90731
Catalina Courthouse, 215 Summer Avenue, P.O. Box 677, Avalon 90704;
South Central District, sitting in:
Compton Courthouse, 200 West Compton Boulevard, Compton 90220
Lynwood Regional Justice Center, 11701 Alameda Street, Lynwood 90262;
Southeast District, sitting in:
Norwalk Courthouse, 12720 Norwalk Boulevard, Norwalk 90650
Bellflower Courthouse, 10025 East Flower Street, Bellflower 90706
Downey Courthouse, 7500 East Imperial Highway, Downey 90241
Huntington Park Courthouse, 6548 Miles Avenue, Huntington Park 90255
South Gate Courthouse, 8640 California Avenue, South Gate 90280
Whittier Courthouse, 7339 South Painter Avenue, Whittier 90602;
Southwest District, sitting in:
Torrance Courthouse, 825 Maple Avenue, Torrance 90503
Inglewood Courthouse, One Regent Street, Inglewood 90301
Redondo Beach Courthouse, 117 West Torrance Boulevard, Redondo Beach 90277;
West District, sitting in:
Santa Monica Courthouse, 1725 Main Street, Santa Monica 90401
Beverly Hills Courthouse, 9355 Burton Way, Beverly Hills 90210
Culver City Courthouse, 4130 Overland Avenue, Culver City 90230
LA Airport Courthouse, 11701 South La Cienega Boulevard, Los Angeles 90045
Malibu Courthouse, 23525 West Civic Center Way, Malibu 90265
West Los Angeles Courthouse, 1633 Purdue Avenue, Los Angeles 90025.
(Rule 2.0(a) [1/1/94 11/01/00, 1/1/2001, 7/1/2001] amended and effective 7/1/2004.)
(b) Mandatory Filing
(1) Mandatory Filing of Unlimited Civil Cases.
Every unlimited action for bodily injury, wrongful death or tortious damage
to property shall be filed in the district where the injury or damage occurred.
Such actions shall be filed at the filing window at the first active civil
courthouse location listed for that district in subdivision (a), except that
in the North Central District these actions may be filed at either courthouse
location in that district; and in the South District at either of the first
two locations listed. Bodily injury is defined as actual physical damage to
a person. Actions for emotional distress, defamation, discrimination, and
malpractice other than medical malpractice are not included in this definition.
Damage to real property is defined as actual physical damage to land, buildings
or other items affixed to the land including vegetation.
Actions for quiet title, breach of real estate or construction contracts are
not included in this definition. Every class action and petition for freedom
from parental custody and control shall be filed in the Central District.
Every unlimited jurisdiction appeal under Labor Code section 98.2 shall be filed
in the district wherein 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 subdivision (c) below) shall be filed in
the Central District.
(Rule 2.0(b)(1) amended and effective 1/1/08.)
(2) Mandatory Filing of Small Claims and Limited Civil Cases. Every small claims and limited civil case shall be filed in and assigned to the nearest or most accessible courthouse where the court tries that type of case 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 Sections 392 through 395, 760.050 or 872.110 of the Code of Civil Procedure, or in Sections 1812.10 or 2984.4 of the Civil Code.
|
| 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 chart set forth in Appendix A to determine which courthouse serves the zip code and community area that determines the proper venue for trial. Such a case may be filed only in, and shall 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.
|
By way of example, a limited civil personal injury action in which a defendant resides in that portion of Zip Code 90002 lying within the City of Lynwood, all other defendants reside in that portion of Zip Code 90002 lying outside the City of Lynwood and the injury occurred in Zip Code 90009 may be filed only in the Compton Courthouse, the County Courthouse or the Beverly Hills Courthouse.
(3) Mandatory Filing of Criminal and Traffic Cases. Every indictment by a Grand Jury shall be filed in Department 100 in the Central District. Every criminal complaint shall be filedwithin the Superior Court judicial district, as delineated on the Maps of Superior Court Districts following these Rules, where the offense is alleged to have occurred. Within a judicial district, criminal complaints shall be filed at the courthouse handling criminal matters which serves the city or unincorporated area where the offense is alleged to have occurred. The Supervising Judge of the Criminal Division may, upon written application setting forth 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.
(Rule 2.0(b) [new and effective 11/01/2000, 1/1/2001, 7/1/2001, 1/1/2002,
Zip Code & Courthouse List moved to Appendix A, amended and effective 1/1/2003
(b)(1)&(2) amended, (3) added 7/1/03 & amended 1/1/06] amended and effective 1/1/08.)
(c) Optional Filing. Except as set forth in subdivision (b) above, an action or proceeding of general or unlimited jurisdiction may be filed in the Central District or may be filed in a district other than the Central District in the following cases:
Abandonment, where petitioner resides;
Adoption, where petitioner resides;
Civil Harassment, where one or more of the parties litigant reside;
Consent to adoption outside California, where consentor resides;
Conservator, where petitioner or conservatee resides;
Contract, where performance is required by an express provision or where defendant resides;
Criminal, where one of the offenses was committed;
Dissolution of marriage, where petitioner or respondent resides;
Domestic Violence, 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;
Family Law Miscellaneous Complaints or Petitions, where one or more of the parties litigant reside;
Forcible entry, where the property is located;
Foreign Custody (Family Law), where one or more of the parties litigant reside;
Foreign Support (Family Law), where one or more of the parties litigant reside;
Guardianship, where petitioner or ward resides;
Habeas corpus, no action pending where the person is held;
Legal Separation (Family Law), where one or more of the parties litigant reside;
Mandate, where the defendant functions wholly therein;
Name change, where the petitioner resides;
Personal property, where the property is located;
Probate, where decedent resided or petitioner resides;
Prohibition, where the defendant functions wholly therein;
Receivership, where the defendant functions wholly therein;
Review, where the defendant functions wholly therein;
Small claims appeal, where the lower 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;
Voiding of marriage, where petitioner or respondent resides.
(Rule 2.0(c) [1/1/94, 1/1/2000, 11/01/00, 7/1/2001] amended and effective 7/1/2004.)
(d) Certificate Required Other than electronically filed family law cases initiated by the district attorney, a civil action or proceeding presented for filing in any district must be accompanied by a separate page bearing the title of the court and cause, stating which of the grounds specified in this rule authorizes the filing in such district and shall be signed by counsel. If the ground is the residence of a party, his/her name and residence shall be stated. A copy thereof shall be served with the summons and complaint or petition.
(e) Documents, Exhibits and Attachments Presented for Filing. All documents, including attachments and/or exhibits, (limited to paper which can be duplicated) which would render the documents and its attachments collectively to exceed 3 inches in thickness shall be subdivided into multiple volumes and tabbed.
(Rule 2.0(e) newly added and effective 1/1/08.)
(f) Transfer.
(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/she may order the transfer of one or more cases pending in that district to another district for trial, or may order that those cases which are by these Rules to be filed in that district shall 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. 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, shall be made in Department 1 in the Central District.
(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, shall 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 failure to file the case in accordance with the requirements set forth in this Chapter, shall be made in Department 2 in the Central District.
(5) The Presiding Judge of the Juvenile Court Division 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, shall be made in Department 400 in the Central District.
(6) The Supervising Judge of each District may permit probate, guardianship and conservatorship matters to be filed in his or her district that would otherwise have to be filed under this Chapter in a different district.
(Rule 2.0(f) [as (e) 1/1/94, 7/1/98, 7/1/06] renumbered and effective 1/1/08.)
(g) Master Calendar Departments. The following departments are designated as master calendar courts:
1. Department 1 - Central Civil;
2. Department 100 - Central Criminal;
3. Division 20 U - Central Unlawful Detainers;
4. Courts of the supervising judges of the probate, family law, juvenile and mental health departments, and courts of the supervising judges in districts other than the Central District;
5. Other departments that shall be designated from time to time by order of the presiding judge, or his/her designee, including supervising judges.
In the event the presiding judge, or his/her designee, designates a department as a master calendar, such information shall be posted in the office of the Clerk and on the court's official website at: http://www.lasuperiorcourt.org.
Pursuant to Code of Civil Procedure section 170.6(a)(2), any challenges to the judge trying a cause, must be made to the judge supervising the master calendar no later than the time the cause is assigned for trial.
(Rule 2.0(g) [as (f) added 1/1/06] renumbered and effective 1/1/08.)
(Rule 2.0 [1/1/94, 7/1/95, 1/1/98, 7/1/98, 1/1/00, 11/01/00,
1/01/01, 7/1/01, 1/1/02, 1/1/03, 7/1/03, 7/1/04, 1/1/06, 7/1/06] amended and effective 1/1/08).
2.1 MOTION FOR CHANGE OF VENUE
(a) Reference California Rules of Court, rule 3.1326.
(Rule 2.1(a) [1/1/94] amended and effective 1/1/08.)
(b) Applicability. This rule applies only to proceedings under Code of Civil Procedure sections 527.6, 527.7, 527.8, the Family Code, the Probate Code, the Welfare and Institutions Code and the Penal Code and all other criminal proceedings, and eminent domain proceedings.
(Rule 2.1(b) [newly added July 1, 2000] amended and effective 1/1/2003.)
(c) Multiple defendants. A declaration in support of a motion for change of venue to the residence of the moving defendant must show that venue is not properly fixed as to any other named defendant or that such other defendant is only joined for the purpose of fixing venue.
(Rule 2.1(c) [originally (b) 1/1/94] renumbered and effective July 1, 2000.)
(d) Attorney's Fees. Upon the hearing of a motion for change of venue on the grounds stated in Section 395 of the Code of Civil Procedure, the Court may order the payment of reasonable expenses and attorney's fees to the prevailing party. If fees are requested, the amount sought must be supported by a declaration detailing the manner of calculation.
(Rule 2.1(d) [originally (c) 1/1/94] renumbered and effective July 1, 2000.)
(e) Change for convenience of witnesses. A motion for change of venue based upon the convenience of witnesses and in the interest of justice may be made only after an answer is filed. Such motion must be accompanied by a declaration setting forth the following minimum information:
(1) Identification. The name and address of each prospective witness to be called by all parties to the action so far as known to the moving party;
(2) Significance of Witness. The anticipated testimony of each prospective witness or the nature of the witness' relationship to the action, so that the significance of the witness' presence at trial might be fairly considered by the court;
(3) Completed Discovery. Whether or not such prospective witness has been deposed, answered interrogatories, or provided any person with a statement concerning the incident in question. If any such record exists, the moving party should make specific reference to it.
(4) Further Discovery. Whether or not the moving party has completed discovery proceedings and, if not, what further discovery will be required and where and by what means it will be accomplished.
(Rule 2.1(e) [originally (d) 1/1/94] renumbered and effective July 1, 2000.)
(f) Arrangements for transfer. If the motion is granted, it is the moving party's responsibility to ensure that the Clerk's office accomplishes the transfer within a reasonable time, and it is the moving party's responsibility to pay any fees that may be due.
(Rule 2.1(f) [originally (e) 1/1/94] renumbered and effective July 1, 2000.)
(Rule 2.1 [1/1/94, new subs. (b) added, original (b) through (e) renumbered 1/1/2000, 1/1/03] amended and effective 1/1/08.)
2.2 DIVISIONS
All departments in the Central District designated by the Presiding Judge to hear criminal cases, and all departments in any other district designated by the Supervising Judge of that district to hear criminal cases, shall be designated as the Criminal Division of the Los Angeles Superior Court.
All departments in the Central District designated by the Presiding Judge to hear civil cases, and all departments in any other district designated by the Supervising Judge of that district to hear civil cases shall be designated as the Civil Division of the Los Angeles Superior Court.
All departments in the Central District designated by the Presiding Judge to hear family law cases, and all departments in any other district designated by the Supervising Judge of that district to hear family law cases shall be designated as the Family Law Division of the Los Angeles Superior Court.
All departments in the Central District designated by the Presiding Judge to hear probate cases, and all departments in any other district designated by the Supervising Judge of that district to hear probate cases shall be designated as the Probate Division of the Los Angeles Superior Court.
All departments within the Los Angeles Superior Court designated by the Presiding Judge to hear juvenile court cases shall be designated as the Juvenile Court Division of the Los Angeles Superior Court.
(Rule 2.2 effective 1/1/94.)
2.3 SUPERVISING JUDGES, CIVIL AND CRIMINAL DIVISIONS
(a) Civil Division. The Supervising Judge of the Civil Division shall preside in Department One of the Central District and shall be an ex officio member of the Executive Committee (Rule 1.5(o)). Subject to the approval of the Executive Committee and the Presiding Judge, the Supervising Judge of the Civil Division shall be responsible for the establishment of uniform procedures and court policy relative to civil matters which shall be applicable to all courts hearing civil matters.
(Rule 2.3(a) new and effective 1/1/2003.)
(b) Criminal Division. The Supervising Judge of the Criminal Division shall preside in the Criminal Master Calendar Department of the Central District and shall be a member and chair of the Committee on Criminal Court Matters and ex officio member of the Executive Committee (Rule 1.5(o)). Subject to the approval of the Committee on Criminal Court Matters, the Executive Committee, and the Presiding Judge, the Supervising Judge of the Criminal Division shall be responsible for the establishment of uniform procedures and court policy relative to criminal matters which shall be applicable to all courts hearing criminal matters.
(Rule 2.3 [1/1/94] numbered as subdivision (b), amended and effective 1/1/2003.)
(Rule 2.3 [1/1/94] amended and effective 1/1/2003.)
2.4 CENTRAL DISTRICT DEPARTMENTS
(a) Designation by Presiding Judge
The Presiding Judge shall designate the location of the courts in the Central District. The Presiding Judge may designate certain of the courts in the Central District as comprising a Department of the Court. There shall be such Departments of the Court as the Presiding Judge shall deem appropriate, including (if he/she deems appropriate), but not limited to, the following:
Appellate Division,
Attachments and Writs of Possession Department
Class Action Department,
Criminal Master Calendar Department,
Eminent Domain Department,
Family Law Department,
Juvenile Department,
Mental Health Department,
Probate Department,
Supplemental Proceedings Department,
Traffic Department,
Writs and Receivers Department.
(Rule 2.4(a) [1/1/94] amended and effective July 1, 2000)
(b) District Departments The Presiding Judge may designate for a district, other than the Central District, one or more departments similar to the foregoing departments, other than an appellate division. The Presiding Judge may assign to the Assistant Presiding Judge or to the Supervising Judge of a particular district the responsibility to make these designations.
(Rule 2.4(b) [1/1/94, 1/1/2000] amended and effective July 1,2000.)
(Rule 2.4 [1/1/94, 1/1/2000] amended and effective July 1,2000.)
2.5 ASSIGNMENTS TO CENTRAL DISTRICT DEPARTMENTS
In addition to the provisions of the California Rules of Court, the following actions, proceedings and procedures are assigned as follows:
(a) Appellate Division/Department 70.
(1) Appellate Division. All appeals from judgments entered in any misdemeanor, infraction or limited civil case in Los Angeles County (except appeals from small claims judgments), as well as petitions for writs of mandate, prohibition and review (certiorari) in any misdemeanor, infraction or limited civil case, must be heard in the Appellate Division of the Superior Court in the Central District, Room 607. (Code Civ. Proc., §§ 1068(b), 1085(b) and 1103(b).)
(Rule 2.5(a)(1) [1/1/95] amended and effective 7/1/2001.)
(2) Department 70.
a) Writ of Habeas Corpus Hearing. Each judge assigned to the Appellate Division is also assigned to Department 70 of the Central District, Room 607. Petitions for writ of habeas corpus that are properly filed in conjunction with an appeal pending in the Appellate Division shall be heard by one judge, assigned on a rotating basis, from those judges sitting in Department 70.
b) Evidentiary Hearing. If an evidentiary hearing is granted for a writ of habeas corpus, the Supervising Judge of the Criminal Division, upon the request of the assigned Department 70 judge, may transfer the matter to a trial court for the hearing and findings of fact as directed by the transfer order. (See LASCR, Rule 11.10.)
(Rule 2.5(a)(2) [1/1/95] amended and effective 7/1/2001.)
(b) Criminal Master Calendar Department.
(1) Coram nobis, petition;
(2) Exhume a body for criminal investigation:
(3) Habeas corpus, person held for extradition;
(4) Mandate or prohibition to a magistrate in matters arising in felony prosecutions, prior to preliminary examination;
(5) Propria personam privileges at variance with the adopted schedule;
(6) Sexually violent predator trials.
(Rule 2.5(b) [1/1/94, 7/1/2001] amended and effective 1/1/2002.)
(c) Certain Proceedings in Other Criminal Departments.
1) Insanity and Mental Competency Trials and Hearings in Felony Cases. All insanity trials or hearings arising from a felony criminal case pursuant to Penal Code sections 1026, 1026.2, 1368 and 1372 shall be heard in the criminal department wherein the criminal case is set for trial, unless otherwise ordered by the Supervising Judge, Criminal Division. (Effective 7/1/94.)
2) Mentally Disordered Sex Offender Proceedings in Felony Cases. Proceedings related to care, supervision, treatment or restraint of mentally disordered sex offenders under now repealed Section 6300 of the Welfare and Institutions Code shall be heard and determined in the Criminal Department, and may be calendared in any manner that the Supervising Judge of the Criminal Division may designate. (Effective 7/1/94.)
(Rule 2.5(c)3) Modification, Termination or Revocation of Probation [Ref. Rule 6.30] deleted and effective 7/1/2001)
(d) Supplemental Proceedings.
(i) Department 1A. In other than Eminent Domain or Family Law proceedings the following actions, proceedings and procedures in the Central District for unlimited actions only unless otherwise stated below are assigned to Department 1A:
(1) Enforcement of Judgment Proceedings. All enforcement of judgment proceedings [with the exception of contempts, appointment of receiver after judgment and motions requiring discovery rulings]; examples of matters heard are:
- Application for post judgment examination hearings for unlimited and limited actions including small claims
- Debtor examination hearings for unlimited and limited, including small claims actions
- Third party examination hearings for unlimited, and limited, including small claims actions
- Court order of sale for real property dwelling pursuant to writ of execution
- Claims of exemption hearings
- Hearing on third party claims pursuant to writ of execution
- Motions for assignment orders
- Charging orders
- See also Code of Civil Procedure sections 680.010 through 720.800
(2) Other Proceedings.
- Escheat, hearings on petitions for relief
- Ex Parte orders shortening time in Department 1
- In Forma Pauperis applications for civil limited and unlimited actions (except Family Law and Probate) and for appeals to the appellatecourt
- Name change, petitions and hearings (See Rule 9.23)
- Newspaper, petition to establish standing
- Petition for confidentiality of voter information (Elections Code, § 2166)
The above listed matters are assigned to the departments designated by the Supervising Judge in districts other than Central.
(ii) Department 97 for both limited and unlimited cases:
(1) Publication of summons, application and orders for (See Rule 9.23)
(2) Service on Secretary of State of summons on corporation, application and orders for
(3) Guardian ad Litem appointments. This does not include petitions for general guardianships, which are assigned to Probate. Disputes over appointments and petitions for appointment of guardian ad litem for a party by an opposing party are assigned to the I/C courts in the Central District.
(4) Unlawful detainer (limited) motions:
- Motion to vacate and set aside judgment
- Arrieta claim (of right to possession)
- Motion to strike
- Motion to quash service of summons and complaint
- Motion for summary judgment
- Motion to compel production
- Motion to compel responses to interrogatories
- Motion to compel deposition
- Motion to dismiss
- Motion to transfer
- Motion to change venue
- Miscellaneous motions
(5) Civil (limited) post-judgment motions:
- Claim of exemption
- Motion for assignment order
- Motion to vacate and set aside judgment
- Miscellaneous motions
(6) Small claims motions:
- Claim of exemption
(7) Ex parte applications:
- Pre-judgment unlawful detainer ex parte applications
- Small claims ex parte application
(8) Hearings on minor's compromise (civil limited)
(9) Default prove-up hearings (civil limited)
(Rule 2.5(d) [1/1/95, 1/1/97, 1/1/2000] amended and effective 7/1/2002.)
(e) Eminent Domain Department. In an eminent domain action:
- Costs, motion to tax;
- Demurrer;
- Discovery motions;
- Motions, any;
- Pretrial, all proceedings.
- In the Central District, trial of any issue bifurcated for early trial in an eminent domain case shall be tried in accordance with an agreement between the I/C judge and the judge assigned to the Eminent Domain Department.
(Ref. LASCR, Rules 7.2(b) and 16.11(a).) (Effective 1/1/95.)
(f) Family Law Department.
- All matters arising under the Family Code, excluding emancipation of minors and adoption.
- Guardianship of children when parents have pending matters in the Family Law Court.
- Civil harassment petitions (Dept. 8).
(Rule 2.5(f) [7/1/2001] amended and effective 1/1/2005.)
(g) Civil Harassment Petitions.
- Civil harassment petitions in the Central District are heard in Department 76.
(Rule 2.5(g) Civil Harassment Petitions newly added and effective 1/1/08.)
(h) Mental Health Department.
Civil Commitment Proceedings - Non-Lanterman-Petris-Short Act (LPS)
-Mental Retardation Commitments and Re-commitments (Welfare & Institutions Code, § 6500) Arraignment, Pretrial, Trial, Commitment, Change of Placement Hearing, Writ of Habeas Corpus, Judicial Review
- Developmentally Disabled Commitments (In re Hop) Arraignment, Pretrial, Trial, Commitment, Change of Placement Hearing, Writ of Habeas Corpus, Judicial Review
-In re Roger S. Pre-commitment hearing, Roger S.-Findings, Writ of Habeas Corpus
Lanterman-Petris-Short Act Commitments and Ancillary Proceedings
-Site-based Certification Review Hearings (Doe vs. Gallinot (Welfare & Institutions Code, § 5256)
-Site-based medication capacity hearings (Welfare & Institutions Code, § 5332)
-Appeal of medication capacity findings and order (de novo hearing in superior court) (Welfare & Institutions Code, § 5334(e)(1))
-Writ of Habeas Corpus (Welfare & Institutions Code, § 5275) for 14-day, 30-day, temporary conservatorship
-ECT Capacity Hearing (Welfare & Institutions Code, §§ 5326.7, 5326.75) (superior court hearing) Pre Trial, Trial, Order
-Mentally disordered person Dangerous to Others (Welfare & Institutions Code, § 5300) Arraignment, Pretrial, Trial, Commitment, Release to Community Outpatient Treatment, Revocation, Reinstatement to Community Outpatient Treatment
-Ex Parte Order for Temporary Conservatorship on Petition by County Mental Health Director/Public Guardian
-Conservatorship (Welfare & Institutions Code, § 5350) Arraignment, Pretrial, Trial, Commitment, Judicial Reviews/investigations, Change of Placement Hearing, Rehearing on status as conservatee, Rehearing on Rights/Disabilities, Reappointment hearing
-Accountings
Criminally Related Proceedings
-Incompetency referral for misdemeanors only and for felonies prior to or at the preliminary hearing (Pen. Code, § 1367 et seq.) Arraignment, Pretrial, Trial, Commitment or Return to Referring Court, Writ of Habeas Corpus, Judicial Review, Revocation Hearing CONREP, Revocation of CONREP, Restoration to Competency (Pen. Code, § 1372);
-Mentally Disordered Offenders (Pen. Code, § 2972) Arraignment, Pretrial, Trial Commitment, Writ of Habeas Corpus, Judicial Review, Admission to CONREP, Revocation of CONREP, Reinstatement to CONREP
- Mentally Disordered Sex Offenders (former Welfare & Institutions Code, § 6300) Arraignment, Pretrial, Trial, Commitment, Writ of Habeas Corpus, Judicial Review, Admission to CONREP, Revocation of CONREP, Reinstatement to CONREP
-Narcotic Commitments (Welfare & Institutions Code, §§ 3050, 3051) Arraignment, Pretrial, Trial, Commitment
-Extensions of Commitment and Re-commitment to California Youth Authority (Welfare & Institutions Code, § 1800) Arraignment, Pretrial, Probable Cause Hearing, Trial
-Commitment, Judicial Review
-Extensions and Re-commitments of Not Guilty by Reason of Insanity (Pen. Code, § 1026.5(b)) Arraignment, Pretrial, Trial, Commitment, Writ of Habeas Corpus, Judicial Review, Admission to CONREP, Revocation of CONREP
-Restoration to Sanity (Pen. Code, § 1026.2)
-Sexually violent predators, pre-trial and post-trial issues (assigned to Department 95B)
Miscellaneous Proceedings
-Firearms- Returns/ Restoration of Right to Own, Possess, Control, Etc. (Welfare & Institutions Code, §§ 8100, 8102, 8103) For persons placed on 14-day holds and Temporary conservatorship.
(Rule 2.5(h) [as (g) 1/1/99, 1/1/2001, 7/1/01] renumbered and effective 1/1/08.)
(i) Probate Department. All actions, proceedings and procedures arising under the probate code.
Any other action, proceeding or procedure which by statute is to be heard in the probate department or by a judge hearing probate matters. (See, e.g., proceedings to establish record of birth, death or marriage under Health & Safety Code, § 10550 et seq.)
Compromise of minor's claim prior to trial; but only if the judge who participated in a conference at which the compromise was accomplished is unavailable -otherwise the matter is to be heard and determined by such judge; provided, however, that if the court makes an order under Probate Code section 3602 or 3611 that money be put in a special needs trust in satisfaction of a claim and/or judgment for the benefit of a minor or an incompetent person, the terms of the trust shall be reviewed and approved by the Probate Department.
All proceedings to make a withdrawal from an account blocked for the benefit of a minor or an incapacitated person.
(Rule 2.5(i) [originally as (h) 1/1/95] renumbered and effective 1/1/08.)
(j) Writs and Receivers Department.
(1) The following proceedings, when filed in or transferred to the Central District, are assigned to Department 85 or to Department 86 for all purposes:
- Cemetery, petition to replat or vacate (Health and Safety Code, §§ 8701-8715);
- Common Interest Development, petition to reduce votes required to amend declaration of covenants and restrictions (Civil Code, § 1356);
- Contempt, order to show cause and trial (see Rule 9.7);
- Corporations, petition to take jurisdiction over voluntary winding up (Corp. Code, § 1904), involuntary winding up of corporation (Corp. Code, § 1806), after a decree or stipulation of winding up, and petition to fix value of shares (Corp. Code, § 2000);
- Declaratory relief, when joined with a petition for a writ of review, mandate or prohibition;
- Director, petition to appoint provisional director (Corp. Code, § 308);
- Director, petition to determine election (Corp. Code, § 709);
- Insurance company, insolvency proceedings;
- Late claim proceeding (Gov. Code, § 946.6), unless the underlying case has been filed and is pending, in which case the petition is to be heard in the department to which the underlying case is assigned;
- Law practice, assumption of jurisdiction over (Bus. & Prof. Code, §§ 6126.3, 6180.2 and 6190)
- Limited liability company, petition ordering winding up (Corp. Code, §§ 17352(b), 17353(b));
- Limited partnership, petition ordering winding up (Corp. Code, § 15683);
- Mandate, all matters pertaining thereto (except those assigned to the Appellate Division by subsection (a)(1) of this rule);
- Partnership, application for judicial supervision of winding up (Corp. Code, § 16803);
- Prohibition, all matters pertaining thereto (except those assigned to the Appellate Division by subsection (a)(1) of this rule);
- Review, petition for writ, all matters pertaining thereto (except those assigned to the Appellate Division by subsection (a)(1) of this rule);
(2) In all civil actions that are assigned for all purposes to an unlimited jurisdiction trial department in the Central District, the following procedures are to be noticed and heard in Department 85 or Department 86:
a) An application for an order to show cause re preliminary injunction, with or without a temporary restraining order, in an unlimited civil case, made before the initial status conference or case management conference has been held in the trial department to which the case has been assigned for all purposes;
b) An application for an order shortening time to make a motion for a preliminary injunction in an unlimited civil case, made before an initial status conference or case management conference has been held in the trial department to which the case has been assigned for all purposes;
c) An application for the appointment of a receiver and all matters pertaining thereto, except the appointment of a receiver pursuant to a provision for the assignment of rents and profits contained in a deed of trust;
d) A demurrer or motion that is heard while an application for a preliminary injunction or the appointment of a receiver is pending in Department 85 or 86.
(3) An application for the appointment of a receiver pursuant to a provision for the assignment of rents and profits contained in a deed of trust, and all matters pertaining thereto, are assigned to Department 59 or Department 66. If a receiver is appointed by either of those departments, the causes of action in the underlying complaint for judicial foreclosure or specific performance of a provision in a deed of trust for assignment of rents and profits, are assigned for all purposes to Department 59 or Department 66, notwithstanding other provisions of these rules.
(4) A noticed motion for a preliminary injunction in which an order shortening time is not sought, or is sought and denied, is to be heard in the civil department to which the case is assigned for all purposes.
(5) An application for a preliminary injunction, with or without a temporary restraining order, and with or without an application for an order shortening time, made after an initial status conference or case management conference has been held, is to be heard in the civil trial department to which the case is assigned for all purposes.
(6) An application for a preliminary injunction, with or without a temporary restraining order, in a limited jurisdiction case, is assigned to the department to which the limited jurisdiction case is assigned.
(7) A motion to dissolve or modify a preliminary injunction, made after an initial status conference or case management conference has been held, is assigned to the civil trial department to which the case is assigned for all purposes.
(8) An application for an injunction in connection with a civil harassment petition (Code Civ. Proc., §§ 527.6 & 527.8), with or without a temporary restraining order, is assigned to Department 76 (see subsection (g) of this rule).
(Rule 2.5(j) [as (i) 1/1/99, 1/1/2001, 7/1/2001, 1/1/2003, 7/1/05, 1/1/06, 7/1/06] renumbered, amended and effective 1/1/08.)
(k) Class Actions.
All class actions shall be filed in Central District (see LASCR, Rule 2.0(b)). Class actions are assigned to the judge in the Central District designated by the Presiding Judge. Such designated judge shall review each class action case to determine if it should be considered complex pursuant to California Rules of Court, rule 3.400. The class action case will thereafter be re-assigned to an appropriate Central District department for all proceedings connected with the case.
(Rule 2.5(k) [Original Class Actions Department REPEALED in conformance with CRC,
as new subdivision (j) transferred from 15.1, 7/1/2002, 7/1/03] renumbered, amended and effective 1/1/08.)
(l) Asbestos Litigation. The Los Angeles Asbestos Litigation has been determined to be complex litigation within the meaning of California Rules of Court, Standards of Judicial Administration, Standard 3.10. A file entitled "In re Los Angeles Asbestos Litigation-General Orders," File No. C 700000, has been established by the Court. All orders issued and filed in said general order file shall apply to the entire Los Angeles Asbestos Litigation.
(Rule 2.5(l) Asbestos Department [originally as (k) 1/1/94] renumbered, re-titled, amended and effective 1/1/08.)
(m) Conciliation Department. All matters referred.
(Rule 2.5(m) Conciliation Department [originally as (l) 1/1/94] renumbered and effective 1/1/08.)
(n) Juvenile Department.
- Emancipation of minors, petition for;
- Habeas corpus, minor under 18, under arrest, petition for;
- Juvenile Court Law, proceedings under the;
- Medical treatment for minors, petition to provide;
- Parental custody and control, petitions to free a minor from, filed by Department of Adoptions and proceedings to determine the necessity of parental consent directly related thereto;
(Rule 2.5(n) Juvenile Department [originally as (m) 1/1/94] renumbered and effective 1/1/08.)
(o) Attachments and Writs of Possession Department.
- Attachment, application for and other proceedings in connection with;
- Possession, application for writ of and other proceedings in connection with.
(Rule 2.5(o) Attachments and Writs of Possession Department [originally as (n) 1/1/94] renumbered and effective 1/1/08.)
(p) Long Cause Cases. A long cause case is defined as one that will take at least twenty court days to try, excluding jury selection and jury deliberation.
(1) Assignment of case for trial. Long cause cases are the primary responsibility of the judicial officer assigned the case in the district of origin. If the case cannot be tried in the district of origin, the case may be transferred to the Supervising Judge in Central Civil West for assignment to a trial judge.
(2) Screening of case. Each case will be screened by the judicial officer assigned to the case and by the Supervising Judge or his/her designee, to determine if the case meets the duration requirement.
(3) No case will be transferred until all of the following have occurred:
a) All discovery, including expert discovery, has been concluded;
b) All motion practice has been concluded, except motions in limine;
c) The case is completely ready for trial.
(4) The Supervising Judge in Central Civil West shall also screen the case to ensure that the case meets the duration requirement. If the case does not, then the case shall be sent back to the Supervising Judge or his/her designee. (Rule 2.5(p) as (o) new and effective 1/1/99.)
(5) Each Assigned Judge shall have prepared a daily activity minute order reflecting the judge's activity for that day. A copy of the daily activity minute order shall be sent each day via E-mail to the Assistant Presiding Judge and a copy shall be sent to the Supervising Judge in Central Civil West. (Rule 2.5(p)(5) as (o)(5) new and effective 7/1/99.)
(Rule 2.5(p) Long Cause Cases [originally as (o) 1/1/99, 7/1/99] renumbered and effective 1/1/08.)
(Rule 2.5 [1/1/94, 1/1/95, 1/1/99, 7/1/99, 1/1/2000, 4/1/2000, 1/1/2001, 7/1/2001,
1/1/2002, 7/1/2002, 1/1/2003, 7/1/03, 1/1/04, 1/1/05, 7/1/05, 1/1/06, 7/1/06, 1/1/07
(p) Temporary Restraining Order & Preliminary Injunction Central District REPEALED 1/1/08] renumbered, amended and effective 1/1/08.)
2.6 COURT COMMUNICATION PROTOCOL FOR DOMESTIC VIOLENCE AND CHILD CUSTODY ORDERS
(a) Purpose. This rule sets forth the court communication protocol for Domestic Violence and Child Custody Orders as required by the California Rules of Court. This protocol is intended to avoid the issuance of conflicting orders when possible, and to permit appropriate visitation between a restrained person and his or her child while providing for the safety of all victims and witnesses. Furthermore, the best interests of the child, litigants and the court are promoted by early identification and coordination of proceedings involving the same child or the child's caretaker(s). To that end, this rule is also designed to ensure that all bench officers have information about the existence of overlapping cases. This rule recognizes the statutory requirement that criminal protective orders have precedence of enforcement over all other contact orders; however, it acknowledges that there are situations where it is appropriate to permit visitation between a criminal defendant and his or her child.
(b) Notice of Pending Cases and Orders.
1) Court Inquiry. Before issuing a criminal or non-criminal protective order, or a custody or visitation order, the court should inquire of the parties and the attorneys whether there are any cases in Los Angeles Superior Court in which there are criminal or civil protective orders, or custody and visitation orders that involve the child of the parties in the current case.
2) Attorneys and Self-Represented Parties in Dependency, Family and Probate Cases. All attorneys and self-represented parties involved in dependency, family law, and probate cases shall inform the court about any cases in another court in which there are criminal or non-criminal protective orders or custody and visitation orders that involve the child of the parties in the current case. The information shall be provided to the clerk on the appropriate Judicial Council form or on Los Angeles Superior Court Form UCF 001, Notice of Other Cases Involving Minor Children (LASC Local Rule 2.6).
3) Prosecuting Attorneys. Pursuant to Penal Code section 273.75, the district attorney or city attorney shall investigate whether there are any criminal or civil protective orders or custody and visitation orders that involve a child of a participant in a domestic violence charge. Prosecuting attorneys shall inform the court whether or not there are any existing orders by submitting the appropriate Judicial Council form or on Los Angeles Superior Court Form UCF 001, Notice of Other cases Involving Minor Children (LASC Local Rule 2.6) to the clerk in the case.
(Rule 2.6(b) [7/1/05] (2) & (3) amended and effective 1/1/06.)
(c) Communication Between Courts.
1) Communication Regarding Existing Cases in Other Departments. When any court becomes aware of the existence of another case involving the same child, the court staff in that court shall notify the appropriate court staff in the other court. Court administrators shall ensure that the appropriate trial courts receive written notice of overlapping cases. Prior to conducting a hearing in the matter, the trial judge will review the overlapping orders, if appropriate. Notice will be provided to the parties of the overlapping orders reviewed by the judicial officer.
2) Communication Regarding Protective Orders.
i) Criminal Protective Orders. When the criminal court issues a protective order against a defendant who has a pending dependency, family, or probate case, the criminal court shall send a copy of the protective order to the appropriate court administrator who will send it to the trial court with the overlapping case.
ii) Temporary or Permanent Non-Criminal Restraining Orders. When either the Family Court or Dependency Court issues a temporary or permanent restraining order and the restrained person or the protected person has another pending dependency, family, probate, orcriminal case, the Family Court or Dependency Court shall send a copy of the protective order to the appropriate court administrator who will send it to the trial court with the overlapping case.
(Rule 2.6(c) [7/1/05] "1)" amended and effective 1/1/06.)
(d) Modification of Criminal Protective Orders.
1) Notice to Criminal Court. When a criminal court protective order exists and a judicial officer in another court has a case in which he or she determines that it is appropriate to permit visitation different than that provided for in the criminal protective order, the court clerk for that judicial officer shall contact the court clerk for the judicial officer currently assigned to the criminal case to inform the criminal court that a modification is requested. The criminal court clerk shall notify the clerk of the judicial officer who is requesting the modification that his or her request and proposed modification have been received.
2) Notice to Parties. The criminal court shall notify in writing all parties to the criminal case about the modification request and the proposed modification. If, within 15 days of mailing or other delivery of notice, there is no objection to the proposed modification, the criminal protective order shall be modified as requested. If the criminal court or either party in the criminal case objects to the proposed modification, the criminal court shall set a hearing to be heard within 30 days. The criminal court shall provide notice of the hearing to the parties in its case, as well as to the judicial officer requesting the modification who, in turn, shall provide notice to all parties to the juvenile, family or probate case. All noticed parties may be heard at the modification hearing. The criminal court shall notify the requesting court of its ruling on the proposed modification.
(Rule 2.6(d) [7/1/05] "2)" amended and effective 1/1/06.)
(e) Definition. A child is a "child of the party" if that party is a biological parent, has legal or physical custody or is a legal guardian or the child regularly resides with the party.
(Rule 2.6 [originally, COORDINATION OF CUSTODY PROCEEDINGS
1/1/94, 7/1/94, 7/1/99, title and text REPEALED, new title and text added and effective 7/1/05]
amended and effective 1/1/06.)
2.7 CONFIDENTIALITY OF CONCILIATION DEPARTMENT (COURT) PROCEEDINGS
See Rule 14.5.
(Rule 2.7 [1/1/94] REPEALED 1/1/95.)
2.8 RESERVED
(Rule 2.8 "BRIDGE" RULE FOR LOS ANGELES COUNTY SUPERIOR AND MUNICIPAL COURTS [10/1/98, 4/1/2000] REPEALED 11/01/00.)
|
