3.0 JUDGMENTS (See Also LASCR, rule 8.96)
(a) Original and Copy. Whenever a proposed judgment is submitted to the court, the original shall be accompanied by a complete, legible copy. If the judgment provides for the payment of child support through a public officer, the original of the proposed judgment shall be accompanied by three copies thereof.
(b) Court Trustee. The Auditor-Controller of the County of Los Angeles is hereby designated as the officer of the county to whom support payments shall be made when the court orders such payments to be made through a court trustee.
(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 execution of such necessary documents by the proper party shall be ordered. In such case, the Clerk of the Court, or his/her designee, on order of the court, shall have the authority to execute such necessary documents, as are specified in the court’s order, in the event of the failure of the obligated party to do so within a specified period of time.
(d) Entry of Judgments, Orders and Decrees. Judgments, orders and decrees rendered by the court, which are required by law to be entered, shall be entered by the clerk in judgment books kept by him/her either in the Public Services Division, of the Central District, or the clerk’s office in each of the several districts. The judgment, order or decree shall be entered in the judgment books in the district wherein the same was rendered and no other entry thereof shall be required.
(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 should provide that sale of the goods should first take place pursuant to U.C.C. Section 9504 and thereafter the proceeds of the sale should be credited against the normal amount owed prior to issuance of a writ of execution on the balance of the amount owed.
(f) Forms. Judgment forms should be used whenever appropriate. A specially prepared judgment, if appropriate in form and content, is acceptable. When a lengthy or detailed judgment is necessary, or when different relief is sought against different defendants, a specially prepared judgment should be used.
(Rule 3.0 [1/1/94] amended 7/1/95,
REPEALED in part, renumbered, and effective 7/1/98.)
3.1 POST-JUDGMENT ORDERS (Rule 3.1,Title amended and effective 7/1/95.)
(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 Section 708.710 et seq. of the Code of Civil Procedure shall state the amount of money and date it was deposited with the clerk, any amount previously received by the applicant and whether any claim of exemption or motion to vacate the judgment has been filed. The amount of money on deposit shall be endorsed on the application by the clerk of the court.
(b) Property Otherwise Deposited.
An application to receive personal property or money, other than that deposited under Sections 708.710 - 708.795 of the Code of Civil Procedure, shall state when, why and by whom it was deposited; any term or condition of the deposit, the name and address of every person claiming any interest therein and the reason the claimant is entitled to receive it. The amount of money or description of the property on deposit shall be endorsed on the application by the clerk. The judge or commissioner may require the applicant to proceed by motion on notice to all interested persons.
(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 shall set out the pertinent provisions of the order or judgment, the total amount which has been paid, the amount of principal then due and the particulars as to any interest claimed. If the applicant is an assignee of the original creditor, the application shall set forth also the assignment and the date of service or notice thereof to the judgment debtor.
(Rule 3.1 [1/1/94, 7/1/95] REPEALED in part, and effective 7/1/98.)
3.2 ATTORNEY'S FEES
(a) Contract Provision or Note.
When a promissory note or contract provides for the recovery of (or a statute authorizes the clerk to enter) a reasonable attorney fee, the following schedule shall (unless otherwise determined by the court) be applied to the amount of the new judgment exclusive of costs:
Default case:
$0.01 to $1,000, 15% with a minimum of $75.00;
$1,000.01 to $10,000, $150 plus 6% of the excess over $1,000;
$10,000.01 to $50,000, $690 plus 3% of the excess over $10,000;
$50,000.01 to $100,000, $1890 plus 2% of the excess over $50,000;
Over $100,000, $2,890 plus 1% of the excess over $100,000.
Contested case (unless otherwise determined by the court):
$0.01 to $1,000, 15% with a minimum of $100;
$1,000.01 to $10,000, $150 plus 8% of the excess over $1,000;
$10,000.01 to $50,000, $870 plus 6% of the excess over $10,000;
$50,000.01 to $100,000, $3,270 plus 4% of the excess over $50,000;
Over $100,000, $5,270 plus 2% of the excess over $100,000.
(b) Mortgage or Trust Deed.
When a mortgage or trust deed is foreclosed which provides for the recovery of a reasonable attorney fee, the applicable fee in (a) above shall be increased by 10%.
(c) Foreclosure of Assessment or bond lien.
When the lien of a street or other assessment or of a bond issued for the cost of a public improvement is foreclosed, the fee shall be computed as provided in 3.2(a) above of this rule, except that the minimum shall be $75.00 where only one assessment or bond is being foreclosed in the action, and $20.00 additional for the second and each additional assessment or bond.
(d) Itemization as to Extraordinary Services.
Any application for a fee in addition to a foregoing schedule because of extraordinary services shall be accompanied by an itemized statement of the services rendered or to be rendered.
(Rule 3.2,(d),sub-title amended and effective 7/1/95.)
(e) Services Benefitting a Minor. No
attorney’s fee for services rendered on behalf of a minor shall be allowed in any action or a contract therefor approved except upon application in open court after notice to his/her guardian and to each of his/her parents and, if the minor is over 14 years of age, to the minor also.
(Rule 3.2 [1/1/94, 7/1/95] REPEALED in part, and effective 7/1/98.)
3.3 APPLICATION FOR RECONSIDERATION OF, TO VACATE, OR TO ENTER NUNC PRO TUNC ORDERS
Every application for the entry nunc pro tunc or the vacation of an order or judgment after the hearing of the matter, and any motion for the reconsideration of an order as to a demurrer, motion or discovery shall be presented to the judge who made the order and if he/she is not available, to the Presiding Judge or the Assistant Presiding Judge in the Central District, or, if the case is filed in another district, (a) to the Site Judge for the courthouse in which the case is filed if the case is filed in a courthouse that has a Site Judge or (b) to the Supervising Judge for the district in which the case is filed if the case is filed in a courthouse that does not have a Site Judge.
(Rule 3.3 [1/1/94] amended and effective 11/01/00.)
3.4 JUDGMENT DEBTOR PROCEEDINGS
(a) Application.
(1) A natural person must be named on the order on behalf of a corporation, company, partnership or other business entity, unless the court for good cause shown in a written declaration, otherwise orders.
(2) The clerk will choose the date for appearance in accordance with LASCR, Rule 9.23.
(3) A copy of the judgment must be provided with the application.
(4) All applications must be filed in the District which entered the judgment. If judgment debtor proceedings are being conducted in the courthouse where the judgment was entered, all applications must be filed in that courthouse. If not, all judgment debtor proceedings must be filed in the courthouse in which the supervising judge is located.
(Rule 3.4(a)(4) amended and effective 11/01/00.)
(b) Proof of Service.
(1) After service of the notice and application, all orders issued pursuant to Code of Civil Procedure sections 708.110, 708.120, or 708.130, with proof of service, shall be filed directly with the Clerk in the assigned department no later than 4:00 p.m., three (3) Court days immediately preceding the hearing date, unless otherwise ordered by the Court.
(2) Failure to comply with this Rule will result in the proceedings being taken off calendar without costs being awarded to the party who secured the order. No further hearing shall be scheduled earlier than 120 days from the date of the originally scheduled hearing, except for good cause shown in a written declaration.
(c) Failure To Appear At Hearing By Applicant.
(1) If the party or attorney who procured the order fails to appear, but the person, firm, entity or corporation named in the order appears, the proceeding shall be taken off calendar without costs.
(2) No new order shall be set for hearing earlier than 120 days from the date of the originally scheduled hearing, except for good cause shown in a written declaration.
(d) Failure to Appear At Hearing By Citee.
If the party cited in the order fails to appear at the time and place specified in the order, and the proceeding has not been dismissed or taken off calendar, a warrant for the arrest of the party may be issued, provided:
(1) The Court on the first failure to appear, except for good cause shown, shall issue and hold the warrant of arrest to the next available date and order the party requesting the warrantof arrest to give written notice to the non-appearing party informing him or her that an arrest warrant will issue if the non-appearing party does not appear for examination on the continued date.
(2) The party requesting the warrant of arrest pays forthwith the service fee required by Section 26744 of the Government Code (applies when the arrest warrant is issued and not held).
(e) Continuance.
The hearing date for the examination of a judgment debtor or other person will not be continued except by an appearance on the date of the examination with either a valid proof of service or the presence of the person to be examined in order for the Court to retain jurisdiction.
(f) Claims Of Non-Service.
If the party ordered to appear denies service of the order for appearance, the court shall conduct a hearing solely to determine if proper service was made. If appropriate, the Court will continue the examination to permit any party to present evidence in support or in opposition to the claim of non-service. If the Court determines that service was not made it shall immediately dismiss the proceedings without costs.
(g) Claims That Statements In The Application Are Untrue.
When the truth of material facts set forth in the application filed in support of any order issued pursuant to Code of Civil Procedure sections 708.110, 708.120, or 708.130 is disputed by the person, firm or corporation to whom said order was directed, the Court shall first hear and determine the dispute. If it appears that material facts set forth in the application are untrue, the Court shall immediately dismiss the proceedings without costs.
(h) Examination After Voluntary Appearance.
No rule set forth herein, or any part of any such rule shall prevent the examination and discharge of any person, firm or corporation who voluntarily appears and submits to examination.
(Rule 3.4 [1/1/95, 7/1/98] amended and effective 11/01/00.)
3.5 WRITS OF EXECUTION, POSSESSION AND SALE
(a) A party who makes an application for a writ of execution, possession or sale shall prepare and complete the following papers for the court:
(1) Application for Issuance of Writ of Possession/Sale/Execution and Order.
(2) The writ of possession, sale or execution completed in full except for the seal and signature of the deputy clerk.
(b) The completed application and writ shall be presented to the Office of the Clerk as follows:
(1) Central District: Judgments Section, Room 426.
(2) Other Districts: In the department or office designated by the Supervising Judge.
(Rule 3.5 [1/1/97, 7/1/98] REPEALED in part, and effective 7/1/04.)
3.6 WRIT OF EXECUTION ON A DWELLING
(a) Application for an order for sale of a Dwelling requires competent evidence of the following:
(1) The fair market value of the property by a real estate expert.
(2) Litigation guarantee or title report that contains a legal description of the property, the names of the current owners, a list of all deeds of trust, abstracts of judgments, tax liens and other liens recorded against the property, whether a declaration of homestead has been recorded or whether a current homeowner's exemption or disabled veteran's exemption has been filed with the county assessor and, if so, the persons claiming such exemption.
(3) The amount of any liens or encumbrances on the dwelling and the names and addresses of the lienholders and when the judgment creditor's lien attached. The judgment creditor shall ascertain the precise amounts of obligations secured by senior liens by making a written demand for beneficiary statements from senior lienholders pursuant to Civil Code section 2943. The judgment creditor may need to conduct an examination pursuant to Code of Civil Procedure sections 708.120 or 708.130 to determine the precise amounts of the junior liens. The daily rate of interest due on the senior and junior liens and encumbrances of record shall be included also.
(Rule 3.6,(a),(3) [as Rule 3.5(a)(3) 1/1/96] amended and effective 1/1/98.)
(4) The date of service on the judgment creditor of the notice from the levying officer that the dwelling was levied upon shall be stated in the application for order of sale.
(b) Order:
The Court clerk will provide judgment creditor with a certified copy of the Court order for transmittal to the levying officer and if the judgment was entered in another Court a certified copy of the order for transmittal to the Clerk of the Court in which the judgment was entered.
(c) Notice of Right to Rehearing.
Where the judgment debtor or judgment debtor’s spouse does not appear either in person or through an attorney, judgment creditor shall comply with Code of Civil Procedure section 704.790.
(Rule 3.6 [originally added as Rule 3.5 1/1/95, renumbered as Rule 3.6 1/1/97, 7/1/95, 1/1/96, 1/1/97, 1/1/98] REPEALED in part, and effective 7/1/98.)
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