PROPOSED REVISIONS TO LOCAL COURT RULES€¦ · PROPOSED REVISIONS TO . LOCAL COURT RULES . Pursuant to California Rules of Court, Rule 10.613(g), the following proposed amendments

SHERRI R. CARTER EXECUTIVE OFFICER / CLERK

111 NORTH HILL STREET LOS ANGELES, CA 90012-3014

November 16, 2016

PROPOSED REVISIONS TO LOCAL COURT RULES

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

• Rule 2.7 ASSIGNMENT OF MATTERS TO CENTRAL DEPARTMENTS Change or clarify assignment of small claims trials, mental competency trials, surrogacy, and motions for temporary restraining orders and preliminary injunctions.

• Rule 3.231 PREROGATIVE WRITS Add requirements regarding preparation of the record and trial notebooks in writ proceedings.

• Rule 5.22 MINOR’S CONTRACT PROCEDURE Amend rule to clarify that all requests to withdraw must have an appropriate declaration.

• Rule 8.42 PRO PER DEFENDANTS IN CRIMINAL CASES Amend rule to deter abuse of the legal runner privilege and expedite the resolution of criminal cases where the defendant has been allowed to represent themselves.

The proposed amendments were reviewed and approved by both the Los Angeles Superior Court’s Rules Committee and Executive Committee. Comments must be submitted via email at [email protected], or in writing, to: Janet Garcia, Room 620, Management Research Unit, Los Angeles Superior Court, 111 North Hill Street, Los Angeles, CA 90012. Comments must be received no later than 5:00 p.m. on January 3, 2017. View LASC Local Rules at http://www.lacourt.org

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

Rule 2.7 – Staff Edits 11/7/2016

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2.7 ASSIGNMENT OF MATTERS TO CENTRAL DISTRICT DEPARTMENTS 1

Subject to the authority of the Presiding Judge to apportion the work of the court, the following 2

actions, proceedings, and procedures are assigned in the Central District as follows: 3

(a) APPELLATE DIVISION: 4

Appeals from judgments and orders in misdemeanor, .................................. Appellate Division 5

infraction, and limited civil cases (except small claims cases), from anywhere 6

in the County. Petitions for writs of mandate, prohibition and review, in 7

misdemeanor, infraction and limited civil cases, from anywhere in the County. 8

Habeas corpus petitions filed in conjunction with............................................... Department 70 9

misdemeanor, infraction or limited civil appeals. Evidentiary hearings may be 10

assigned to the Criminal Division by the Criminal Division Supervising Judge 11

upon request of Department 70. 12

(b) CIVIL DIVISION: 13

(1) General Unlimited Civil Cases and Proceedings: 14

(A) Attachment and Writ of Possession Matters: .......... Department 82, 85, or 86 15

................................................................... See Local Rule 2.7(b)(1)(G) 16

- Writs of attachment, application for and other 17

proceedings in connection with, 18

- Writs of possession, application for and other 19

proceedings in connection with, 20

Hearing fees required by the court’s Schedule of 21

Fees must be paid in Room 102, Mosk Courthouse before filing papers in the 22

pertinent department. 23

(B) Civil Harassment Petitions: 24

Civil Harassment Petitions ..................................................... Department 75 25

(C) Eminent Domain: 26

All eminent domain or ................................................ Direct Calendar Courts 27

inverse condemnation cases will be assigned to a direct calendar court for “all 28

purposes,” including post-judgment motions to enforce the judgment and 29

applications to withdraw funds on deposit after the case has been closed. 30

(D) Guardian ad Litem appointments: 31

Guardian ad litem appointments for a particular case ...................................... check the court’s website 32

Petitions for general guardianships and not for a particular case.................................. Probate Division 33

(E) Long Cause Cases: 34

A “long cause case” is defined as a trial that will take 35

at least twenty court days, excluding jury selection and jury deliberation. Long 36

cause cases are the primary responsibility of the direct calendar judge or other 37

judge initially assigned to try the case. If that judge cannot try the case due to 38

its length, it may be transferred to the Supervising Judge of the Civil Division 39

for assignment to a long cause trial judge sitting in the Central District. 40

(F) Supplemental and Miscellaneous Proceedings: 41

Enforcement of Judgment Proceedings: 42

All enforcement of judgment proceedings ............... check the court’s website 43

except contempt proceedings and appointment of receiver after judgment. Examples of enforcement 44

of judgment proceedings include: 45

- Application for post-judgment examination hearings 46

- Charging orders 47




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- Claim of exemption hearings 48

- Court order of sale for real property dwelling pursuant to a writ of 49

execution 50

- Debtor examination hearings 51

- Hearing on third party claims pursuant to writ of execution 52

- Motions for assignment orders 53

- Third party examination hearings 54

- See also, Code of Civil Procedure sections 680.010 through 720.800 55

Escheat, hearings on petitions for relief ........................................................... check the court’s website 56

Ex parte orders shortening time in Department 1 ............................................ check the court’s website 57

In forma pauperis applications for civil limited and ....................................... check the court’s website 58

unlimited actions (except family law and probate) 59

and for appeals to the appellate court 60

In forma pauperis applications for small claims .............................................. check the court’s website 61

Name change, petitions and hearings ............................................................... check the court’s website 62

Newspaper, petition to establish standing ........................................................ check the court’s website 63

Publication of summons, application and orders for ....................................... check the court’s website 64

Service on Secretary of State of summons on corporation, ............................ check the court’s website 65

application and orders for 66

Voter information, petition to declare confidential .......................................... check the court’s website 67

(Elections Code, § 2166) 68

(G) Writs and Receivers Matters and Special Proceedings: 69

Matters assigned to Department 82, 85 or 86 (the “writs and receivers 70

departments”) for all purposes pursuant to this rule will be assigned by the clerk at the time of filing, 71

using a random system to insure that no party or person can control or determine in advance to which 72

department a case is assigned. 73

Matters assigned for all purposes to an unlimited civil trial department, in 74

which certain applications/motions (provisional remedies) are to be heard in a writs and receivers 75

department pursuant to this rule, will be heard in Department 85 if the case number ends in 1, 2, 3, or 76

4, in Department 86 if the case number ends in 5, 6, or 7, and in Department 82 if the case number 77

ends in 8, 9, or 0. Where two or more cases have been ordered related pursuant to Local Rule 3.3(f), 78

the writs and receivers department assigned to the lowest numbered case will hear the provisional 79

remedies application/motions for the related cases. 80

Ex parte matters are heard daily in all three departments at 8:30 a.m. 81

(i) Injunctive Relief, Unlimited Civil Cases: 82

In all unlimited civil cases, except for Personal Injury Actions as defined in Rule 83

2.3(a)(1)(A), the following matters are to be heard in the direct calendar court: 84

— A noticed motion for a preliminary injunction, no matter when made; 85

— An ex parte application for an order shortening time for hearing on a motion for a preliminary 86

injunction, made after the first scheduled date for an initial status conference or case 87

management conference has been held; 88

— An ex parte application for a temporary restraining order, or an application for an order to show 89

cause re preliminary injunction, made after the first scheduled date for an initial status 90

conference or case management conference has been held; 91

— Any noticed motion or ex parte application to dissolve or modify a preliminary injunction made 92

after the first scheduled date for an initial status conference or case management conference 93

has been held; 94




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In all unlimited civil cases, the following matters are heard in the writs and receivers 95

departments: 96

— An ex parte application for a temporary restraining order, or an application for an order to show 97

cause re preliminary injunction, made before the first scheduled date an initial status conference 98

or case management conference has been held in the direct calendar court; 99

— An ex parte application for an order shortening time for hearing on a motion for a preliminary 100

injunction, made before the first scheduled date for an initial status conference or case 101

management conference has been held in the direct calendar court. If the application for 102

shortened time is granted, the motion for preliminary injunction shall also be heard in the 103

pertinent writs and receivers department; 104

— An ex parte application or noticed motion for injunctive relief or appointment of a receiver in a 105

Personal Injury Action whenever made; 106

— A demurrer or motion heard while an application for a preliminary injunction or motion for the 107

appointment of a receiver is pending in a writs and receivers department. 108

(ii) Receivers: 109

— A motion for the appointment of a receiver (and all matters pertaining to the receivership) is 110

assigned to the writs and receivers departments; 111

(iii) Special Proceedings Heard in Writs and Receivers Departments 112

The following special proceedings, when filed in or transferred to the Central District, 113

are assigned to the writs and receivers departments for all purposes: 114

- Cemetery, petition to replat or vacate (Health and Safety Code, §§ 8701-8715); 115

- Common interest development, petition to reduce votes required to amend declaration of covenants 116

and restrictions (Civil Code, §1356); 117

- Contempt, order to show cause and trial (see Local Rule 3.11); 118

- Corporations, petition to take jurisdiction over voluntary winding up (Corp. Code, § 1904), 119

involuntary winding up of corporation (Corp. Code, § 1806), after a decree or stipulation of 120

winding up, and petition to fix value of shares (Corp. Code, § 2000); 121

- Declaratory relief, only when joined with a petition for a writ of review, mandate or prohibition; 122

- Director, petition to appoint provisional director (Corp. Code, § 308); 123

- Director, petition to determine election (Corp. Code, §§ 709, 5617, 7616 and 9418); 124

- Insurance company, insolvency proceedings; 125

- Late claim proceeding (Gov. Code, § 946.6), unless the underlying case has been filed and is pending, 126

in which case the petition is to be heard in the direct calendar court to which the underlying case 127

is assigned; 128

- Law practice, assumption of jurisdiction over (Bus. & Prof. Code, §§ 6126.3, 6180.2 and 6190) 129

- Limited liability company, petition ordering winding up (Corp. Code, §§ 17352(b), 17353(b)); 130

- Limited partnership, petition ordering winding up (Corp. Code, § 15683); 131

- Mandate, petition for writ of (except where assigned to the Appellate Division by these rules); 132

- Partnership, application for judicial supervision of winding up (Corp. Code, § 16803); 133

- Prohibition, petition for writ of (except where assigned to the Appellate Division by these rules); 134

- Review, petition for writ of (except where assigned to the Appellate Division by these rules); 135

(2) Limited Civil and Small Claims Cases and Proceedings 136

(Including Small Claims Appeals and Unlawful Detainer Cases): 137

- Appeals of administrative hearings (including parking appeals). ................. check the court’s website 138

- Assignment orders, application for ............................................................... check the court’s website 139

- Claim of exemption ...................................................................................... check the court’s website 140

- Non-unlawful detainer default prove-ups ..................................................................... Department 77 141

- Dissolve or modify preliminary injunction, motion to ........................................... Department where 142




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case is assigned 143

- Ex parte applications (limited civil) ............................................................................. Department 77 144

- Law and Motion (limited civil) ..................................................................................... Department 77 145

- Minor’s compromise hearings ...................................................................................... Department 77 146

- Post-judgment debtor and third party examinations ..................................... check the court’s website 147

- Publication of summons, application ........................................................... check the court’s website 148

and orders for 149

- Receiver, application for appointment of ...................................................... Department 82, 85 or 86 150

- Service on Secretary of State of summons on ............................................. check the court’s website 151

corporation, application and orders for 152

- Small claims trials ...................................................................... Department 90 and Department 1A 153

- Third party examination hearings. ................................................................ check the court’s website 154

- Unlawful detainer law and motion ................................................................................ Department 94 155

- Writs of attachment, application for and......... Department 82, 85 or 86. See Local Rule 2.7(b)(1)(G) 156

other proceedings in connection with 157

- Writs of possession, application for and ......... Department 82, 85 or 86. See Local Rule 2.7(b)(1)(G) 158

other proceedings in connection with 159

(c) CRIMINAL DIVISION and MENTAL HEALTH MATTERS: 160

(1) Criminal matters: 161

– Arraignments, felony complaints ............................................................................... Division 30 CJC 162

Division 69 Metro 163

Division 5 East LA 164

– Arraignments, misdemeanor complaints .............................................................................. All courts 165

Metropolitan Branch: 166

Dept’s 60 and 66 for City Attorney filings 167

Dept’s 62, 65 and 68 for District Attorney filings 168

East LA: Inquire at courthouse 169

– Certificate of rehabilitation and pardon, petition for .................................................. Department 100 170

– Corum nobis, petition for writ of ..................................................... Department where case is or was 171

last pending 172

– Exhume a body for criminal investigation .................................................................. Department 100 173

– Expungements - felony cases Clara Shortridge Foltz Courthouse 174

(CJC) only ......................................................................................................... Department 100 175

– Expungements - misdemeanor cases CJC only ............................................................ Department 56 176

– Firearm return/restoration of right to own, etc. 177

(Welf. & Inst. Code, §§ 8100, 8103) ................................................................... Department 95 178

– Firearm return, all other ................................................................... Department where case is or was 179

last pending 180

– Habeas corpus, involuntary commitment 181

(Welf. & Inst. Code, §§ 5254.1 and 5275) .......................................................... Department 95 182

– Habeas corpus, person held for extradition................................................................. Department 100 183

– Habeas corpus under the Hague Convention on 184

International Child Abduction ..................................................................... Department 2 Mosk 185

– Habeas corpus, all other ................................................................... See Local Rules 2.7(a) and 8.33. 186

– Insanity and mMental competence trials and hearings, felony cases: 187

prior to holding order........................................................................................... Department 95 188

after holding order ................................................................... Department where case assigned 189

– Insanity and mMental competence trials and hearings, 190




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misdemeanor and infraction cases ....................................................................... Department 95 191

– Mandate or prohibition in felony cases, 192

– prior to holding order .................................................................................................. Department 100 193

– after holding order ...................................................................................................... Court of Appeal 194

– Mandate or prohibition 195

– in misdemeanor and infraction cases ...................................................................... Appellate Division 196

– Mentally disordered sex offender proceedings under former 197

(Welf. & Inst. Code, § 6300) ............................................................................. Department 100 198

– Pro per privileges at variance with policy ........................................ Department where case pending 199

(2) Mental health matters 200

(A) Civil commitment proceedings - not LPS 201

– Developmental disability commitments ....................................................................... Department 95 202

(In Re Hop, Welf. & Inst. Code, § 6500) 203

– In Re Roger S. pre-commitment hearing....................................................................... Department 95 204

(B) Civil commitment proceedings - LPS 205

– Accountings, conservatorship ....................................................................................... Department 95 206

– Appeal of medication capacity findings and order 207

(de novo hearing) (Welf. & Inst. Code, § 5334(e)(1)) ......................................... Department 95 208

– Conservatorship 209

(Welf. & Inst. Code, § 5350) ............................................................................... Department 95 210

– ECT capacity hearing 211

(Welf. & Inst. Code, §§ 5326.7, 5326.75) ........................................................... Department 95 212

– Ex parte petition for temporary conservatorship 213

by County Mental Health Director/Public Guardian ........................................... Department 95 214

– Mentally disordered person dangerous to others 215

proceedings (Welf. & Inst. Code, § 5300) ........................................................... Department 95 216

– Site-based certification review hearings 217

(Doe vs. Gallinot), (Welf. & Inst. Code, § 5256) ................................................ Department 95 218

– Site-based medication capacity hearings 219


(C) Criminally-related proceedings 221

– Commitment, judicial review ....................................................................................... Department 95 222

– Continued involuntary treatment, 223

mentally disordered offenders (Pen. Code, § 2972) ............................................ Department 95 224

– Extensions of commitment and re-commitment to California Youth Authority 225


– Firearm return/restoration of right to own, etc. 227

(Welf. & Inst. Code, §§ 8100, 8103) ................................................................... Department 95 228


– felony cases: prior to holding order .................................................................. Department 95 230

– after holding order .......................................................................... Court where case assigned 231


misdemeanor and infraction cases ....................................................................... Department 95 233

– Mentally disordered sex offenders proceedings 234

(former Welf. & Inst. Code, § 6300) ................................................................... Department 95 235

– Narcotic addiction (Welf. & Inst. Code, §§ 3050, 3051) .............................................. Department 95 236

– Petition to extend commitment and 237

re-commitment of defendant found not guilty by reason of insanity 238




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(Pen. Code, § 1026.5(b)) ..................................................................................... Department 95 239

– Petition to release following restoration to sanity 240

(Pen. Code, § 1026.2) .......................................................................................... Department 95 241

– Sexually violent predator, pre-trial and post-trial issues ...........................................Department 95B 242

– Sexually violent predator trial .................................................................................... Department 100, 243

for assignment to a trial court 244

(d) FAMILY LAW DIVISION: 245

Any matter arising under the Family Code, excluding emancipation of minors and 246

adoption, and other matters specifically assigned to other departments by these rules or order of court, 247

is assigned to the Family Law Division. Family Law Division courts in the Central District are direct 248

calendar courts, with the following exceptions: 249

- Child support cases ....................................................................................... See also Local Rule 5.25 250

- Defaults ........................................................................................................................... Department 2 251

- Domestic violence restraining orders.............................................................................. Department 8 252

- Guardianship of minors when related to a family law child custody proceeding 253

are also assigned to the Family Law Division ............................................. See also Local Rule 5.2 254

- Habeas corpus under the Hague Convention on International Child Abduction ............ Department 2 255

- Surrogacy ..................................................................................................................... Department 2 256

(e) JUVENILE DIVISION: 257

Any matter arising under the Juvenile Court Law is assigned to the Juvenile Division, 258

including: 259

- Emancipation of minors, petition for 260

- Habeas corpus, petition for writ of, minor under 18, under arrest 261

- Medical treatment for minor, petition to provide 262

- Parental custody and control, petition to free a minor from, filed by Department of Adoptions, and 263

proceedings to determine the necessity of parental consent directly related thereto 264

(f) PROBATE DIVISION: 265

Any matter arising under the Probate Code, and any other action, proceeding or procedure 266

which by statute is to be heard by a judge hearing probate matters is assigned to the Probate Division. 267

(See, e.g., proceedings to establish record of birth, death or marriage under Health & Safety Code, § 268

10550 et seq.) 269

Compromise of a minor's claim prior to trial in a civil case is assigned to the Probate 270

Division, if the direct calendar judge who participated in a conference at which the compromise was 271

accomplished is unavailable. If an application is made to the direct calendar judge for a special needs 272

trust for the benefit of a minor or an incompetent person under Probate Code section 3602 or 3611, the 273

terms of the trust shall be reviewed and approved by the Probate Division. 274

Any proceeding to make a withdrawal from an account blocked for the benefit of a minor 275

or an incapacitated person is assigned to the Probate Division. 276

A mental health proceeding will be heard as specified in subdivision 2.7(c). 277

(Rule 2.7 [7/1/2011, 12/21/2011, 1/1/2012, 7/1/2012, 5/17/2013, 7/1/2014, 7/1/2015] 278

amended and effective _________) 279




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3.231 PREROGATIVE WRITS 1

(a) Alternative Writ or Noticed Motion for a Peremptory Writ. A prerogative writ, also known 2

as an extraordinary writ, begins with filing a verified petition. (Code Civ. Proc., § 1096.) Mandamus 3

is the customary prerogative writ sought in the trial court. There are two means by which a party may 4

set a mandamus petition for trial: noticed motion for a peremptory writ and alternative writ. The 5

noticed motion procedure is strongly preferred by the court. 6

(b) Noticed Motion for a Peremptory Writ. A petitioner filing a noticed motion for peremptory 7

writ may file a verified petition for the writ and then serve it on the respondent and any real party-in-8

interest in the manner of serving summons and complaint. (Code Civ. Proc., § 1088.5.) 9

(1) Trial Setting Conference. The court will hold a trial setting conference at which it 10

will set the dates for record preparation, briefing of the motion, and a hearing date. The hearing on the 11

motion is the trial of the case. 12

(2) Timing of the Hearing. The court generally will not set the matter for hearing until 13

it is assured that any required administrative record has been prepared or that there is adequate time 14

for gathering and organizing the evidence in a traditional mandamus case. Setting trial before these 15

assurances have been made would only unnecessarily clog the court’s calendar and require continuance 16

of trial. 17

(c) Alternative Writ. A petitioner seeking issuance of an alternative writ must apply first for 18

the alternative writ directing the agency to take action or, in the alternative, show cause why it has not 19

done so. (Code Civ. Proc., § 1087.) The application must be accompanied by a memorandum of points 20

and authorities. The court may grant the alternative writ and set an order to show cause, or it may deny 21

the writ outright. An alternative writ issued by a trial court is not a determination of the petition’s final 22

merit. It serves the function of a summons and, when properly served, provides the trial court with 23

jurisdiction over the opposing party. If an alternative writ is granted, the subsequent order to show 24

cause hearing is the hearing on the merits of the petition. 25

(1) Prior Service of Application. An alternative writ may not issue on an ex parte basis 26

without proper notification. Absent a showing of good cause or waiver by the responding party, the 27

petition, application for alternative writ, memorandum, and proposed alternative writ must be served 28

on the respondent and any real party-in-interest pursuant to Code of Civil Procedure section 1010 et 29

seq. at least five days before the alternative writ hearing. Although service by mail is permitted, 30

personal service is preferred. Proof of service is required with the application. (Code Civ. Proc., § 31

1107.) 32

(2) Briefing Schedule and Hearing Date. Issuance of the alternative writ places the 33

matter on the court’s calendar for an order to show cause hearing. It does not by itself result in a stay 34

or afford any affirmative relief. A briefing schedule will be set by the court as part of the alternative 35

writ. 36

(3) Service of Alternative Writ. The alternative writ and the order for its issuance (as 37

well as the petition and other supporting papers if not previously served in this manner) must be served 38

on the respondent and any real party-in-interest in the manner of serving summons and complaint, 39

unless the court orders otherwise. (Code Civ. Proc., § 1096.) 40

(d) Service of a Board or Commission. Where service is required under either the noticed 41

motion or alternative writ procedure, if the respondent or real party-in-interest is a board or 42

commission, service must be made upon the presiding officer, or upon the secretary, or upon a majority 43

of the members of such board or commission. 44

(e) Request for Stay. Upon filing the petition, and whether proceeding by noticed motion for 45

a peremptory writ or alternative writ, a petitioner may make an ex parte application to stay the agency’s 46

decision in an administrative mandamus case under Code of Civil Procedure section 1094.5(h)(1), (if 47

the agency is a licensed hospital or any state agency and a hearing was required by a statute to be 48




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conducted in accordance with the Administrative Procedures Act (Gov. Code, §§ 11340-11529)), or 49

under Code of Civil Procedure section 1094.5(g). A stay of an agency decision in a traditional 50

mandamus case is governed by principles for injunctive relief. 51

(f) Pleadings. The rules of practice governing civil actions are generally applicable to writ 52

proceedings. (Code Civ. Proc., § 1109.) The respondent agency and real party-in-interest may file a 53

demurrer, motion to strike, answer, or otherwise appear. 54

(g) Preparation of the Record. A record is required for administrative mandamus and for 55

traditional mandamus review of quasi-legislative agency actions. The record in administrative 56

mandamus cases generally consists of the pleadings, all notices and orders, the exhibits presented at 57

hearing, all written evidence, the proposed and final decision, any post-decision actions, and any 58

reporter’s transcripts. In cases under Code of Civil Procedure section 1094.5, the petitioner must 59

ensure that the record is prepared as necessary for the court’s decision. The petitioner may elect to 60

prepare the record or ask the respondent agency to prepare the record. As transcripts are often prepared 61

separately by a court reporter, a petitioner often must contact both the respondent agency and the 62

reporter to obtain the complete record. In cases under Code of Civil Procedure section 1094.6, the 63

local agency must prepare the record. Whichever party prepares the record, the parties must cooperate 64

to ensure timely completion of a record which they agree is complete and accurate. Under both Code 65

of Civil Procedure sections 1094.5 and 1094.6, the petitioner bears the cost of preparing the record 66

unless proceeding in forma pauperis, and in that circumstance the respondent bears the cost. 67

(1) The record must be consecutively numbered (“Bates-stamped”) from beginning to 68

end, including any transcript pages, and the parties must cite only to Bates-stamped page numbers in 69

their briefs (e.g., “AR 23”). 70

(2) The record must be bound in appropriate side-bound three-inch binders. Spiral 71

binding is preferred and three-ring binders are acceptable. The volume number and an enumeration 72

of the enclosed Bates-stamped pages must be listed on the outside of each binder (e.g., Vol. 1, 73

pages 1-323) and on the spine of any three-ring binder. 74

(3) The evidence in administrative mandamus cases is confined to the administrative 75

record, unless the exception in Code of Civil Procedure section 1094.5(e) applies. Unless otherwise 76

ordered, Aany motion to augment the record under Section 1094.5(e) must be filed as a noticed motion 77

to be decided at the trial hearing. 78

(h) Preparation of Evidence in Traditional Mandamus. In traditional mandamus based on an 79

agency’s ministerial duty or informal action, and in other prerogative writs where no administrative 80

hearing was required by law, the evidence is presented by way of declarations, deposition testimony, 81

and documentary evidence unless a statute expressly provides for a record. Although the court has 82

discretion to do so, it will rarely permit oral testimony. The evidence must be attached as exhibits to 83

the parties’ briefs or filed as a separate appendix. If separately presented, the evidence must be bound 84

in appropriate side-bound three-inch binders. Spiral binding is preferred and three-ring binders are 85

acceptable. 86

(i) Briefing. The parties are subject to the limits of 15 pages for the opening brief, 15 pages 87

for the opposition, and ten pages for the reply as set forth in California Rules of Court, rule 3.1113(d), 88

unless the parties seek, and the court grants, an order for oversized briefs. 89

(1) Traditional or Administrative Mandamus. The opening and opposition briefs must 90

state the parties’ respective positions on whether the petitioner is seeking traditional or administrative 91

mandamus, or both. If the petition seeks both traditional and administrative mandamus, the briefs must 92

specify the portion of supporting evidence pertaining to each mandamus claim. 93




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(2) Statement of Facts. The opening and opposition briefs must contain a statement of 94

facts which fairly and comprehensively sets forth the pertinent facts, whether or not beneficial to that 95

party’s position, and each material fact must be supported by a citation to a page or pages from the 96

administrative record as follows: (AR 23). The parties should cite to specific pages of the record 97

(e.g., AR 56-57) and avoid block cites (e.g., AR 56-275). 98

(3) Scope of Review. The scope of the court’s review – “substantial evidence” vs. 99

“independent judgment” – depends upon the nature of the relief sought and a variety of other factors. 100

The parties must state their position on this issue in the opening and opposition briefs. 101

(j) Joint Appendix. If the record or evidence is voluminous, the court may order that the 102

parties prepare a joint appendix of the pages actually cited in all of the parties’ briefs. The purpose of 103

the joint appendix is to provide the court with an easy-to-use single binder of the evidence supporting 104

the parties’ respective positions. The joint appendix shall consist of the pages actually cited in the 105

parties’ briefs, no matter which party cited them, in consecutive numerical Bates-stamp order with side 106

tabs separating the pages that come from different documents. (If a party believes that it is necessary 107

to provide context to a cited page, thata party maymust include a cover page or other pertinent pages 108

from a document even though not actually cited.) The parties may highlight significant information 109

on the pages in the joint appendix, and may use different colors in order to show which party 110

highlighted the information on a particular page. The joint appendix must be contained in a three-111

inch spiral bound or three-ring binder. 112

(k) Lodging the Record. The record, and joint appendix if one is ordered, must be lodged 113

when the petitioner’s reply brief is filed unless the court orders otherwise. 114

(l) Trial Notebook. The court may order the parties to prepare a trial notebook 115

consisting of the parties’ briefs and any other documents ordered by the court. The trial 116

notebook shall be contained in a one- or three-inch binder as appropriate and lodged at the same 117

time as petitioner’s reply brief, any joint appendix, and the record. 118

(lm) Trial; No Default. The “trial” consists of oral argument by the parties. A writ of 119

mandate cannot be granted by default; the case must be heard by the court whether or not the adverse 120

party appears. (Code Civ. Proc., § 1088.) 121

(mn) Judgment. After trial, the prevailing party will be ordered to prepare a proposed 122

judgment and any writ of mandate, serve them on the opposing parties for approval as to form, wait 123

ten days after service for any objections, meet and confer if there are objections, and then submit the 124

proposed judgment and applicable writ along with a declaration stating the existence or non-existence 125

of any unresolved objections. An order to show cause re: judgment hearing will be set for purposes of 126

resolving any objections and signing the judgment. If the judgment has been signed, no appearance 127

will be required, and the hearing will be taken off calendar. 128

(Rule 3.231 [7/1/2011] amended and effective __________) 129

130




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5.22 MINOR'S CONTRACT PROCEDURE 1

(a) Filing Of Petition. A petition for the confirmation of a minor's contract under Family Code 2

section 670050 et seq. must be filed in Department 2. The contract for which confirmation is sought 3

must be attached as an exhibit to the petition. The petition must be accompanied by a separately filed 4

proposed order. 5

(b) Compliance With Family Code Section 6752(ed). A proposed order confirming a minor’s 6

contract must direct petitioner, through his or her counsel, to file a declaration under penalty of perjury 7

evidencing: (1) compliance with Family Code section 6752(b), and (2) that petitioner forwarded a copy 8

of the order to the minor’s guardian ad litem with a cover letter which included the language under 9

Family Code section 6752(ed). 10

(c) Continuing Jurisdiction. Department 2 has continuing jurisdiction over the petition and any 11

funds blocked pursuant to court order until the funds are released. A petition to amend a prior order 12

pursuant to Family Code section 6752(b)(7), or a petition for withdrawal of funds from blocked account 13

pursuant to Family Code section 6752(b)(7) or section 6752(dc)(5), must be supported by adequate 14

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

(d) Application For Release Of Funds. Applications for release of funds to the minor after 16

reaching majority must be accompanied by proof that the minor has reached the age of eighteen or is 17

emancipated. 18

(e) Fees. The clerk will assess a fee for processing applicationspetitions for 19

releasewithdrawal of funds from blocked minors accounts. 20

(Rule 5.22 [7/1/2011, 1/1/2012] amended and effective ___________) 21




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PRO PER ISSUES 1

8.42 PRO PER DEFENDANTS IN CRIMINAL CASES 2

(a) Application. This rule governs defendants acting in pro per in criminal proceedings and 3

delineates their privileges. This rule has the force and effect of a procedural statute and will be strictly 4

followed. A defendant who fails to follow these rules may lose pro per status or pro per privileges. A 5

defendant requesting pro per status must file an affidavit or declaration stating that he or she is familiar 6

with this rule and that he or she understands that the failure to adhere to this rule will result in 7

appropriate sanctions including, but not limited to, the loss of pro per status or privileges. 8

(b) Sheriff's Authority. The Sheriff has the exclusive authority to house inmates and take such 9

other action authorized by law as is necessary to maintain jail security, discipline, and safety and 10

provide for the operation of the jail. 11

(c) Procedure. 12

(1) Notice of Hearing and Filing of Papers. Motions, applications for court orders, and 13

other court documents must be filed with the clerk where the case is then pending, and a copy must be 14

served on the prosecuting attorney and all other attorneys or parties in pro per ten days in advance of 15

any proposed hearing date, in accordance with applicable law. Service by mail is acceptable. Any 16

kind of writing or typing paper may be used, but all documents must be legibly printed in pencil or 17

typed. Unless a hearing date for the motion was previously scheduled by the court, motions and other 18

applications for hearings must contain a proposed hearing date in the first paragraph. The first 19

paragraph must also contain a brief statement of the order or orders requested. 20

(2) Subpoena Power. A defendant may use the subpoena power of the court to compel 21

the attendance of witnesses. The Sheriff will furnish subpoena forms for use by pro per inmates who 22

request them. A pro per defendant must not subpoena individuals to annoy, embarrass, or harass any 23

witness. To do so will be deemed an abuse of process. 24

Prior court review is required before a defendant may cause the service of a 25

subpoena on any of the following: 1) an individual who lacks personal knowledge concerning the 26

factual issues of any hearing pending before the court, 2) jail personnel or witnesses in the custody of 27

the Sheriff or other governmental agencies, and 3) the custodian of records of any business or 28

governmental entity. 29

To obtain court review, a defendant must submit an offer of proof setting forth 30

the relevance of the testimony of the witness or of the document sought. The offer of proof may be 31

submitted in camera and under seal without serving the opposing party. 32

Violation of Local Rule 8.42(c) may result in the loss of pro per status or pro 33

per privileges. 34

If a subpoena is issued for facility commanders or other Sheriff executives, the 35

Sheriff may substitute officers familiar with jail procedures or specific issues. 36

Any service of subpoenas by the Sheriff must be accomplished through the 37

Sheriff's Civil Division. 38

(3) Motions Concerning Jail Conditions. Before an inmate files a motion or writ with 39

the court complaining of conditions of confinement or alleging violations of jail rules (including 40

alleged violations of this pro per rule), he or she must first file a written complaint with the facility 41

commander, unless it can be shown that substantial prejudice would result. The facility commander 42

must investigate the inmate complaint and within ten calendar days provide the inmate with a written 43

response. 44

If the complaint is not resolved by the facility commander's written response 45

and if the inmate chooses to file a motion or writ, the inmate must attach to any papers filed with the 46




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court a copy of the inmate's complaint and the response of the facility commander. If an inmate claims 47

that substantial prejudice would result from following the facility complaint procedure, the inmate 48

must submit a detailed statement setting forth the basis for the claim of substantial prejudice. 49

All motions, writs or other requests as described in this paragraph must be 50

served on the Office of the County Counsel, Room 407, Sheriff's Department Headquarters, 4700 51

Ramona Boulevard, Monterey Park, CA 91754. 52

Upon receiving a motion concerning a pro per defendant’s jail conditions, the 53

court may calendar a hearing date; direct that subpoenas be served upon necessary witnesses, direct 54

the inmate's complaint to the Commander in charge of the facility where the inmate is housed for 55

further consideration, or direct the Office of the County Counsel to file an answer. The answer may 56

include recommendations concerning possible resolution. If County Counsel files an answer, the 57

defendant will have an opportunity to file a response. After considering all documents, the court may 58

issue orders without further hearing. 59

(d) Privileges. 60

(1) Library Privileges. The Sheriff must provide and maintain a law library for use by 61

inmates granted pro per status. All pro per inmates are entitled to a maximum of two hours per day 62

of law library access. The law library must operate seven days per week. 63

The Sheriff must maintain a log which shows the time and date each pro per 64

inmate uses the law library. The log must be retained for five years. 65

The Sheriff may designate the time and place of an inmate's law library access, 66

and may assign inmates into groups based upon safety, security, and efficient use of available facilities. 67

It is the inmate's responsibility to avail himself or herself of the law library 68

during his or her scheduled time. The Sheriff may, but is not required to, provide make-up time. The 69

Sheriff is under no obligation to provide any law books, other legal reference materials, or copies 70

thereof to any inmate in his or her living area. 71

An inmate exercising pro per privileges has an affirmative duty to exercise the 72

privileges in such a manner as not to infringe upon the exercise of pro per privileges by other inmates. 73

The use of the library is restricted to legal research and telephone calls directly 74

related to an inmate's case. An inmate violating this section will be orally warned and may be 75

summarily removed from the library for the balance of the particular session. The warning must be 76

documented. Repeated violations will result in further disciplinary action and possible loss of pro per 77

status or privileges. 78

All library law books and source materials must be used in the library and must 79

not be removed. Law library materials found in an inmate's cell are contraband and subject the inmate 80

to discipline. Theft, possession or destruction of law books or source materials from the library will 81

result in discipline and will result in the loss of pro per status or privileges. 82

(2) Library Telephone Privileges. Telephones will be maintained in the library for use 83

during normal library time. The Sheriff may restrict telephone use to outgoing calls. All phone calls 84

made in the law library must be related to the inmate's case. All phone calls are made at the inmate's 85

expense. 86

(3) Legal Forms. The Sheriff may provide legal forms for inmate use. Any forms not 87

provided may be obtained and given to the inmate by a legal runner or investigator. 88

(4) Legal Runner and Legal Visits. A pro per inmate may request one person to act 89

as a legal runner. to pick up or deliver items to or from the court, the prosecutor or the 90

investigating agency. Absent a showing of unavailability, the legal runner must be a current 91

member of the Los Angeles Superior Court’s Private Investigator Panel (“Panel”) designated as 92

eligible to assist pro per criminal defendants. In the event a legal runner is not a member of the 93




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Panel, the following apply: The legal runner must be approved by the Sheriff and may be rejected 94

for security concerns. Inmates granted pro per status must receive extended visitation to confer with 95

a legal runner or witnesses. The legal runner may visit and confer with the inmate during normal hours 96

of inmate visiting for a maximum of thirty minutes each day. The Sheriff may revoke approval of a 97

legal runner’s status for disruptive conduct or violations of security procedures. 98

The court may authorize compensation for thea legal runner who is not on the 99

Panel at a rate of not to exceed seven dollars per visit to a maximum of $105 per case. 100

A pro per inmate must submit a list of prospective material witnesses to the 101

Sheriff. An inmate may interview listed witnesses during normal visitation. Witness interviews are 102

limited to one per day and 30 minutes in length. 103

Interviews with material witnesses in the custody of the Sheriff or other 104

governmental agencies are only permitted by court order. A pro per inmate must submit to the court 105

a confidential offer of proof as to the anticipated testimony of such witness pursuant to subdivision 106

(b)(2) above. The court may reject a request for an interview if the offer of proof fails to demonstrate 107

good cause for the interview. An interview is limited to 30 minutes. 108

The time allotted for a witness interview will not be extended and cannot be 109

combined with time periods allotted for legal runner visits or regular visits. 110

(5) Legal Materials and Legal Correspondence. A pro per inmate may accumulate 111

legal materials, including reports, notes, court documents, other materials relating to his or her criminal 112

case, and legal correspondence. “Legal correspondence” is defined as any confidential communication 113

between an inmate and any state or federal court, with any attorney licensed to practice law in any state 114

or the District of Columbia, the holder of any public office, the Department of Corrections and 115

Rehabilitation, any facility commander where the inmate may be housed, or the Sheriff. An envelope 116

containing legal correspondence must clearly indicate on the outside that it contains confidential legal 117

correspondence. 118

a) It is the inmate's responsibility to store legal materials within his or her 119

living area in a safe and sanitary fashion. If the accumulated materials jeopardize the safety or security 120

of the facility, the Sheriff may request the inmate to take appropriate remedial action. If the inmate 121

fails to take such remedial action within a reasonable time, the Sheriff may remove excess property as 122

designated by the inmate. Property removed must be stored by the Sheriff on behalf of the inmate or 123

released to any person designated by the inmate. If the inmate fails to designate property to be 124

removed, the Sheriff must apply to the court for an order designating which property is to be stored. 125

b) It is the responsibility of the inmate to keep any legal materials separate 126

and apart from his or her other personal property. The Sheriff may treat any legal materials which are 127

stored with items of personal property such as soap, shampoo, food products, newspapers, and 128

magazines as regular inmate property. 129

c) Legal materials may be searched only in the presence of the inmate. The 130

Sheriff may inspect the materials for contraband, but must not read the contents of the materials. 131

d) Incoming and outgoing legal correspondence may be searched for 132

contraband only in the presence of the inmate. The Sheriff may physically inspect the materials for 133

contraband, but must not read the contents of the materials. 134

e) Upon the transfer of a pro per inmate to another facility, he or she must be 135

allowed to maintain possession of his or her legal material during the transfer. If an emergency requires 136

an inmate's separation from his or her legal material, the legal material must be either sealed and stored 137

in the inmate's name or released to any person designated by the inmate. 138




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(6) Legal Supplies. A pro per inmates may use paper, carbon paper, pencils, and 139

erasers. These items may be purchased from the Jail Canteen by the inmate or given to the inmate 140

from an outside source through the legal deputy. Items brought to the jail by outside sources are subject 141

to reasonable security checks and restrictions imposed by the Sheriff. 142

No metal fasteners, except staples, will be permitted. Cord or plastic fasteners 143

may be used to secure pages or transcripts. No ink pens or markers of any type are permitted. Inmates 144

may use one personal typewriter in the Law Library. The typewriter must be manual and will only be 145

admitted to the jail after a security check. The typewriter will remain in the custody of the Sheriff 146

when not in use. 147

(7) Indigent Supplies and Funds. Upon order of the court the Sheriff will provide legal 148

supplies to an indigent pro per inmate consisting of one legal tablet, ten sheets of typing paper, one 149

pencil, four sheets of carbon paper, and four envelopes. Indigent supplies will be given weekly. 150

Upon order of the court, the Sheriff will deposit a maximum of $60 in an 151

indigent inmate's jail trust account. These funds may be used for witness phone calls, postage, 152

purchasing additional supplies, or for other needs directly related to the inmate's case. All receipts for 153

purchases of legal supplies must be retained by the inmate. Before indigent funds are allowed, the 154

court may require the inmate to expend personal funds he or she has on deposit in his or her jail trust 155

account. 156

(e) Investigators. An inmate may retain the services of a state licensed investigator to assist 157

in the preparation of the case. Upon proof to the court of an inmate's indigence and need for an 158

investigator, the court may appoint a state licensed investigator. 159

An inmate must be permitted to confer with a licensed investigator during the normal 160

hours of visiting. The Sheriff has the discretion to allow this visitation in an attorney room at such 161

time as the Sheriff deems appropriate. Unless specifically authorized by the Sheriff, an inmate may 162

not use private booths to confer with a licensed investigator. 163

(f) Requests for Additional Privileges or Funds. All requests for additional or special 164

privileges, or treatment different from other pro per inmates, must be filed with the trial court. These 165

requests must be accompanied by an affidavit detailing why the additional privilege or treatment is 166

necessary. Requests for additional funds must be accompanied by a detailed accounting showing how 167

the original funds were expended. 168

(g) Inmate Discipline and Revocation of Pro Per Status and Privileges. A pro per inmate is 169

subject to discipline for violations of jail rules and regulations in the same manner as all other inmates. 170

All reports of inmate discipline must be filed with the court. After reviewing the discipline report, the 171

court may request the Sheriff to apply for an order modifying or revoking the inmate's pro per privileges 172

or status. 173

The Sheriff may apply for an order modifying or revoking some or all of an inmate's 174

pro per privileges or status for cause. Except in emergency situations, pro per privileges must not be 175

revoked or modified as a concomitant of either jail discipline or administrative segregation without 176

complying with the following procedures: 177

(1) The inmate is given notice of the charges upon which the proposed revocation, 178

modification, or administrative segregation is based at least 24 hours in advance of a hearing before 179

the jail’s decision-maker. 180

(2) The inmate is given the opportunity to appear before the decision-maker within 48 181

hours. 182

(3) The inmate is given the opportunity to present witnesses and documentary 183

evidence. The decision-maker may restrict the presentation of live witnesses, if necessary, to preserve 184

the facility’s safety or security. 185




Page 5 of 6

(4) The inmate is given a written statement of the evidence relied upon and the reasons 186

for the action taken. If witness safety or facility security requires, the description of items of evidence 187

maybe redacted from the statement. 188

(5) As soon as practical after the hearing, but in no event later than two court days after 189

the hearing, the Sheriff must notify the court before which the inmate's case is pending of the request 190

to revoke or modify the pro per privileges of the inmate. In circumstances where the inmate is pro per 191

on multiple cases, the notice must list all cases in which the defendant is acting in pro per and must be 192

filed in the court handling pro per matters. This notice must include a copy of the decision-making 193

body’s report and all available discipline reports. Unless the safety of the inmate, the safety of other 194

inmates or jail staff would be jeopardized, the inmate's pro per privileges must not be revoked or 195

modified until the court modifies the order granting pro per privileges. In emergency situations the 196

Sheriff may immediately suspend all pro per privileges, provided that the notice given to the court 197

specifically states the privileges restricted and the emergency justifying the action taken. The Sheriff 198

must give notice to the court as soon as practical under the circumstances. 199

(6) The court receiving the notice outlined in subdivision (g)(5) shall review the 200

request or decision of the Sheriff. Pending a hearing, the court may direct the Sheriff to reinstate any 201

or all privileges that were suspended due to an emergency. The court shall calendar a hearing within 202

a reasonable time. The inmate will be entitled to appear at the hearing and present material and relevant 203

evidence and objections. 204

(h) Temporary Suspension of Pro Per Privileges for Medical or Psychiatric Necessity. The 205

Sheriff may temporarily suspend any or all of an inmate’s privileges based upon a determination by a 206

treating physician or psychiatrist that use of any or all of the privileges afforded pro per inmates will 207

endanger the health and welfare of the pro per inmate, other pro per inmates, or staff. Any temporary 208

suspension under this paragraph may last only as long as the medical or psychiatric conditions require 209

the limitation, and the Sheriff must continue to provide all privileges that medical and/or mental health 210

staff deem consistent with the ongoing care of the pro per inmate. 211

(1) The Sheriff must notify all affected courts in writing of the suspension of pro per 212

privileges, which pro per privileges were suspended, and the reasons for the temporary suspension of 213

pro per privileges. Upon the request of the inmate, the court shall calendar a hearing within a 214

reasonable time. The inmate will be entitled to appear at the hearing and to present such evidence and 215

objections as are material and relevant. 216

(2) The fact that a pro per inmate is under medical or psychiatric care does not limit 217

the Sheriff’s rights to proceed under subdivision (g) in circumstances where the inmate has violated 218

jail rules or the provision of these rules. 219

(3) The Sheriff must promptly notify the court in writing upon the restoration of in-220

custody pro per privileges. 221

(i) Pro Per Committee. The SupervisingPresiding Judge may appoint a committee of judges 222

to act as the Los Angeles County Pro Per Committee within the Criminal Division. The committee 223

shall meet with members of the Sheriff's Department no less than once annually to review, modify or 224

update these rules. 225

(j) Natural Disasters. In the event of a natural disaster or other emergency condition, the 226

Sheriff may temporarily suspend inmate pro per privileges. Notice must be given to the Supervising 227

Judge of the Criminal Division as soon as practical under the circumstances of the disaster. Pro per 228

privileges must resume as soon as possible. 229

(k) Duration of Privileges. An inmate's pro per privileges and status as a pro per defendant 230

terminate upon sentencing. A request for pro per privileges after sentencing must be made to the 231

sentencing court. 232

(l) Withholding Pro Per Privileges Pending Further Order Of The Court. Within five days 233

after receiving information that a defendant has been granted pro per status in a pending case, and that 234




Page 6 of 6

his/her pro per privileges were revoked or modified in another pending case, the Sheriff must provide 235

written notice of the revocation/modification to the judicial officer who granted pro per status. The 236

Sheriff may withhold any additional privileges pending further order of the court. 237

(Rule 8.42 [7/1/2011, 7/1/2014] amended and effective _____________) 238

Documents

PROPOSED REVISIONS TO LOCAL COURT RULES€¦ · PROPOSED REVISIONS TO . LOCAL COURT RULES . Pursuant to California Rules of Court, Rule 10.613(g), the following proposed amendments