SHERRI R. CARTER Superior Court of California 111 NORTH ... · EXECUTIVE OFFICER / CLERK Superior Court of California 111 NORTH HILL STREET LOS ANGELES, CA 90012-3014 County of Los

SHERRI R. CARTER EXECUTIVE OFFICER / CLERK Superior Court of California 111 NORTH HILL STREET LOS ANGELES, CA 90012-3014

County of Los Angeles

November 16, 2016

PROPOSED REVISIONS TO LOCAL COURT RULES

RECEIVED Nuv z. 0 2016

LACBA

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 localrulescommentslacourt.orq, 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.orq

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES

1 2.7 ASSIGNMENT OF MATTERS TO CENTRAL DISTRICT DEPARTMENTS

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

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

4 (a) APPELLATE DIVISION:

5 Appeals from judgments and orders in misdemeanor, Appellate Division

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

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

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

9 Habeas corpus petitions filed in conjunction with Department 70

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

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

12 upon request of Department 70.

13 (b) CIVIL DIVISION:

14 (1) General Unlimited Civil Cases and Proceedings:

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

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

17 - Writs of attachment, application for and other

18 proceedings in connection with,

19 - Writs of possession, application for and other

20 proceedings in connection with,

21 Hearing fees required by the court's Schedule of

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

23 pertinent department.

24 (B) Civil Harassment Petitions:

25 Civil Harassment Petitions Department 75

26 (C) Eminent Domain:

27 All eminent domain or Direct Calendar Courts

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

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

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

31 (D) Guardian ad Liteni appointments:

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

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

34 (E) Long Cause Cases:

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

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

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

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

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

40 for assignment to a long cause trial judge sitting in the Central District. 41 (F) Supplemental and Miscellaneous Proceedings:

42 Enforcement of Judgment Proceedings..

43 All enforcement of judgment proceedings check the court's website

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

45 of judgment proceedings include:

46 - Application for post-judgment examination hearings

47 - Charging orders

Rule 2.7 — Staff Edits 11/7/2016 Page 1 of 6


48 - Claim of exemption hearings 49 - Court order of sale for real property dwelling pursuant to a writ of 50 execution 51 - Debtor examination hearings 52 - Hearing on third party claims pursuant to writ of execution 53 - Motions for assignment orders 54 - Third party examination hearings 55 - See also, Code of Civil Procedure sections 680.010 through 720.800 56 Escheat, hearings on petitions for relief check the court's website 57 Ex parte orders shortening time in Department 1 check the court's website 58 In forma pauperis applications for civil limited and check the court's website 59 unlimited actions (except family law and probate) 60 and for appeals to the appellate court 61 In forma pauperis applications for small claims check the court's website 62 Name change, petitions and hearings check the court's webs ite 63 Newspaper, petition to establish standing

check the court's website

64 Publication of summons, application and orders for

check the court's website 65 Service on Secretary of State of summons on corporation, check the court's website 66 application and orders for 67 Voter information, petition to declare confidential check the court's website 68 (Elections Code, § 2166) 69 (G) Writs and Receivers Matters and Special Proceedings: 70 Matters assigned to Department 82, 85 or 86 (the "writs and receivers 71 departments") for all purposes pursuant to this rule will be assigned by the clerk at the time of filing, 72 using a random system to insure that no party or person can control or determine in advance to which 73 department a case is assigned. 74 Matters assigned for all purposes to an unlimited civil trial department, in 75 which certain applications/motions (provisional remedies) are to be heard in a writs and receivers 76 department pursuant to this rule, will be heard in Department 85 if the case number ends in 1, 2, 3, or 77 4, in Department 86 if the case number ends in 5, 6, or 7, and in Department 82 if the case number 78 ends in 8, 9, or 0. Where two or more cases have been ordered related pursuant to Local Rule 3.3(f), 79 the writs and receivers department assigned to the lowest numbered case will hear the provisional 80 remedies application/motions for the related cases. 81 Ex parte matters are heard daily in all three departments at 8:30 a.m. 82 (i) Injunctive Relief, Unlimited Civil Cases: 83 In all unlimited civil cases, except for Personal Injury Actions as defined in Rule 84 2.3(a)(1)(A), the following matters are to be heard in the direct calendar court: 85 A noticed motion for a preliminary injunction, no matter when made; 86 An ex parte application for an order shortening time for hearing on a motion for a preliminary 87 injunction, made after the first scheduled date for an initial status conference or case 88 management conference has been held; 89 An ex parte application for a temporary restraining order, or an application for an order to show 90 cause re preliminary injunction, made after the first scheduled date for an initial status 91 conference or case management conference has been held; 92 Any noticed motion or ex parte application to dissolve or modify a preliminary injunction made 93 after the first scheduled date for an initial status conference or case management conference 94 has been held;



95 In all unlimited civil cases, the following matters are heard in the writs and receivers 96 departments:

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

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

99 or case management conference ha," been held in the direct calendar court;

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

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

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

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

104 pertinent writs and receivers department;

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

106 Personal Injury Action whenever made;

107 \‘ bile an apfriient-ttni for-d-ffelithinitiA otion tor the

108 appointment of a receker H pending in a \\rit-, and receiver, depot tment.

109 (ii) Receivers:

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

111 assigned to the writs and receivers departments;

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

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

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

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

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

117 and restrictions (Civil Code, §1356);

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

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

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

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

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

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

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

125 - Insurance company, insolvency proceedings;

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

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

128 is assigned;

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

130 - Limited liability company, petition ordering winding up (Corp. Code, §§ 17352(b), 17353(b)); 131 - Limited partnership, petition ordering winding up (Corp. Code, § 15683);

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

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

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

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

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

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

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

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

140 - Claim of exemption check the court's website 141 - Non-unlawful detainer default prove-ups Department 77

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



143

case is assigned 144

Ex parte applications (limited civil) Department 77 145

Law and Motion (limited civil) Department 77 146

Minor's compromise hearings Department 77 147 - Post-judgment debtor and third party examinations check the court's website 148

Publication of summons, application check the court's website 149

and orders for 150 - Receiver, application for appointment of Department 82, 85 or 86 151 - Service on Secretary of State of summons on check the court's website 152

corporation, application and orders for 153

Small claims trials Department 90 and Department lA 154

Third party examination hearings. check the court's website 155

Unlawful detainer law and motion Department 94 156

Writs of attachment, application for and Department 82, 85 or 86. See Local Rule 2.7(b)(1)(G) 157

other proceedings in connection with 158

Writs of possession, application for and Department 82, 85 or 86. See Local Rule 2.7(b)(1)(G) 159

other proceedings in connection with 160

(c) CRIMINAL DIVISION and MENTAL HEALTH MATTERS: 161

(1) Criminal matters: 162

Arraignments, felony complaints Division 30 CJC 163

Division 69 Metro 164

Division 5 East LA 165

Arraignments, misdemeanor complaints All courts 166

Metropolitan Branch: 167

Dept's 60 and 66 for City Attorney filings 168

Dept's 62, 65 and 68 for District Attorney filings 169

East LA: Inquire at courthouse 170 — Certificate of rehabilitation and pardon, petition for Department 100 171 — Corum nobis, petition for writ of Department where case is or was 172

last pending 173 — Exhume a body for criminal investigation Department 100 174 — Expungements - felony cases Clara Shortridge Foltz Courthouse 175

(CJC) only Department 100 176 — Expungements - misdemeanor cases CJC only Department 56 177 — Firearm return/restoration of right to own, etc. 178

(Welf. & Inst. Code, §§ 8100, 8103) Department 95 179 — Firearm return, all other Department where case is or was 180

last pending 181 — Habeas corpus, involuntary commitment 182

(Welf. & Inst. Code, §§ 5254.1 and 5275) Department 95 183 — Habeas corpus, person held for extradition Department 100 184 — Habeas corpus under the Hague Convention on 185

International Child Abduction Department 2 Mosk 186 — Habeas corpus, all other See Local Rules 2.7(a) and 8.33. 187

in,an it\ and mMental competence trials and hearings, felony cases: 188

prior to holding order Department 95 189

after holding order Department where case assigned 190

In,an it. and mMental competence trials and hearings,



191 misdemeanor and infraction cases Department 95

192 — Mandate or prohibition in felony cases,

193 — prior to holding order Department 100

194 — after holding order Court of Appeal

195 — Mandate or prohibition

196 — in misdemeanor and infraction cases Appellate Division

197 — Mentally disordered sex offender proceedings under former

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

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

200 (2) Mental health matters

201 (A) Civil commitment proceedings - not LPS

202 — Developmental disability commitments Department 95

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

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

205 (13) Civil commitment proceedings - LPS

206 — Accountings, conservatorship Department 95

207 — Appeal of medication capacity findings and order

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

209 — Conservatorship

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

211 — ECT capacity hearing

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

213 — Ex parte petition for temporary conservatorship

214 by County Mental Health Director/Public Guardian Department 95

215 — Mentally disordered person dangerous to others

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

217 — Site-based certification review hearings

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

219 — Site-based medication capacity hearings


221 (C) Criminally-related proceedings

222 — Commitment, judicial review Department 95

223 — Continued involuntary treatment,

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

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


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

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

229 In,,anity and iiiMental competence trials and hearings,

230 — felony cases: prior to holding order Department 95

231 — after holding order Court where case assigned

232 and-na Mental competence trials and hearings,

233 misdemeanor and infraction cases Department 95

234 — Mentally disordered sex offenders proceedings

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

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

237 — Petition to extend commitment and

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



239 (Pen. Code, § 1026.5(b)) Department 95 240 — Petition to release following restoration to sanity 241 (Pen. Code, § 1026.2) Department 95 242 — Sexually violent predator, pre-trial and post-trial issues Department 95B 243 — Sexually violent predator trial Department 100, 244 for assignment to a trial court 245 (d) FAMILY LAW DIVISION: 246 Any matter arising under the Family Code, excluding emancipation of minors and 247 adoption, and other matters specifically assigned to other departments by these rules or order of court, 248 is assigned to the Family Law Division. Family Law Division courts in the Central District are direct 249 calendar courts, with the following exceptions: 250 - Child support cases See also Local Rule 5.25 251 - Defaults Department 2 252 - Domestic violence restraining orders Department 8 253 - Guardianship of minors when related to a family law child custody proceeding 254 are also assigned to the Family Law Division See also Local Rule 5.2 255 - Habeas corpus under the Hague Convention on International Child Abduction Department 2 256 - Surrogacy Department 2 257 (e) JUVENILE DIVISION: 258 Any matter arising under the Juvenile Court Law is assigned to the Juvenile Division, 259 including: 260 - Emancipation of minors, petition for 261 - Habeas corpus, petition for writ of, minor under 18, under arrest 262 - Medical treatment for minor, petition to provide 263 - Parental custody and control, petition to free a minor from, filed by Department of Adoptions, and 264 proceedings to determine the necessity of parental consent directly related thereto 265 (f) PROBATE DIVISION: 266 Any matter arising under the Probate Code, and any other action, proceeding or procedure 267 which by statute is to be heard by a judge hearing probate matters is assigned to the Probate Division. 268 (See, e.g., proceedings to establish record of birth, death or marriage under Health & Safety Code, § 269 10550 et seq.) 270 Compromise of a minor's claim prior to trial in a civil case is assigned to the Probate 271 Division, if the direct calendar judge who participated in a conference at which the compromise was 272 accomplished is unavailable. If an application is made to the direct calendar judge for a special needs 273 trust for the benefit of a minor or an incompetent person under Probate Code section 3602 or 3611, the 274 terms of the trust shall be reviewed and approved by the Probate Division. 275 Any proceeding to make a withdrawal from an account blocked for the benefit of a minor 276 or an incapacitated person is assigned to the Probate Division. 277 A mental health proceeding will be heard as specified in subdivision 2.7(c). 278 (Rule 2.7 [7/1/2011, 12/21/2011, 1/1/2012,7/1/2012, 5/17/2013,7/1/2014, 7/1/2015] 279 amended and effective



1 3.231 PREROGATIVE WRITS

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

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

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

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

6 noticed motion procedure is strongly preferred by the court.

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

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

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

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

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

12 motion is the trial of the case.

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

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

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

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

17 of trial.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

32 1107.)

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

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

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

36 writ.

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

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

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

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

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

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

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

44 of the members of such board or commission.

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

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

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

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



49 conducted in accordance with the Administrative Procedures Act (Gov. Code, §§ 11340-11529)), or 50 under Code of Civil Procedure section 1094.5(g). A stay of an agency decision in a traditional 51 mandamus case is governed by principles for injunctive relief. 52 (f) Pleadings. The rules of practice governing civil actions are generally applicable to writ 53 proceedings. (Code Civ. Proc., § 1109.) The respondent agency and real party-in-interest may file a 54 demurrer, motion to strike, answer, or otherwise appear. 55 (g) Preparation of the Record. A record is required for administrative mandamus and for 56 traditional mandamus review of quasi-legislative agency actions. The record in administrative 57 mandamus cases generally consists of the pleadings, all notices and orders, the exhibits presented at 58 hearing, all written evidence, the proposed and final decision, any post-decision actions, and any 59 reporter's transcripts. In cases under Code of Civil Procedure section 1094.5, the petitioner must 60 ensure that the record is prepared as necessary for the court's decision. The petitioner may elect to 61 prepare the record or ask the respondent agency to prepare the record. As transcripts are often prepared 62 separately by a court reporter, a petitioner often must contact both the respondent agency and the 63 reporter to obtain the complete record. In cases under Code of Civil Procedure section 1094.6, the 64 local agency must prepare the record. Whichever party prepares the record, the parties must cooperate 65 to ensure timely completion of a record which they agree is complete and accurate. Under both Code 66 of Civil Procedure sections 1094.5 and 1094.6, the petitioner bears the cost of preparing the record 67 unless proceeding in forma pauperis, and in that circumstance the respondent bears the cost. 68 (1) The record must be consecutively numbered ("Bates-stamped") from beginning to 69 end, including any transcript pages, and the parties must cite only to Bates-stamped page numbers in 70 their briefs (e.g., "AR 23"). 71 (2) The record must be bound in appropriate side-bound three-inch binders. Spiral

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

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

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

75 (3) The evidence in administrative mandamus cases is confined to the administrative 76 record, unless the exception in Code of Civil Procedure section 1094.5(e) applies. 1- 77 ordered. Ai-my motion to augment the record under Section 1094.5(e) must be filed as a noticed motion 78 to hc decided at 111c trial 79 (h) Preparation of Evidence in Traditional Mandamus. In traditional mandamus based on an 80 agency's ministerial duty or informal action, and in other prerogative writs where no administrative 81 hearing was required by law, the evidence is presented by way of declarations, deposition testimony, 82 and documentary evidence unless a statute expressly provides for a record. Although the court has 83 discretion to do so, it will rarely permit oral testimony. The evidence must be attached as exhibits to 84 the parties' briefs or filed as a separate appendix. If separately presented, the evidence must be bound 85 in appropriate side-bound three-inch binders. Spiral binding is preferred and three-ring binders are 86 acceptable. 87 (i) Briefing. The parties are subject to the limits of 15 pages for the opening brief, 15 pages 88 for the opposition, and ten pages for the reply as set forth in California Rules of Court, rule 3.1113(d), 89 unless the parties seek, and the court grants, an order for oversized briefs. 90 (1) Traditional or Administrative Mandamus. The opening and opposition briefs must 91 state the parties' respective positions on whether the petitioner is seeking traditional or administrative 92 mandamus, or both. If the petition seeks both traditional and administrative mandamus, the briefs must 93 specify the portion of supporting evidence pertaining to each mandamus claim.



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

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

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

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

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

99 (3) Scope of Review. The scope of the court's review — "substantial evidence" vs.

100 "independent judgment" — depends upon the nature of the relief sought and a variety of other factors.

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

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

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

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

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

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

107 tabs separating the pages that come from different documents. of a-paAt4elieves-that-it is necessary

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

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

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

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

112 inch spiral bound or three-ring binder.

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

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

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

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

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

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

119 (1m) Trial; No Default. The "trial" consists of oral argument by the parties. A writ of 120 mandate cannot be granted by default; the case must be heard by the court whether or not the adverse

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

122 (mn) Judgment. After trial, the prevailing party will be ordered to prepare a proposed 123 judgment and any writ of mandate, serve them on the opposing parties for approval as to form, wait

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

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

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

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

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

129 (Rule 3.231 [7/1/2011] amended and effective 130



1 5.22 MINOR'S CONTRACT PROCEDURE

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

3 section 674450 et seq. must be filed in Department 2. The contract for which confirmation is sought

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

5 proposed order.

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

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

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

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

10 Family Code section 6752(ed).

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

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

13 pursuant to I amily Cock. ,i-eet-i-on--67-5-1t474. of-a- petition-for withdrawal of funds from blocked account

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

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

16 (d) Application For 1Zek-if,e Of Hinds Applications for reltAtm.., of funds to the minor after

17 rc-aching ni orit must be accompanied 1.i\ proof that the minor has reached the wN of ei:!hteen or-k

18 emancipated,

19 te) Fees. The clerk will assess a fee for processing a ppl is:at ionTetitions for

20 relcilswithdrawal of funds from blocked minors accounts.

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

Rule 5.22 — Staff Edits 10/3/2016 Page 1


PRO PER ISSUES

2 8.42 PRO PER DEFENDANTS IN CRIMINAL CASES

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

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

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

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

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

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

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

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

11 provide for the operation of the jail.

12 (c) Procedure.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

29 governmental entity.

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

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

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

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

34 per privileges.

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

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

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

38 Sheriffs Civil Division.

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

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

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

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

43 must investigate the inmate complaint and within ten calendar days provide the inmate with a written 44 response.

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

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



47 court a copy of the inmate's complaint and the response of the facility commander. If an inmate claims 48 that substantial prejudice would result from following the facility complaint procedure, the inmate 49 must submit a detailed statement setting forth the basis for the claim of substantial prejudice. 50 All motions, writs or other requests as described in this paragraph must be 51 served on the Office of the County Counsel, Room 407, Sheriffs Department Headquarters, 4700 52 Ramona Boulevard, Monterey Park, CA 91754. 53 Upon receiving a motion concerning a pro per defendant's jail conditions, the 54 court may calendar a hearing date; direct that subpoenas be served upon necessary witnesses, direct 55 the inmate's complaint to the Commander in charge of the facility where the inmate is housed for 56 further consideration, or direct the Office of the County Counsel to file an answer. The answer may 57 include recommendations concerning possible resolution. If County Counsel files an answer, the 58 defendant will have an opportunity to file a response. After considering all documents, the court may 59 issue orders without further hearing. 60 (d) Privileges. 61 (1) Library Privileges. The Sheriff must provide and maintain a law library for use by 62 inmates granted pro per status. All pro per inmates are entitled to a maximum of two hours per day 63 of law library access. The law library must operate seven days per week. 64 The Sheriff must maintain a log which shows the time and date each pro per 65 inmate uses the law library. The log must be retained for five years. 66 The Sheriff may designate the time and place of an inmate's law library access, 67 and may assign inmates into groups based upon safety, security, and efficient use of available facilities. 68 It is the inmate's responsibility to avail himself or herself of the law library 69 during his or her scheduled time. The Sheriff may, but is not required to, provide make-up time. The 70 Sheriff is under no obligation to provide any law books, other legal reference materials, or copies 71 thereof to any inmate in his or her living area. 72 An inmate exercising pro per privileges has an affirmative duty to exercise the 73 privileges in such a manner as not to infringe upon the exercise of pro per privileges by other inmates. 74 The use of the library is restricted to legal research and telephone calls directly 75 related to an inmate's case. An inmate violating this section will be orally warned and may be 76 summarily removed from the library for the balance of the particular session. The warning must be 77 documented. Repeated violations will result in further disciplinary action and possible loss of pro per 78 status or privileges. 79 All library law books and source materials must be used in the library and must 80 not be removed. Law library materials found in an inmate's cell are contraband and subject the inmate 81 to discipline. Theft, possession or destruction of law books or source materials from the library will 82 result in discipline and will result in the loss of pro per status or privileges. 83 (2) Library Telephone Privileges. Telephones will be maintained in the library for use 84 during normal library time. The Sheriff may restrict telephone use to outgoing calls. All phone calls 85 made in the law library must be related to the inmate's case. All phone calls are made at the inmate's 86 expense. 87 (3) Legal Forms. The Sheriff may provide legal forms for inmate use. Any forms not 88 provided may be obtained and given to the inmate by a legal runner or investigator. 89 (4) Legal Runner and Legal Visits. A pro per inmate may request one person to act

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

91

92

93

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

member of the Los Angeles Superior Court's Private Investigator Panel ("Panel") designated as

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



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

117 containing legal correspondence must clearly indicate on the outside that it contains confidential legal 118 correspondence.

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

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

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

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

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

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

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

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

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

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

129 magazines as regular inmate property.

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

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

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

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

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

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

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

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

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



139 (6) Legal Supplies. A pro per inmates may use paper, carbon paper, pencils, and 140 erasers. These items may be purchased from the Jail Canteen by the inmate or given to the inmate 141 from an outside source through the legal deputy. Items brought to the jail by outside sources are subject 142 to reasonable security checks and restrictions imposed by the Sheriff. 143 No metal fasteners, except staples, will be permitted. Cord or plastic fasteners 144 may be used to secure pages or transcripts. No ink pens or markers of any type are permitted. Inmates 145 may use one personal typewriter in the Law Library. The typewriter must be manual and will only be 146 admitted to the jail after a security check. The typewriter will remain in the custody of the Sheriff 147 when not in use. 148 (7) Indigent Supplies and Funds. Upon order of the court the Sheriff will provide legal 149 supplies to an indigent pro per inmate consisting of one legal tablet, ten sheets of typing paper, one 150 pencil, four sheets of carbon paper, and four envelopes. Indigent supplies will be given weekly. 151 Upon order of the court, the Sheriff will deposit a maximum of $60 in an 152 indigent inmate's jail trust account. These funds may be used for witness phone calls, postage, 153 purchasing additional supplies, or for other needs directly related to the inmate's case. All receipts for 154 purchases of legal supplies must be retained by the inmate. Before indigent funds are allowed, the 155 court may require the inmate to expend personal funds he or she has on deposit in his or her jail trust 156 account. 157 (e) Investigators. An inmate may retain the services of a state licensed investigator to assist 158 in the preparation of the case. Upon proof to the court of an inmate's indigence and need for an 159 investigator, the court may appoint a state licensed investigator. 160 An inmate must be permitted to confer with a licensed investigator during the normal 161 hours of visiting. The Sheriff has the discretion to allow this visitation in an attorney room at such 162 time as the Sheriff deems appropriate. Unless specifically authorized by the Sheriff, an inmate may 163 not use private booths to confer with a licensed investigator. 164 (f) Requests for Additional Privileges or Funds. All requests for additional or special 165 privileges, or treatment different from other pro per inmates, must be filed with the trial court. These 166 requests must be accompanied by an affidavit detailing why the additional privilege or treatment is 167 necessary. Requests for additional funds must be accompanied by a detailed accounting showing how 168 the original funds were expended. 169 (g) Inmate Discipline and Revocation of Pro Per Status and Privileges. A pro per inmate is 170 subject to discipline for violations of jail rules and regulations in the same manner as all other inmates. 171 All reports of inmate discipline must be filed with the court. After reviewing the discipline report, the 172 court may request the Sheriff to apply for an order modifying or revoking the inmate's pro per privileges 173 or status. 174 The Sheriff may apply for an order modifying or revoking some or all of an inmate's 175 pro per privileges or status for cause. Except in emergency situations, pro per privileges must not be 176 revoked or modified as a concomitant of either jail discipline or administrative segregation without 177 complying with the following procedures: 178 (1) The inmate is given notice of the charges upon which the proposed revocation, 179 modification, or administrative segregation is based at least 24 hours in advance of a hearing before 180 the jail's decision-maker. 181 (2) The inmate is given the opportunity to appear before the decision-maker within 48 182 hours. 183 (3) The inmate is given the opportunity to present witnesses and documentary 184 evidence. The decision-maker may restrict the presentation of live witnesses, if necessary, to preserve 185 the facility's safety or security.



186 (4) The inmate is given a written statement of the evidence relied upon and the reasons 187 for the action taken. If witness safety or facility security requires, the description of items of evidence 188 maybe redacted from the statement. 189 (5) As soon as practical after the hearing, but in no event later than two court days after 190 the hearing, the Sheriff must notify the court before which the inmate's case is pending of the request 191 to revoke or modify the pro per privileges of the inmate. In circumstances where the inmate is pro per 192 on multiple cases, the notice must list all cases in which the defendant is acting in pro per and must be 193 filed in the court handling pro per matters. This notice must include a copy of the decision-making 194 body's report and all available discipline reports. Unless the safety of the inmate, the safety of other 195 inmates or jail staff would be jeopardized, the inmate's pro per privileges must not be revoked or 196 modified until the court modifies the order granting pro per privileges. In emergency situations the 197 Sheriff may immediately suspend all pro per privileges, provided that the notice given to the court 198 specifically states the privileges restricted and the emergency justifying the action taken. The Sheriff 199 must give notice to the court as soon as practical under the circumstances. 200 (6) The court receiving the notice outlined in subdivision (g)(5) shall review the 201 request or decision of the Sheriff. Pending a hearing, the court may direct the Sheriff to reinstate any 202 or all privileges that were suspended due to an emergency. The court shall calendar a hearing within 203 a reasonable time. The inmate will be entitled to appear at the hearing and present material and relevant 204 evidence and objections. 205 (h) Temporary Suspension of Pro Per Privileges for Medical or Psychiatric Necessity. The 206 Sheriff may temporarily suspend any or all of an inmate's privileges based upon a determination by a 207 treating physician or psychiatrist that use of any or all of the privileges afforded pro per inmates will 208 endanger the health and welfare of the pro per inmate, other pro per inmates, or staff. Any temporary 209 suspension under this paragraph may last only as long as the medical or psychiatric conditions require 210 the limitation, and the Sheriff must continue to provide all privileges that medical and/or mental health 211 staff deem consistent with the ongoing care of the pro per inmate. 212 (1) The Sheriff must notify all affected courts in writing of the suspension of pro per 213 privileges, which pro per privileges were suspended, and the reasons for the temporary suspension of 214 pro per privileges. Upon the request of the inmate, the court shall calendar a hearing within a 215 reasonable time. The inmate will be entitled to appear at the hearing and to present such evidence and 216 objections as are material and relevant. 217 (2) The fact that a pro per inmate is under medical or psychiatric care does not limit 218 the Sheriff's rights to proceed under subdivision (g) in circumstances where the inmate has violated 219 jail rules or the provision of these rules. 220 (3) The Sheriff must promptly notify the court in writing upon the restoration of in- 221 custody pro per privileges. 222 (i) Pro Per Committee. The Supea‘1,,iip_Presiding Judge may appoint a committee of judges 223 to act as the Los Angeles County Pro Per Committee within the Criminal Division. The committee 224 shall meet with members of the Sheriffs Department no less than once annually to review, modify or 225 update these rules. 226 (j) Natural Disasters. In the event of a natural disaster or other emergency condition, the 227 Sheriff may temporarily suspend inmate pro per privileges. Notice must be given to the Supervising 228 Judge of the Criminal Division as soon as practical under the circumstances of the disaster. Pro per 229 privileges must resume as soon as possible. 230 (k) Duration of Privileges. An inmate's pro per privileges and status as a pro per defendant 231 terminate upon sentencing. A request for pro per privileges after sentencing must be made to the 232 sentencing court. 233 (I) Withholding Pro Per Privileges Pending Further Order Of The Court. Within five days 234 after receiving information that a defendant has been granted pro per status in a pending case, and that



235 his/her pro per privileges were revoked or modified in another pending case, the Sheriff must provide 236 written notice of the revocation/modification to the judicial officer who granted pro per status. The

237 Sheriff may withhold any additional privileges pending further order of the court. 238 (Rule 8.42 [7/1/2011, 7/1/2014] amended and effective


Documents

SHERRI R. CARTER Superior Court of California 111 NORTH ... · EXECUTIVE OFFICER / CLERK Superior Court of California 111 NORTH HILL STREET LOS ANGELES, CA 90012-3014 County of Los