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September 10, 2008
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:
Chapter Seven: Rule 7.3(f)
Chapter Fourteen: Rule 14.4, 14.5 and 14.24
Comments must be submitted in writing by 5:00 p.m. on October 27, 2008, to Bridget T. Hana, Management Systems Analysis Unit, Superior Court, 111 North Hill Street, Los Angeles, CA 90012.
View LASC Local Rules at http://www.lasuperiorcourt.org
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7.3 ASSIGNMENT OF I/C CASES
(a) Proportionate Assignment. . . . .
(b) Regulation of Case Assignment. . . . .
(c) Notice of Case Assignment. . . . .
(d) Improper Refiling. . . . .
(e) Duty of Counsel. . . . .
(f) Related Cases.
(1) Definition. A civil case may be ordered related to other case(s), including Probate
and Domestic (Family Law) cases, by the court when it appears that the cases:
a) Arise from the same or substantially identical transactions, happenings or events; or
b) Require a determination of the same or substantially identical questions of law and/or fact; or
c) Are likely for other good reasons to require substantial duplication of labor if heard by different judges.
d) Are the same or substantially similar to a prior case in the Superior Court that has been dismissed, either with or without prejudice.
(2) Notice. It is the obligation of counsel to file and serve a Notice of Related Case(s) when the cases are related as defined in subsection (1) above.
a) This Notice must be filed not later than 15 days after facts concerning the existence of related cases become known to counsel.
b) This Notice must:
i) list all cases that may be considered as being related;
ii) identify which case has the earliest filing date and the department in which such case is pending;
iii) be filed in each of the cases listed in the Notice;
iv) be served on each of the parties in every one of the cases listed in the Notice with a proof of such service attached;
v) set forth facts and attach relevant complaint(s) and/or cross-complaint(s) demonstrating the relationship between the cases.
c) This Notice is not required under the circumstances set forth in subsection (6) below.
(1) The procedure for relating cases is set forth in California Rules of Court, rule 3.300.
(Rule 7.3(f)(2) [as (1) Definition & (2) Notice 1/1/2000, 1/1/2003, 7/1/2004]
old text REPEALED, new text added and effective ____________.)
(3) Procedure Regarding Assignment of Related Cases.
a) Where all the cases listed in the Notice are all unlimited civil cases, or all limited civil cases, the judge, who has the earliest filed case, shall determine whether the cases shall be ordered related and assigned to such department;
b) Where the cases listed in the Notice are unlimited and limited civil cases, the judge, who has the earliest filed unlimited civil case, shall determine whether the cases shall be ordered related and assigned to such department.
(2) Where one of the cases listed in the Notice of Related Cases has been assigned
to one of the departments designated as a Complex Litigation department, the judge in the Complex
Litigation department shall determine whether the cases shall be ordered related and assigned to such
department;
c) (3) Where the cases listed in the Notice contain a Probate or Domestic (Family
Law) case: if the cases are all pending in the Central District, or if the cases are pending in different
districts, Department One shall determine whether the cases shall be ordered related and, if so, to
which department they shall be assigned. If the cases are all pending in the same district, other than
the Central District, the Supervising Judge of that district shall determine whether the cases shall be
ordered related and, if so, to which department they shall be assigned;
d) (4) In the event any of the cases set forth in the Notice are not ordered related
pursuant to subsections (3)a) or (3)b) California Rules of Court, rule 3.300(h)(1)(A)(B)(C), any
party in any of the cases set forth in the Notice may file an application to have the cases related. If
the cases are all pending in the Central District, or if the cases are pending in different districts, the
Application must be filed in Department One. If the cases are all pending in the same district, other
than the Central District, the Application must be filed with the Supervising Judge of that district.
Such Application must be served on each party in every one of the cases listed in the Notice, with
proof of such service attached.
e) In the event, for any reason, a case is not ordered related under these
provisions, then such case shall remain assigned to the department in which it was pending at the
time of the filing of the Notice.
(Rule 7.3(f)(3) [Procedure Regarding Assignment of Related Cases newly added 1/1/2003] amended and effective 1/1/07.
(4) Opposition. Any party who wishes to oppose a Notice of Related Case(s), must,
within 5 days of the service of a Notice of Related Case(s), file directly in the appropriate department
designated in subsections (3)a), b) or c) above, and serve on all parties of record in each of the cases
listed in the Notice a brief pleading which shall set forth the reasons why one or more of such cases
is not a related case or why other good cause exists for the court not to make a transfer of a particular
case to or from a particular department.
(Rule 7.3(f)(4) [originally (3)] renumbered, amended and effective 1/1/2003.)
(5) Ruling on Notice of Related Case(s).
Upon the ruling on the Notice of Related Case(s) by the department designated
pursuant to these provisions, Notice of Ruling shall be given to all counsel and filed in each of the
cases identified in the Notice of Related Case(s).
Cases should be reviewed for pending ADR referrals and the court should
ensure the ADR process is for all the related cases and notify parties as such.
(Rule 7.3(f)(5) [as (4) 1/1/2000, 7/1/2002, old text repealed, new text added and effective 1/1/2003], 7/1/04.)
(6) When Notice of Related Case(s) is not required.
a) The Notice of Related Cases described in subsection (f)(2) above is not
required when all the cases to be related are assigned to the same department.
b) When Notice of Related Cases is not required pursuant to this subsection,
motions to consolidate must be filed in accordance with LASCR, Rule 7.3(g) below.
(Rule 7.3(f)(6) [{originally (5)} 1/1/2000] renumbered, amended and effective 1/1/2003.)
(7) Authority of Presiding Judge. Notwithstanding anything contained herein, the
presiding judge has the final authority to manage the court's business, including apportioning the
business of the court and assigning or reassigning cases to departments. See Code of Civil Procedure
section 402, Government Code section 69508, and Rule 10.603(b)(1)(B) of the Judicial
Administration Rules.
(Rule 7.3(f)(7) [Authority of Presiding Judge 1/1/2003] amended and effective 1/1/08.)
(Rule 7.3(f) [1/1/2003, 1/1/07, 1/1/08] Subsections: (1) Definition; (2) Notice; (4) Opposition; (5) Ruling on Notice of Related Case(s);
(6) When Notice of Related Case(s) is not required; and (7) Authority of Presiding Judge REPEALED,
(3) Procedure Regarding Assignment of Related Case(s) REPEALED in part; renumbered and amended __________________.)
(g) Consolidation of Cases. . . . .
(h) Coordination of Cases. . . . .
(i) Assignment for All Purposes. . . . .
(j) Effect of Judge Unavailability. . . . .
(k) Complex Litigation. . . . .
(l) Default Matters. . . . .
(Rule 7.3 [1/1/94, 1/1/95, 1/1/96, 3/1/96, 7/1/96, 1/1/97, 7/1/98,
1/1/2000, 4/1/2000, 11/01/00, 7/1/2002, 1/1/2003, 7/1/2004, 1/1/2006, 1/1/07, 7/1/07, 1/1/08]
14.4 RELATED FAMILY LAW CASES
Related Family Law cases, for the purpose of this section, are Los Angeles Superior Court
cases with that involve the same parties, or which substantially affect the same parties, and concern
and are based on issues governed by the Family Code or by the guardianship provisions of the
Probate Code. Related Family Law cases shall be assigned to the same Family Law department
except as provided in Rule 14.24.
Counsel for any party and self-represented parties in such cases shall inform the Court of all
such related cases by filing and service of must promptly serve and file a notice of related cases
in each such case or by orally informing the Court on the record as required by California Rules
of Court, rule 3.300(a).
(Rule 14.4 [7/1/04] adopted and effective _______________.)
14.5 TRANSFER OF RELATED FAMILY LAW CASES
A department of this Court to which a related Family Law case is assigned may transfer such
case to another Family Law department of this Court or may cause another related Family Law case
to be transferred to its department. Related Family Law cases shall be transferred, except for good
cause, to the department to which the lead case is assigned, according to the following guidelines.
1) The first filed marital or registered Domestic Partnership status case
(dissolution, legal separation or nullity) shall be the lead case;
2) The first filed parentage case (Uniform Parentage Act) shall be the lead case when
there is no marital status case.
3) Government parentage and support cases may be related to other Family Law cases
pursuant to Rule 14.24.
4) The first filed action for exclusive custody (Fam. Code, § 3120) shall be the lead
case when there is no marital status or parentage case.
5) A Domestic Violence Protection Act (DVPA) case shall not be the lead case over
any other type of Family Law case. The first filed pending DVPA case shall be the lead case. An
application for a DVPA temporary restraining order shall be assigned as provided in Rule 2.0(c).
However, unless good cause is shown, the hearing on the DVPA restraining order shall be set in the
department which has been assigned the lead case.
A department assigned related cases may consolidate or dismiss any such cases as provided
by law.
(Rule 14.5 [7/1/04] adopted and effective _________________.)
14.24 PATERNITY, CHILD AND SPOUSAL SUPPORT ACTIONS
(a) Central Civil West Actions. The following actions shall be heard at Central Civil West, as follows:
1) Actions filed by the Child Support Services Department (CSSD) pursuant to the Family Code for an order to establish paternity and/or child support, modify child support, obtain retroactive child support or enforce a child, spousal or family support order;
2) Actions filed, other than by the CSSD, involving only the modification or enforcement of a child, spousal or family support order or for the determination or collection of arrears in which the CSSD has made an appearance or is enforcing the child, spousal or family support order;
3) Upon proper notice, parties with matters pending in the Central Courthouse or District Family Law Departments may request transfer of the above actions to the Central or District Court;
4) Matters assigned to Central Civil West shall be assigned to the following courtroom by the last two digits of the case number. as follows:
LAST TWO DIGITS DEPARTMENT
00-24 2E
25-49 2F
50-74 2G
75-99 2H
(b) Central Courthouse and District Court Family Law Departments. The following actions shall be heard in the Family Law Departments of the Central Courthouse and District Courts:
1) Actions filed, other than by the CSSD, by any party pursuant to the Family Code to establish paternity or an original order for child, spousal or family support;
2) Actions filed, other than by the CSSD, by any party pursuant to the Family Code which involve issues in addition to child, spousal or family support, such as custody, visitation, division or control of property and personal restraining order;
3) All other actions not specified in subdivision (a) above, unless the CSSD files with the Court and serves upon the opposing party, if unrepresented or attorney of record at least fifteen (15) days prior to the scheduled court date, a written request for transfer to Central Civil West. The judge before whom the action is pending shall rule on the request for transfer and, if granted, a new hearing date at Central Civil West shall be set no later than fifteen (15) days from the date of transfer;
4) Incorrect Location of Filing: Transfer to Central Civil West. Any action which should have been filed at Central Civil West, pursuant to subdivision (a), above, but which has been incorrectly filed in any Family Law Department in the Central Courthouse or in any District Family Law Department shall be transferred to Central Civil West. The transfer shall be initiated forthwith upon the written request by letter or FAX from the CSSD or by the Court or Clerk of the Court after the discovery of the incorrect location of the filing. A notice of the transfer, specifying the reason for the transfer, shall be mailed to all parties, if unrepresented, or attorneys of record by the Superior Court Clerk in the Central District or in the district court. The notice shall also specify the new hearing date at Central Civil West. The new hearing date at Central Civil West shall be set no later than fifteen (15) days from the date of the transfer.
(Rule 14.24 [7/1/04] adopted and effective _____________.)
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