Last Friday, the Los Angeles County Superior Court held a webinar to update practitioners on the procedural changes instituted as a result of the pandemic and to answer questions about the changes. Attorney Andrew J. Sokolowski of the Matern Law Group in Manhattan Beach joined the webinar and wrote up the following very helpful and interesting report. Thank you, Andrew, for allowing me to share your report with the readers of this blog. The webinar was not recorded, and there will be no link to review later, so Andrew's detailed notes are particularly timely. Hyperlinks to the cited emergency orders and rules are included below.
The LASC webinar was about 90 minutes and Presiding Judge Brazile, Asst. Presiding Judge Taylor, and the Clerk Sherri Carter provided plenty of useful information.
My main takeaways: For civil cases, there will be no motion hearings, trials, MSCs, or new motion dates before 6/22/2020. Even after 6/22/2020, for trials the court will prioritize the backlog of criminal cases, unlawful detainer cases, and other cases entitled to preference.
More detailed information is below, organized by topic in the order they were presented:
Summary of LASC and Chief Justice Emergency Orders
All emergency orders by LASC are done through power granted by the Chief Justice (CJ).
The CJ can give those powers for up to 30 days, but they (and the orders resulting from them) can be renewed.
3/17/2020 LASC Order
- Closed the court for 3 days (3/17-19) which are holidays for purposes of calculating time.
- Defined “essential functions” that the court will provide beginning on 3/20 when it reopens.
- For civil: Civil Ex Partes Only
- Law and motion is not essential and will not be heard.
- Motions to compel, MSJs, demurrers, etc. are not essential and will not be heard.
- Court will be looking for a true emergency. The example Judge Brazile gave was moving to compel a depo of a witness who was likely to die in the near future. So pretty stringent.
- This order expires on 4/16 but Judge Brazile submitted a request to the CJ to extend it, which he should know this afternoon or Monday (and will likely be granted). The new order requests the extension through 6/22, although the CJ may cut it down to 30 days (to 5/17).
- Judge Brazile stressed that this is the time for civility and doing your best to work things out informally.
3/23/2020 LASC Order
- Limited access to the courthouse.
- Suspended all criminal and civil jury and non-jury trials until further notice.
3/30/2020 CJ Order
- Continued all trials for 60 days (through 5/30).
- Ordered courts to make use of technology “when possible” – this is DISCRETIONARY.
- Judge Brazile said civil cases will have to wait to use such means for hearings and trials, for reasons explained below.
- Judge Brazile also indicated the Court does not have the power to issue a blanket order authorizing e-service. He does not have the authority, at least not yet, although the CJ may eventually grant that authority or issue an emergency order to that effect.
4/6/2020 Judicial Council Emergency Rules
- Suspends UD actions.
- Authorizes remote judicial proceedings at the court’s discretion. Capacity for implementing this varies county by county, so it was not mandated.
- Extends 5-year rule by 6 months.
- Allows remote appearance of deponents.
- Judge Brazile anticipates the CJ will issue additional Emergency Rules for Civil. The initial focus has been on dealing with criminal cases due to Constitutional concerns.
LASC Ramp-Up
- The target date for LASC to start ramping back up to normal services is 6/22/2020.
- The ramp-up will be gradual. The ramp-up plan is still being finalized. But will include things like holding a reduced calendar at the outset, and gradually expanding to a full calendar for each courtroom.
- There will be a backlog of criminal trials, UD trials, and other trials entitled to statutory preference. This will delay getting civil trials set, given that jurors will need to go to those cases first.
Why is civil delayed? (Sherri Carter)
- 90% of LASC employees are now working remotely, for dedicated call centers dealing with self-help, etc.
- Courtrooms are closed, staff is not there. Many have shifted to different responsibilities.
Information from questions submitted by attendees.
- Are trial dates suspended through 6/22/2020? YES. Judge Brazile will be asking the CJ to extend the order suspending jury trials through the 6/22/2020 target date for ramp-up.
- When will jury trials resume again? Estimating late August or September, given that criminal, UD, and preference cases have to be addressed first.
- Judge Brazile is also soliciting help from the Bar for ideas on how to conduct trials while maintaining social distancing, which will likely still be needed beyond when the court resumes providing services.
- What about trials set between 4/16 and 6/22? They will be continued and reset at a later date after 6/22. All dates, including discovery, MSJ, etc. will be based on the new trial date. Notice will be sent by mail.
- Trial date after 6/22? These will also likely be vacated and reset – but IC judges will have the ability to manage these trial dates more independently. However, a trial set e.g., for 6/29 is unlikely to go forward given criminal, UD, and preference case backlogs.
- Can attorneys stipulate to a new trial date after 6/22? Yes, but subject to the Court’s approval. Pick a date sufficiently after the ramp-up starts.
- Will there be remote law and motion after 6/22? For some cases yes, but court-provided remote tech will first be dedicated to criminal cases. There is still CourtCall, but this is not provided by the Court (i.e., the parties must pay for it).
- Do the orders alter the period to exercise a 170.6? No.
- Hearing between 3/17 and 6/22? These will be continued. At present, Judge Brazile cannot estimate when they will be heard.
- Can I get a hearing date for new motions? The Court will start determining this over the next several weeks, but there will be no hearing dates for civil before 6/22/2020. No new reservation dates are being issued, so effectively new motions cannot be filed at Mosk.
- Why can’t civil motions be heard? Complex is closed and Mosk is closed. Even with CourtCall or Zoom, there is no one present to make a record entry, even remote hearings would require staff to be present in court, civil staff is reduced 90% and largely reassigned to criminal and call centers, no staff to make calendar entries and send out notice.
- Settlement conferences? Are not being conducted and will not be until the Court reopens.
- Is formal Court attire required for remote hearings? No, business casual is fine.
- Will there be remote trials after the Court reopens? For bench trials that would work. For jury trials, the Court needs comments from the Bar on how the logistics would work.
- What about statutory deadlines for law and motion (e.g., motion to compel)? All the dates will be continued, and the next emergency order from the Court will include language on tolling. Regardless, there will be good cause for filing them late.
General Comments
- My takeaway is that civil is doing less in order to provide call center services, and redeploy resources to criminal.
- Also, judges are being cross-trained in other areas. 1/3 of bench officers are over 65 and vulnerable. The Court wants to protect them, and also plan for the unfortunate circumstance that some judges are incapacitated by COVID-19.
- Judge Brazile stated multiple times: Now is the time for civility.
- The Court will need the support of the Bar in the Legislature when budget time comes. He foresees circumstances similar to the budget challenges during the great recession.