Preview
2022-SJ-008-02
FILED
Superior Court of California
County of Los Angeles
MAY 04 2022
Sherri R. Carter, cutive Officer/Clerk
B Deputy
ho
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
In re Personal Injury Cases Assigned to the ) SEVENTH AMENDED STANDING
Personal Injury Hub Courts (Spring Street ) ORDER FOR PROCEDURES IN THE
) PERSONAL INJURY HUB COURTS
Courthouse) ) EFFECTIVE MAY 16, 2022 (REVISED
) 05/04/2022)
)
10
ll STANDING ORDER RE; PROCEDURES AT PERSONAL INJURY
12 HUB COURTS AT THE SPRING STREET COURTHOUSE
13 The Superior Court of California, in and for the County of Los Angeles (Superior Court,
14 Los Angeles County), hereby issues the following order prescribing the procedures to be
15 followed in the Personal Injury Hub Courts at the Spring Street Courthouse.
16 1 Authority
17 This order is being made pursuant to the Code of Civil Procedure, the California Rules
18 of Court, rule 3.720, and the Superior Court, Los Angeles County, Local Rules, rule 3.23. It
19 supersedes the following General and Standing Orders:
20 A. Amended General Order Re: General Jurisdiction Personal Injury Cases — Filing
21 Location (5/16/2014);
22 B. First Amended Standing Order Re: Final Status Conference, Personal Injury
23 (“PI”) Courts (4/16/2018);
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SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN
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First Amended Standing Order Re: Personal Injury Procedures at the Spring
Street Courthouse (2/24/2020);
3 Third Amended Standing Order Re: Final Status Conference, Personal Injury
(“PI”) Courts (2/24/2020);
Fifth Amended Standing Order Re: Mandatory Settlement Conference (2/24/20);
Amended Supplemental Standing Order re Covid Protective Measures Related to
Final Status Conferences in Personal Injury Cases at the Spring Street Courthouse
(12/22/2020);
Sixth Amended Standing Order Re: Mandatory Settlement Conference (6/23/21);
10 and
ll Second Amended Supplemental Standing Order re Covid Protective Measures
12 Related to Final Status Conferences in Personal Injury Cases at the Spring Street
13 Courthouse (10/08/2021).
14 2. Definition of Personal Injury (PI) Cases
15 As prescribed by the Superior Court, Los Angeles County, Local Rules, rule 2.3(a)(1)(A),
16 “personal injury” cases ure those alleging injuries arising from:
17 0 2201 Motor Vehicle - Personal Injury/Property Damage/Wrongful Death
18 0 4601 Uninsured Motorist — Personal Injury/Property Damage/Wrongful Death
19 0 2301 Premises Liability (e.g., dangerous conditions of property, slip/trip and fall,
20 dog attack, etc.)
21 0 2302 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g., assault,
22 battery, vandalism, etc.)
23 0 2303 Intentional Infliction of Emotional Distress
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1 0 2304 Other Personal Injury/Property Damage/Wrongful Death
O 2307 Construction Accidents
3 The Superior Court, Los Angeles County, will assign a case to the PI Hub Courts if
plaintifi(s) checks any of the ubove boxes on the Civil Case Cover Sheet Addendum and
Statement of Location (Form LASC CIV 109).
However, cases alleging causes of action for product liability, medical or health
professional malpractice, elder abuse, sexual abuse, and habitability issues will not be assigned
to the PI Hub Courts. If any of the following boxes are checked on the Civil Case Cover Sheet
Addendum and Statement of Location, the case will be assigned to an Independent Calendar
10 Court:
Wl © 2401 Product Liability (not asbestos or toxic/environmental)
12 O 2402 Product Liability - Song-Beverly Consumer Warranty Act (Civil Code,
13 sections 1790-1795.8) (Lemon Law)
14 G 2305 Elder/Dependent Adult Abuse and Claims Against Skilled Nursing Facility
15 0 2306 Intentional Conduct - Sexual Abuse Case (in any form)
16 D 2308 Landlord - Tenant Habitability (e.g., bed bugs, mold, etc.)
17 04501 Medical Malpractice - Physicians & Surgeons
8 O 4502 Other Professional Health Care Malpractice
19 Independent Culendar Courts will handle such cases for all purposes, including trial.
20 3. Assignment to PI Hub Court and Final Status Conference, Trial, and Order to Show
21 Cause Dates
22 All Pl cases filed in Los Angeles County (with the exception of those filed in the Michael
23 || Antonovich Antelope Valley Courthouse) will be assigned to a PI Hub Court located at 312
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North Spring Street, Los Angeles, CA 90012. In addition, upon filing, a case will be assigned a
Trial date approximately 18 months from the filing date, a Final Status Conference (FSC) date
approximately eight court days prior to the Trial date, and a date for a hearing on an Order to
Show Cause why the case should not be dismissed pursuant to Code of Civil Procedure sections
583.410 and 583.420(a)(1) approximately 24 months from the filing date.
4. Transferring Cases from the PI Hub Courts
The Pf Hub Courts may transfer a cuse sua sponte based upon a determination that the
case is either not a PI case or that it requires more case management than the PI Hub Courts can
provide, given their case inventories.
10 5. Filing of Documents
il Except for self-represented litigants or counsel who have obtained an exemption from
12 mandatory electronic filing, parties must electronically file documents. Filings are no longer
13 accepted via facsimile. The requirements for electronic filing are detailed in the Superior
14 Court, Los Angeles County’s operative General Order Re Mandatory Electronic Filing for
15 Civil, available online at inips://www.JacourLore/division/eliline/pdf/GenOrdCiv HEfling.pdl
16 6. Service of Summons and Complaint
17 Plaintiff(s) shal! serve the summons and complaint upon Defendant(s) within 60 days of
18 filing of the complaint. (California Rules of Court, rule 3.110 (b).) Failure to do so may result
19 in the imposition of sanctions. (Code of Civil Procedure, sections 128, 177.5; California Rules
20 of Court, rule 2.30.) In addition, at a hearing on an Order to Show Cause re Dismissal (described
21 in Paragraph three above), the PI Hub Courts may dismiss the case and/or all unserved parties
22 unless Plaintiff(s) shows cause why the case or the unserved parties should not be dismissed.
23 (Code of Civil Procedure, sections 583.410, 583.420(a)(2).).
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7. Stipulations to Advance or Continue Trial
The Court may honor stipulations by all parties to a case to advance or continue a trial,
3 provided that the proposed trial date is not beyond 24 months of the filing of the complaint,
without a showing of good cause.
To advance or continue a trial date, the parties (or their counsel of record) should
jointly execute and submit a (Proposed) Order and Stipulation to Continue Trial, FSC [and
Related Motion/Discovery Dates Personal Injury Courts Only (Central District)] (LLACIV-
CIRL212), The PI Hub Courts schedule FSCs at 10:00 a.m., approximately eight court days
before the trial date. Parties seeking to advance or continue trial and FSC dates shall file the
10 stipulation at least eight court days before the existing FSC date. (Code of Civil Procedure,
ll section 595.2; Government Code, section 70617(c)(2).) In selecting a new trial date, parties
12 should avoid setting on Mondays, or Tuesdays following a court holiday.
13 Parties may submit a maximum of two stipulations to continue trial for a total
14 continuance of six months before 24 months of the filing of the complaint. Other requests to
15 continue trial will be granted only upon a showing of good cause by noticed motion.
16 8. No Case Management Conferences
17 The PI Hub Courts do not conduct case management conferences. Thus, the parties need
18 not file a Case Management Conference Statement.
19 9. Law and Motion
20 A. Reservation Hearing Date
21 Parties must reserve hearing dates for motions in the PI Hub Courts using the Court
22 Reservation System (CRS) available online (www lacourt.ore), After reserving a motion hearing
23 date, the reservation requestor must submit the moving pupers for filing with the reservation
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receipt number printed on the face page of the document under the caption and attach the
reservation receipt as the last page. Parties or counsel who are unable to utilize the online CRS
3 to reserve a hearing date may contact the assigned PI Hub Court for assistance, Monday through
Friday, between 3:00 p.m. and 4:00 p.m.
As soon as a reservation requestor realizes that a motion hearing, or other proceeding
requiring a reservation in the P! Hub Courts, such as in Informal Discovery Conference (IDC)
will not be necessary, the reservation requestor shall immediately use CRS to cancel the
reservation for the motion hearing, or other proceeding requiring a reservation.
If the moving party deems the hearing date to be too far in the future (for example, after
10 the trial date), parties should check CRS from time to time because earlier hearing dates may
1 become available as cases settle or hearings are taken off calendar, The Court will not advance
12 a hearing date because it is set after a trial date, If a hearing is set after the trial date, the moving
13 party should seek to continue the trial, by noticed motion, instead. (See, Section 10. Ex Parte
14 Applications, below.)
15 B. Electronically Filed Documents
16 Any and all electronically filed documents must be text searchable and bookmarked
17 pursuant to the operative General Order re Mandatory Electronic Filing for Civil, General Order
18 re Mandatory Electronic Filing in Civil,
9 C. Courtesy Copies
20 Courtesy copies are required for Ex Parte Applications, Motions for Summary Judgment,
21 Oppositions to Ex Parte Applicutions und Motions for, Oppositions to, and Replies to
22 Oppositions to Motions for Summary Judgment or Summary Adjudication.
23 Wt
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1 Courtesy copies must be submitted directly to the assigned PI Hub Court at the Spring
Street Courthouse. The PI Hub Courts strongly encourage the parties filing and opposing lengthy
3 motions for summary judgment or adjudication, to submit one or more three-ring binders
organizing the courtesy copies behind tabs. Any courtesy copies of documents with declarations
and/or exhibits must be tabbed. (California Rules of Court, rule 3.1110(f).) All deposition
excerpts referenced in briefs must be marked on the transcripts attached as exhibits. (California
Rules of Court, rule 3.1116(c).) Courtesy copies, including any media attached thereto, will be
destroyed by the Court without notice following the hearing.
D. Withdrawal of Motions
10 Ifa moving party takes a motion off a PI Hub Court’s calendar, the moving party must
11 notify the court immediately and should remove the item from the Court’s calendar on CRS.
12 (California Rules of Court, rule 3.1304(b).) If, in response to a demurrer or a motion to strike,
13 a party exercises its right to amend a pleading as prescribed by Code of Civil Procedure section
14 472(a), the Court requests that party work with the party who filed the demurrer or motion to
15 strike to take the demurrer or motion to strike off calendar so that the PI Hub Courts do not
16 needlessly prepare tentative rulings.
17 E. Motions to Compel Further Responses to Discovery
18 PI Hub Courts will not hear Motions to Compel Further Discovery Responses to
19 Discovery until the parties have engaged in an Informal Discovery Conference (IDC).
20 PI Hub Courts may deny or continue a Motion to Compel Further Responses to
21 Discovery unless the parties have participated in an IDC before the scheduled hearing on a
22 motion to compel further discovery responses.
23 Mi
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After meeting and conferring about available dates for an IDC, the moving/propounding
parly shall reserve an IDC through CRS (see paragraph 9 above) and provide notice of the
reserved IDC to the opposing/responding party by filing and serving an Informal Discovery
Conference Form for Personal Injury Courts |.ASC CIV 239 at least 15 court days before the
IDC and attach the CRS reservation receipt as the last page. The IDC will not be “scheduled”
by the court until the IDC Form is filed. The opposing/responding party may file and serve a
responsive IDC Form at least 10 court days before the IDC. All parties shall briefly set forth
their respective positions on the pending discovery issues on the IDC Form.
Ideally, the parties should participate in an IDC before a Motion to Compel Further
10 Discovery Responses is filed because the IDC may avoid the necessity of such a motion or, at
11 least, reduce ils scope. Because of that possibility, parties are encouraged to stipulate to extend
12 the deadline for filing a Motion to Compel Further Discovery Responses by 60 days in order to
13 allow time to participate in an [DC and to informally resolve the pending discovery issues.
14 Note: Reserving or scheduling an IDC does not extend the time to file a Motion to
15 Compel Further Discovery Responses.
16 If parties do not stipulate to extend the deadline(s) to file a Motion to Compel Further
17 Discovery Responses, the moving/propounding party may file the motion to avoid it being
18 deemed untimely. However, the IDC must take place before the motion is heard so it is
19 suggested that the moving party reserve a dute for the motion hearing that is at least 60 days after
20 the date when an IDC is scheduled. Note: A party’s failure to stipulate to extend the time to
21 bring a Motion to Compel Further Discovery Responses so that an IDC may be held may subject
22 the parties and/or counsel to the imposition of sanctions.
23 Mit
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The PI Hub Courts have found that, in most cases, IDCs are successful at assisting the
parties to amicably resolve their discovery disputes, and in resolving the case as a whole. The
3 purpose of the IDC is to assist the parties to resolve and/or narrow the scope of discovery
disputes. Therefore, parties, through their respective counsel of record with full authority to
make binding agreements, shall participate in the scheduled IDC. The PI Hub Courts have found
that most discovery disputes result from a failure to meaningfully meet and confer on the pending
discovery issues. The PI Hub Courts generally find that meeting and conferring by only
exchanging letters and e-mails, as opposed to actual conversation, are insufficient and
ineffective. Thus, in requesting an IDC, the parties must indicate on their IDC forms what efforts
10 were made to informally resolve pending discovery issues, which must include in-person or
11 virtual meetings or telephonic communications. (The PI Hub Courts require this same showing
12 in declarations filed in support of, and in opposition to, Motions to Compel Further Discovery
13 Responses.)
14 Time permitting, the PI! Hub Courts may be available to conduct IDCs to resolve other
15 types of discovery disputes.
16 10. Ex Parte Applications
17 The PI Hub Courts will only grant ex parte relief upon a showing, by admissible
18 evidence, that the moving party will suffer “irreparable harm,” “immediate danger,” or where
19 the moving purty identifies “a statutory basis for granting relief ex parte.” (California Rules of
20 Court, rule 3.1202(c).) The PI Hub Courts have no capacity to hear multiple ex parte
21 applications or to shorten time to add hearings to their fully booked motion calendars. Given
22 the P] Hub Courts’ impacted calendars, a PI Hub Court’s unavailability for timely motion
23 hearings is nol an “immediate danger” or threat of “irreparable harm” justifying ex parte relief.
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1 Instead of seeking ex parte relief, the moving party should reserve the earliest available motion
hearing date (even if it is after the scheduled trial date) and file a noticed motion to continue the
3 trial.
And, again, parties should check CRS from time to time because earlier hearing dates
may become available as cases settle or hearings are taken off calendar.
11. Jury Fees
Parties must pay jury fees no later than 365 calendar days after the filing of the initial
complaint. (Code of Civil Procedure, § 631(c)(2).)
9 12. Final Status Conference
10 A. Purpose
11 The purpose of the FSC is to verify that the parties are completely ready to proceed with
12 trial continuously and efficiently, from day to day, until verdict, The PI Hub Courts will verify
13 at the FSC that all parties have (1) prepared all necessary trial documents, and (2) met and
14 conferred in an effort to stipulate to ultimate facts, legal issues, Motions in Limine, and the
15 authentication/foundation and admissibility of exhibits.
16 B. Trial Documents to Be Filed
17 At least five calendar days prior to the FSC, the parties shall serve and file the following
18 Trial Readiness Documents:
19 | Trial Briefs (Optional)
20 Each party may, but is not required to, file a trial brief succinctly identifying:
21 a. the claims and defenses subject to litigation;
22 b, the major legal issues (with supporting points and authorities);
23 c. the relief claimed and calculation of damages sought; and
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d. any other information that may assist the court at wial.
2. Motions in Limine
Before filing Motions in Limine, the parties shall comply with the statutory notice
provisions of Code of Civil Procedure section 1005 and the requirements of the Superior Court >
Los Angeles County, Local Rules, rule 3.57(a). The caption of each Motion in Limine shall
concisely identify the evidence that the moving purty seeks to preclude. Parties filing more than
one Motion in Limine shall number them consecutively. Parties filing opposition and reply
documents shall identify the corresponding motion number in the caption.
3. Joint Statement to Be Read to the Jury
10 For jury trials, the parties shall prepare and file a joint written statement of the case for
1 the tial court to read to the jury. (Superior Court, Los Angeles County, Local Rules, rule
12 3.25(g)(4).)
13 4. Joint Witness List
14 The parties shall prepare and file a joint, alphabetized by last name, list of all witnesses
45 that each party intends to call, excluding impeachment and rebuttal witnesses. (Superior Court,
16 Los Angeles County, Local Rules, rule 3.25(g)(5).) The joint witness list shall identify each
17 witness by name, specify which witnesses are non-experts and experts, estimate the length of the
18 direct, cross, and re-direct examination of each witness, and include a total number of hours for
19 all witness testimony. The parties shal! identify all potential witness scheduling issues and
20 special requirements. Any party who seeks to elicit testimony from a witness not identified on
21 the witness list must first make a showing of good cause to the trial court.
22 Ml
23 Mt
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5. List of Proposed Jury Instructions (Joint and Contested)
The parties shall jointly prepare and file a list of proposed jury instructions, organized in
3 numerical order, including columns to indicate whether an instruction is agreed to or contested,
In addition, the List of Proposed Jury Instructions must include columns for a trial judge to
indicate whether an instruction was given, given as modified, refused or withdrawn. (California
Rules of Court, rule 2.1055.)
6. Jury Instructions Joint and Contested)
The parties shall prepare a complete set of full text proposed jury instructions in a format
ready for submission to the jury, by editing all proposed California Civil Jury Instructions
10 including inserting party name(s) and eliminating blanks, brackets, and irrelevant material. The
Il parties may prepare special instructions in a format ready for submission to the jury with the
12 instruction number, title, and text only (i.e., there should be no boxes or other indication on
13 the printed instruction itself as to which party is requesting the instruction).
4 7. Joint Verdict Form(s)
15 The parties shall prepare and jointly file a proposed general verdict form or special
16 verdict form (with interrogatories) acceptable to all parties. (Superior Court, Los Angeles
17 County, Local Rules, rule 3.25(g)(8).) If the parties cannot agree on a joint verdict form, each
18 party must separately file a proposed verdict form.
19 8. Joint Exhibit List
20 The parties shall prepare and file a joint exhibit list organized with columns identifying
21 each exhibit, setting forth stipulations, if any, to authenticity/foundation and admissibility of
22 exhibits, and specifying evidentiary objections, if any, to the admission of an exhibit. If an
23 objection to an exhibit is not articulated on the exhibit list, the trial court may deem the exhibit
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admitted. The parties shall meet and confer regarding stipulations to authenticity/foundation and
admissibility of exhibits, and to resolve objections, if any, to the admission of an exhibit, before
3 filing the Joint Exhibit List.
9. Page und Line Designation for Deposition and Former Testimony
If the parties intend to use deposition testimony or former trial testimony in lieu of any
witness’ live testimony, the parties shall meet and confer, and jointly prepare and file a chart
with columns for each of the following: 1) the page and line designations of the deposition or
former testimony requested for use, 2) objections, 3) counter-designations, 4) any responses
thereto, and 5) the Court’s ruling.
10 C. Items to be Presented at the Final Status Conference
11 1 Trial Binders
12 The parties shail jointly prepare (and be ready to temporarily lodge) 3-ring binders
13 containing conformed (filed in eCourt) copies of all the following:
14 Tab A: Trial Briefs (Optional)
15 Tab B: Motions in Limine
16 The parties shall organize Motions in Limine (tabbed in numerical order) with the
17 opposition papers and reply papers for each motion placed directly behind the moving
18 Papers.
19 Tab C: Joint Statement to Be Read to the Jury
20 Tab D: Joint Witness List
21 Tab E: Joint List of Jury Instructions (identifying the agreed upon and contested
22 instructions)
23 Tab F: Joint and Contested Jury Instructions
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The parties shall organize proposed jury instructions with the agreed upon instructions
first in order followed by the contested instructions (including special instructions)
3 submitted by each party.
Tab G; Joint and/or Contested Verdict Form(s)
Tab H: Joint Exhibit List
Tab I: Joint Chart of Page and Line Designation(s) for Deposition and Former Testimony
Tab J: Copies of the Current Operative Pleadings (including the operative complaint,
answer, cross-complaint, if any, and answer to any cross-complaint).
9 22. Filing and Electronic Submission of Trial Documents
10 In an effort to reduce the number of in-person appearances in the PI Hub Courts, in
i addition to the parties filing and serving the Trial Documents at least five calendar days prior to
12 the FSC, two court days prior to the FSC, the parties must provide the PI Hub Court with the
13 trial binders in electronic form (see below). This will allow parties to appear remotely for the
14 FSC and provide the PI Hub Courts with the opportunity to review the trial binders to determine
15 whether parties are ready for trial. Hard copies of the trial binders will continue to be required
16 for the trial.
17 a. The parties must submit in one PDF conformed copies of the joint statement of the
18 case, joint witness list, joint list of jury instructions, full-text joint and contested jury
19 instructions, joint and/or contested verdict form(s), joint exhibit list, joint deposition
20 designation chart, and operative pleadings as listed in paragraph C.1. above (Tabs C
21 through J).
22 The trial briefs and Motions in Limine, oppositions, and replies, if any, must be
23 submitted in a separate PDF as listed in paragraph C.1 above (Tabs A and B). Ifa
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Motion in Limine and exhibits thereto exceed 10 pages, the parties may submit
just the face page of the motion. (The entire motion will still need to be brought to
the trial in the appropriate binder.)
The PDFs must be text searchable.
d The PDFs must be bookmarked which is essentially an electronic tab so that the PI
Hub Court is able to find and navigate among the trial documents.
(See hitps://helpx.adobe.com/acrobai/using/page-thumbnails-book marks-
jl's. hin! for bookmarking instructions.)
9 The PDFs must be emailed to the applicable email address listed below:
10 Department 27 at ssedepi27ESC @ LACour.ore
11 Department 28 at ssedept28FSC @LACourt.org
12 Department 29 at ssedept29FSC @LACourtore
13 Department 30 at sscdept30FSC@LACourLorg
14 Department31 at ssedepi3) FSC @LACourLorg
15 Department 32 at ssedept32FSC @ LACourtorg
16 The subject line in the email must include identifying case information as follows:
17 [Insert Case Number] Trial Readiness Binder, FSC, [Insert MM/DD/YEAR of
18 Hearing Date] (e.g., 20STCV00001 Trial Readiness Binder, FSC 01/11/2022).
1 Each email should have two PDFs attached — one containing the trial documents and
20 the other containing the trial briefs and Motions in Limine, if applicable.
21 The parties need not email the evidentiary exhibit binders to the PI Hub Court for the
22 FSC. However, the parties shall prepare the exhibit binders as required (see section
23 3. Evidentiary Exhibits, below) and be prepared to represent to the PI Hub Court that
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the binders have been properly prepared. Hard copies of the exhibit binders will be
required for the trial court.
3 3. Evidentiary Exhibits
The parties shall jointly prepare (and be ready to temporarily lodge for inspection at the
FSC) three sets of tabbed, internally paginated by document, and properly marked exhibits,
organized numerically in three-ring binders (a set for the trial court, the Judicial Assistant, and
the witnesses). The parties shall mark all non-documentary exhibits and insert a simple written
description of the exhibit behind the corresponding numerical tab in the exhibit binder.
D. Failure To Comply with Final Status Conference Obligations
10 The PI Hub Courts have the discretion to require any party or counsel of record who fails or
i refuses to comply with this Standing Order to show cause why the Court should not impose
12 monetary, evidentiary, and/or issue sanctions (including the entry of a default or the striking of
13 an answer).
14 13. Mandatory Settlement Conferences
15 Mandatory Settlement Conferences (MSC) are available on a virtual platform hosted by
16 the Beverly Hills Bar Association at ResolveLawLA.com. MSCs are conducted by volunteer
17 attorneys from the American Board of Trial Advocates, the Association of Southern California
18 Defense Counsel, the Consumer Attorneys Association of Los Angeles, and the Beverly Hills
19 Bar Association and are overseen by the Court.
20 at
21 My
22 HH
23 Mt
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MSCs are available in cases with two sides! 1) by stipulation, or 2) by court order at the
Final Status Conference. If parties stipulate to participate in a ResolveLawLA MSC, they must
3 seek leave of Court to do so, by making an ex parte application using the PI Hub MSC
Supulation form. Both parties should appear at the ex parte hearing. At the Final Status
Conference, the Court may order parties to participate in a MSC if the Court feels that it could
assist the parties in resolving the case.
Whether by stipulation or court order, parties must access the ResolveLawLA website
al www Resolvel awl A.com to create an account and register the case for MSC within two court
days of the Court’s order of the MSC. Plaintiff or its, her or his counsel (Plaintiff) must
10 coordinate with Defendant or its, her or his counsel (Defendant) and select a mutually agreed
I upon date and time for the MSC prior to the trial date. Plaintiff shall also provide the name, email
12 address, and phone number for Defendant when registering the case for an MSC.
13 A MSC brief shall be lodged by each party at ResolveLawLA.com and served on all
14 parties not less than five court days before the scheduled MSC. The settlement conference
15 statement shall be limited to five pages on the MSC Brief and 10 pages for
16 exhibits. ResolveLawLA MSCs are available at 9 a.m. and 1:30 p.m. Monday through Friday,
17 excluding court holidays, and are conducted on a virtual platform. After a MSC is scheduled,
18 the ResolveLawLA system will send notifications via text and/or email and will include a link
19 for counsel, the parties, and insurance representatives to join the MSC remotely.
20
21
22
23 ' Cases with cross-complaints or separately represented defendants are not eligible.
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1 Pursuant to California Rules of Court, rule 3.1380(b) and Superior Court, Los Angeles
County, Local Rules, rule 3,25(d), counsel, the parties, and persons with full authority to settle
3 the case (including insurance company representatives) must attend the MSC virtually unless a
judicial officer has excused the virtual appearance for good cause. Once Defendants are notified
that a case has been scheduled for a MSC, Defendants shall create their own login to the
ResolveLawLA.com system, and shall list all parties, party representatives and insurance
adjusters’ names, phone numbers, and emails where indicated. In the event the MSC needs to be
canceled or rescheduled, it must be canceled through ResolveLawLA.
Ifthe case settles before a scheduled MSC, parties shall forthwith notify the PI Hub Court
10 to which the case is assigned of such settlement. The parties should also document their
11 settlement agreement in writing signed by all parties whether before or at the scheduled MSC.
12 14. Trials
13 The PI Hub Courts do not conduct trials. On the trial date, all parties and/or their trial
14 counsel must appear in person in the PI Hub Court assigned to the case. Upon confirming that
15 the parties are trial-ready, the PI Hub Court will obtain a Trial Court assignment from Stanley
16 Mosk Courthouse, Department 1, and will inform the parties and/or trial counsel of the
17 assignment. The parties then have 20 minutes within which to exercise a peremptory challenge
18 to the assigned trial court, assuming that party had not previously exercised the party’s right to
19 make such a challenge.
20 Should a Plaintiff fail to appear at trial, the PI Hub Court will dismiss the case without
21 prejudice. (Code of Civil Procedure section 58 1(b)(3).) If a Defendant fails to appear at trial, the
22 PI Hub court will obtain a Trial Court assignment from Department | and the Plaintiff will
23 Mi
PAGE 18 OF 19
SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN
THE PERSONAL INJURY HUB COURT
2022-SJ-008-02
proceed with an uncontested trial pursuant to Code of Civil Procedure section 594 and Warden
v. Lamb (1929) 98 Cal.App. 738, 741.
15. Sanctions
The Court has discretion to impose sanctions for any violation of this Standing Order.
(Code of Civil Procedure, sections 128.7, 187; Government Code, section 68608(b).)
Dated: ( («cl a (De
Judge David J. Cowan
Supervising Judge, Civil Division
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PAGE 19 OF 19
SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN
THE PERSONAL INJURY HUB COURT
Preview
2022-SJ-008-02 FILED Superior Court of California County of Los Angeles MAY 04 2022 Sherri R. Carter, cutive Officer/Clerk B Deputy ho SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT In re Personal Injury Cases Assigned to the ) SEVENTH AMENDED STANDING Personal Injury Hub Courts (Spring Street ) ORDER FOR PROCEDURES IN THE ) PERSONAL INJURY HUB COURTS Courthouse) ) EFFECTIVE MAY 16, 2022 (REVISED ) 05/04/2022) ) 10 ll STANDING ORDER RE; PROCEDURES AT PERSONAL INJURY 12 HUB COURTS AT THE SPRING STREET COURTHOUSE 13 The Superior Court of California, in and for the County of Los Angeles (Superior Court, 14 Los Angeles County), hereby issues the following order prescribing the procedures to be 15 followed in the Personal Injury Hub Courts at the Spring Street Courthouse. 16 1 Authority 17 This order is being made pursuant to the Code of Civil Procedure, the California Rules 18 of Court, rule 3.720, and the Superior Court, Los Angeles County, Local Rules, rule 3.23. It 19 supersedes the following General and Standing Orders: 20 A. Amended General Order Re: General Jurisdiction Personal Injury Cases — Filing 21 Location (5/16/2014); 22 B. First Amended Standing Order Re: Final Status Conference, Personal Injury 23 (“PI”) Courts (4/16/2018); PAGE 1 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 First Amended Standing Order Re: Personal Injury Procedures at the Spring Street Courthouse (2/24/2020); 3 Third Amended Standing Order Re: Final Status Conference, Personal Injury (“PI”) Courts (2/24/2020); Fifth Amended Standing Order Re: Mandatory Settlement Conference (2/24/20); Amended Supplemental Standing Order re Covid Protective Measures Related to Final Status Conferences in Personal Injury Cases at the Spring Street Courthouse (12/22/2020); Sixth Amended Standing Order Re: Mandatory Settlement Conference (6/23/21); 10 and ll Second Amended Supplemental Standing Order re Covid Protective Measures 12 Related to Final Status Conferences in Personal Injury Cases at the Spring Street 13 Courthouse (10/08/2021). 14 2. Definition of Personal Injury (PI) Cases 15 As prescribed by the Superior Court, Los Angeles County, Local Rules, rule 2.3(a)(1)(A), 16 “personal injury” cases ure those alleging injuries arising from: 17 0 2201 Motor Vehicle - Personal Injury/Property Damage/Wrongful Death 18 0 4601 Uninsured Motorist — Personal Injury/Property Damage/Wrongful Death 19 0 2301 Premises Liability (e.g., dangerous conditions of property, slip/trip and fall, 20 dog attack, etc.) 21 0 2302 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g., assault, 22 battery, vandalism, etc.) 23 0 2303 Intentional Infliction of Emotional Distress PAGE 2 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 1 0 2304 Other Personal Injury/Property Damage/Wrongful Death O 2307 Construction Accidents 3 The Superior Court, Los Angeles County, will assign a case to the PI Hub Courts if plaintifi(s) checks any of the ubove boxes on the Civil Case Cover Sheet Addendum and Statement of Location (Form LASC CIV 109). However, cases alleging causes of action for product liability, medical or health professional malpractice, elder abuse, sexual abuse, and habitability issues will not be assigned to the PI Hub Courts. If any of the following boxes are checked on the Civil Case Cover Sheet Addendum and Statement of Location, the case will be assigned to an Independent Calendar 10 Court: Wl © 2401 Product Liability (not asbestos or toxic/environmental) 12 O 2402 Product Liability - Song-Beverly Consumer Warranty Act (Civil Code, 13 sections 1790-1795.8) (Lemon Law) 14 G 2305 Elder/Dependent Adult Abuse and Claims Against Skilled Nursing Facility 15 0 2306 Intentional Conduct - Sexual Abuse Case (in any form) 16 D 2308 Landlord - Tenant Habitability (e.g., bed bugs, mold, etc.) 17 04501 Medical Malpractice - Physicians & Surgeons 8 O 4502 Other Professional Health Care Malpractice 19 Independent Culendar Courts will handle such cases for all purposes, including trial. 20 3. Assignment to PI Hub Court and Final Status Conference, Trial, and Order to Show 21 Cause Dates 22 All Pl cases filed in Los Angeles County (with the exception of those filed in the Michael 23 || Antonovich Antelope Valley Courthouse) will be assigned to a PI Hub Court located at 312 PAGE3 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 North Spring Street, Los Angeles, CA 90012. In addition, upon filing, a case will be assigned a Trial date approximately 18 months from the filing date, a Final Status Conference (FSC) date approximately eight court days prior to the Trial date, and a date for a hearing on an Order to Show Cause why the case should not be dismissed pursuant to Code of Civil Procedure sections 583.410 and 583.420(a)(1) approximately 24 months from the filing date. 4. Transferring Cases from the PI Hub Courts The Pf Hub Courts may transfer a cuse sua sponte based upon a determination that the case is either not a PI case or that it requires more case management than the PI Hub Courts can provide, given their case inventories. 10 5. Filing of Documents il Except for self-represented litigants or counsel who have obtained an exemption from 12 mandatory electronic filing, parties must electronically file documents. Filings are no longer 13 accepted via facsimile. The requirements for electronic filing are detailed in the Superior 14 Court, Los Angeles County’s operative General Order Re Mandatory Electronic Filing for 15 Civil, available online at inips://www.JacourLore/division/eliline/pdf/GenOrdCiv HEfling.pdl 16 6. Service of Summons and Complaint 17 Plaintiff(s) shal! serve the summons and complaint upon Defendant(s) within 60 days of 18 filing of the complaint. (California Rules of Court, rule 3.110 (b).) Failure to do so may result 19 in the imposition of sanctions. (Code of Civil Procedure, sections 128, 177.5; California Rules 20 of Court, rule 2.30.) In addition, at a hearing on an Order to Show Cause re Dismissal (described 21 in Paragraph three above), the PI Hub Courts may dismiss the case and/or all unserved parties 22 unless Plaintiff(s) shows cause why the case or the unserved parties should not be dismissed. 23 (Code of Civil Procedure, sections 583.410, 583.420(a)(2).). PAGE 4 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 7. Stipulations to Advance or Continue Trial The Court may honor stipulations by all parties to a case to advance or continue a trial, 3 provided that the proposed trial date is not beyond 24 months of the filing of the complaint, without a showing of good cause. To advance or continue a trial date, the parties (or their counsel of record) should jointly execute and submit a (Proposed) Order and Stipulation to Continue Trial, FSC [and Related Motion/Discovery Dates Personal Injury Courts Only (Central District)] (LLACIV- CIRL212), The PI Hub Courts schedule FSCs at 10:00 a.m., approximately eight court days before the trial date. Parties seeking to advance or continue trial and FSC dates shall file the 10 stipulation at least eight court days before the existing FSC date. (Code of Civil Procedure, ll section 595.2; Government Code, section 70617(c)(2).) In selecting a new trial date, parties 12 should avoid setting on Mondays, or Tuesdays following a court holiday. 13 Parties may submit a maximum of two stipulations to continue trial for a total 14 continuance of six months before 24 months of the filing of the complaint. Other requests to 15 continue trial will be granted only upon a showing of good cause by noticed motion. 16 8. No Case Management Conferences 17 The PI Hub Courts do not conduct case management conferences. Thus, the parties need 18 not file a Case Management Conference Statement. 19 9. Law and Motion 20 A. Reservation Hearing Date 21 Parties must reserve hearing dates for motions in the PI Hub Courts using the Court 22 Reservation System (CRS) available online (www lacourt.ore), After reserving a motion hearing 23 date, the reservation requestor must submit the moving pupers for filing with the reservation PAGE 5 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 receipt number printed on the face page of the document under the caption and attach the reservation receipt as the last page. Parties or counsel who are unable to utilize the online CRS 3 to reserve a hearing date may contact the assigned PI Hub Court for assistance, Monday through Friday, between 3:00 p.m. and 4:00 p.m. As soon as a reservation requestor realizes that a motion hearing, or other proceeding requiring a reservation in the P! Hub Courts, such as in Informal Discovery Conference (IDC) will not be necessary, the reservation requestor shall immediately use CRS to cancel the reservation for the motion hearing, or other proceeding requiring a reservation. If the moving party deems the hearing date to be too far in the future (for example, after 10 the trial date), parties should check CRS from time to time because earlier hearing dates may 1 become available as cases settle or hearings are taken off calendar, The Court will not advance 12 a hearing date because it is set after a trial date, If a hearing is set after the trial date, the moving 13 party should seek to continue the trial, by noticed motion, instead. (See, Section 10. Ex Parte 14 Applications, below.) 15 B. Electronically Filed Documents 16 Any and all electronically filed documents must be text searchable and bookmarked 17 pursuant to the operative General Order re Mandatory Electronic Filing for Civil, General Order 18 re Mandatory Electronic Filing in Civil, 9 C. Courtesy Copies 20 Courtesy copies are required for Ex Parte Applications, Motions for Summary Judgment, 21 Oppositions to Ex Parte Applicutions und Motions for, Oppositions to, and Replies to 22 Oppositions to Motions for Summary Judgment or Summary Adjudication. 23 Wt PAGE 6 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 1 Courtesy copies must be submitted directly to the assigned PI Hub Court at the Spring Street Courthouse. The PI Hub Courts strongly encourage the parties filing and opposing lengthy 3 motions for summary judgment or adjudication, to submit one or more three-ring binders organizing the courtesy copies behind tabs. Any courtesy copies of documents with declarations and/or exhibits must be tabbed. (California Rules of Court, rule 3.1110(f).) All deposition excerpts referenced in briefs must be marked on the transcripts attached as exhibits. (California Rules of Court, rule 3.1116(c).) Courtesy copies, including any media attached thereto, will be destroyed by the Court without notice following the hearing. D. Withdrawal of Motions 10 Ifa moving party takes a motion off a PI Hub Court’s calendar, the moving party must 11 notify the court immediately and should remove the item from the Court’s calendar on CRS. 12 (California Rules of Court, rule 3.1304(b).) If, in response to a demurrer or a motion to strike, 13 a party exercises its right to amend a pleading as prescribed by Code of Civil Procedure section 14 472(a), the Court requests that party work with the party who filed the demurrer or motion to 15 strike to take the demurrer or motion to strike off calendar so that the PI Hub Courts do not 16 needlessly prepare tentative rulings. 17 E. Motions to Compel Further Responses to Discovery 18 PI Hub Courts will not hear Motions to Compel Further Discovery Responses to 19 Discovery until the parties have engaged in an Informal Discovery Conference (IDC). 20 PI Hub Courts may deny or continue a Motion to Compel Further Responses to 21 Discovery unless the parties have participated in an IDC before the scheduled hearing on a 22 motion to compel further discovery responses. 23 Mi PAGE 7OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 After meeting and conferring about available dates for an IDC, the moving/propounding parly shall reserve an IDC through CRS (see paragraph 9 above) and provide notice of the reserved IDC to the opposing/responding party by filing and serving an Informal Discovery Conference Form for Personal Injury Courts |.ASC CIV 239 at least 15 court days before the IDC and attach the CRS reservation receipt as the last page. The IDC will not be “scheduled” by the court until the IDC Form is filed. The opposing/responding party may file and serve a responsive IDC Form at least 10 court days before the IDC. All parties shall briefly set forth their respective positions on the pending discovery issues on the IDC Form. Ideally, the parties should participate in an IDC before a Motion to Compel Further 10 Discovery Responses is filed because the IDC may avoid the necessity of such a motion or, at 11 least, reduce ils scope. Because of that possibility, parties are encouraged to stipulate to extend 12 the deadline for filing a Motion to Compel Further Discovery Responses by 60 days in order to 13 allow time to participate in an [DC and to informally resolve the pending discovery issues. 14 Note: Reserving or scheduling an IDC does not extend the time to file a Motion to 15 Compel Further Discovery Responses. 16 If parties do not stipulate to extend the deadline(s) to file a Motion to Compel Further 17 Discovery Responses, the moving/propounding party may file the motion to avoid it being 18 deemed untimely. However, the IDC must take place before the motion is heard so it is 19 suggested that the moving party reserve a dute for the motion hearing that is at least 60 days after 20 the date when an IDC is scheduled. Note: A party’s failure to stipulate to extend the time to 21 bring a Motion to Compel Further Discovery Responses so that an IDC may be held may subject 22 the parties and/or counsel to the imposition of sanctions. 23 Mit PAGE 8 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 The PI Hub Courts have found that, in most cases, IDCs are successful at assisting the parties to amicably resolve their discovery disputes, and in resolving the case as a whole. The 3 purpose of the IDC is to assist the parties to resolve and/or narrow the scope of discovery disputes. Therefore, parties, through their respective counsel of record with full authority to make binding agreements, shall participate in the scheduled IDC. The PI Hub Courts have found that most discovery disputes result from a failure to meaningfully meet and confer on the pending discovery issues. The PI Hub Courts generally find that meeting and conferring by only exchanging letters and e-mails, as opposed to actual conversation, are insufficient and ineffective. Thus, in requesting an IDC, the parties must indicate on their IDC forms what efforts 10 were made to informally resolve pending discovery issues, which must include in-person or 11 virtual meetings or telephonic communications. (The PI Hub Courts require this same showing 12 in declarations filed in support of, and in opposition to, Motions to Compel Further Discovery 13 Responses.) 14 Time permitting, the PI! Hub Courts may be available to conduct IDCs to resolve other 15 types of discovery disputes. 16 10. Ex Parte Applications 17 The PI Hub Courts will only grant ex parte relief upon a showing, by admissible 18 evidence, that the moving party will suffer “irreparable harm,” “immediate danger,” or where 19 the moving purty identifies “a statutory basis for granting relief ex parte.” (California Rules of 20 Court, rule 3.1202(c).) The PI Hub Courts have no capacity to hear multiple ex parte 21 applications or to shorten time to add hearings to their fully booked motion calendars. Given 22 the P] Hub Courts’ impacted calendars, a PI Hub Court’s unavailability for timely motion 23 hearings is nol an “immediate danger” or threat of “irreparable harm” justifying ex parte relief. PAGE 9 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 1 Instead of seeking ex parte relief, the moving party should reserve the earliest available motion hearing date (even if it is after the scheduled trial date) and file a noticed motion to continue the 3 trial. And, again, parties should check CRS from time to time because earlier hearing dates may become available as cases settle or hearings are taken off calendar. 11. Jury Fees Parties must pay jury fees no later than 365 calendar days after the filing of the initial complaint. (Code of Civil Procedure, § 631(c)(2).) 9 12. Final Status Conference 10 A. Purpose 11 The purpose of the FSC is to verify that the parties are completely ready to proceed with 12 trial continuously and efficiently, from day to day, until verdict, The PI Hub Courts will verify 13 at the FSC that all parties have (1) prepared all necessary trial documents, and (2) met and 14 conferred in an effort to stipulate to ultimate facts, legal issues, Motions in Limine, and the 15 authentication/foundation and admissibility of exhibits. 16 B. Trial Documents to Be Filed 17 At least five calendar days prior to the FSC, the parties shall serve and file the following 18 Trial Readiness Documents: 19 | Trial Briefs (Optional) 20 Each party may, but is not required to, file a trial brief succinctly identifying: 21 a. the claims and defenses subject to litigation; 22 b, the major legal issues (with supporting points and authorities); 23 c. the relief claimed and calculation of damages sought; and PAGE 10 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 d. any other information that may assist the court at wial. 2. Motions in Limine Before filing Motions in Limine, the parties shall comply with the statutory notice provisions of Code of Civil Procedure section 1005 and the requirements of the Superior Court > Los Angeles County, Local Rules, rule 3.57(a). The caption of each Motion in Limine shall concisely identify the evidence that the moving purty seeks to preclude. Parties filing more than one Motion in Limine shall number them consecutively. Parties filing opposition and reply documents shall identify the corresponding motion number in the caption. 3. Joint Statement to Be Read to the Jury 10 For jury trials, the parties shall prepare and file a joint written statement of the case for 1 the tial court to read to the jury. (Superior Court, Los Angeles County, Local Rules, rule 12 3.25(g)(4).) 13 4. Joint Witness List 14 The parties shall prepare and file a joint, alphabetized by last name, list of all witnesses 45 that each party intends to call, excluding impeachment and rebuttal witnesses. (Superior Court, 16 Los Angeles County, Local Rules, rule 3.25(g)(5).) The joint witness list shall identify each 17 witness by name, specify which witnesses are non-experts and experts, estimate the length of the 18 direct, cross, and re-direct examination of each witness, and include a total number of hours for 19 all witness testimony. The parties shal! identify all potential witness scheduling issues and 20 special requirements. Any party who seeks to elicit testimony from a witness not identified on 21 the witness list must first make a showing of good cause to the trial court. 22 Ml 23 Mt PAGE 11 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN ‘THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 5. List of Proposed Jury Instructions (Joint and Contested) The parties shall jointly prepare and file a list of proposed jury instructions, organized in 3 numerical order, including columns to indicate whether an instruction is agreed to or contested, In addition, the List of Proposed Jury Instructions must include columns for a trial judge to indicate whether an instruction was given, given as modified, refused or withdrawn. (California Rules of Court, rule 2.1055.) 6. Jury Instructions Joint and Contested) The parties shall prepare a complete set of full text proposed jury instructions in a format ready for submission to the jury, by editing all proposed California Civil Jury Instructions 10 including inserting party name(s) and eliminating blanks, brackets, and irrelevant material. The Il parties may prepare special instructions in a format ready for submission to the jury with the 12 instruction number, title, and text only (i.e., there should be no boxes or other indication on 13 the printed instruction itself as to which party is requesting the instruction). 4 7. Joint Verdict Form(s) 15 The parties shall prepare and jointly file a proposed general verdict form or special 16 verdict form (with interrogatories) acceptable to all parties. (Superior Court, Los Angeles 17 County, Local Rules, rule 3.25(g)(8).) If the parties cannot agree on a joint verdict form, each 18 party must separately file a proposed verdict form. 19 8. Joint Exhibit List 20 The parties shall prepare and file a joint exhibit list organized with columns identifying 21 each exhibit, setting forth stipulations, if any, to authenticity/foundation and admissibility of 22 exhibits, and specifying evidentiary objections, if any, to the admission of an exhibit. If an 23 objection to an exhibit is not articulated on the exhibit list, the trial court may deem the exhibit PAGE 12 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 admitted. The parties shall meet and confer regarding stipulations to authenticity/foundation and admissibility of exhibits, and to resolve objections, if any, to the admission of an exhibit, before 3 filing the Joint Exhibit List. 9. Page und Line Designation for Deposition and Former Testimony If the parties intend to use deposition testimony or former trial testimony in lieu of any witness’ live testimony, the parties shall meet and confer, and jointly prepare and file a chart with columns for each of the following: 1) the page and line designations of the deposition or former testimony requested for use, 2) objections, 3) counter-designations, 4) any responses thereto, and 5) the Court’s ruling. 10 C. Items to be Presented at the Final Status Conference 11 1 Trial Binders 12 The parties shail jointly prepare (and be ready to temporarily lodge) 3-ring binders 13 containing conformed (filed in eCourt) copies of all the following: 14 Tab A: Trial Briefs (Optional) 15 Tab B: Motions in Limine 16 The parties shall organize Motions in Limine (tabbed in numerical order) with the 17 opposition papers and reply papers for each motion placed directly behind the moving 18 Papers. 19 Tab C: Joint Statement to Be Read to the Jury 20 Tab D: Joint Witness List 21 Tab E: Joint List of Jury Instructions (identifying the agreed upon and contested 22 instructions) 23 Tab F: Joint and Contested Jury Instructions PAGE 13 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 The parties shall organize proposed jury instructions with the agreed upon instructions first in order followed by the contested instructions (including special instructions) 3 submitted by each party. Tab G; Joint and/or Contested Verdict Form(s) Tab H: Joint Exhibit List Tab I: Joint Chart of Page and Line Designation(s) for Deposition and Former Testimony Tab J: Copies of the Current Operative Pleadings (including the operative complaint, answer, cross-complaint, if any, and answer to any cross-complaint). 9 22. Filing and Electronic Submission of Trial Documents 10 In an effort to reduce the number of in-person appearances in the PI Hub Courts, in i addition to the parties filing and serving the Trial Documents at least five calendar days prior to 12 the FSC, two court days prior to the FSC, the parties must provide the PI Hub Court with the 13 trial binders in electronic form (see below). This will allow parties to appear remotely for the 14 FSC and provide the PI Hub Courts with the opportunity to review the trial binders to determine 15 whether parties are ready for trial. Hard copies of the trial binders will continue to be required 16 for the trial. 17 a. The parties must submit in one PDF conformed copies of the joint statement of the 18 case, joint witness list, joint list of jury instructions, full-text joint and contested jury 19 instructions, joint and/or contested verdict form(s), joint exhibit list, joint deposition 20 designation chart, and operative pleadings as listed in paragraph C.1. above (Tabs C 21 through J). 22 The trial briefs and Motions in Limine, oppositions, and replies, if any, must be 23 submitted in a separate PDF as listed in paragraph C.1 above (Tabs A and B). Ifa PAGE 14 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 Motion in Limine and exhibits thereto exceed 10 pages, the parties may submit just the face page of the motion. (The entire motion will still need to be brought to the trial in the appropriate binder.) The PDFs must be text searchable. d The PDFs must be bookmarked which is essentially an electronic tab so that the PI Hub Court is able to find and navigate among the trial documents. (See hitps://helpx.adobe.com/acrobai/using/page-thumbnails-book marks- jl's. hin! for bookmarking instructions.) 9 The PDFs must be emailed to the applicable email address listed below: 10 Department 27 at ssedepi27ESC @ LACour.ore 11 Department 28 at ssedept28FSC @LACourt.org 12 Department 29 at ssedept29FSC @LACourtore 13 Department 30 at sscdept30FSC@LACourLorg 14 Department31 at ssedepi3) FSC @LACourLorg 15 Department 32 at ssedept32FSC @ LACourtorg 16 The subject line in the email must include identifying case information as follows: 17 [Insert Case Number] Trial Readiness Binder, FSC, [Insert MM/DD/YEAR of 18 Hearing Date] (e.g., 20STCV00001 Trial Readiness Binder, FSC 01/11/2022). 1 Each email should have two PDFs attached — one containing the trial documents and 20 the other containing the trial briefs and Motions in Limine, if applicable. 21 The parties need not email the evidentiary exhibit binders to the PI Hub Court for the 22 FSC. However, the parties shall prepare the exhibit binders as required (see section 23 3. Evidentiary Exhibits, below) and be prepared to represent to the PI Hub Court that PAGE 15 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 the binders have been properly prepared. Hard copies of the exhibit binders will be required for the trial court. 3 3. Evidentiary Exhibits The parties shall jointly prepare (and be ready to temporarily lodge for inspection at the FSC) three sets of tabbed, internally paginated by document, and properly marked exhibits, organized numerically in three-ring binders (a set for the trial court, the Judicial Assistant, and the witnesses). The parties shall mark all non-documentary exhibits and insert a simple written description of the exhibit behind the corresponding numerical tab in the exhibit binder. D. Failure To Comply with Final Status Conference Obligations 10 The PI Hub Courts have the discretion to require any party or counsel of record who fails or i refuses to comply with this Standing Order to show cause why the Court should not impose 12 monetary, evidentiary, and/or issue sanctions (including the entry of a default or the striking of 13 an answer). 14 13. Mandatory Settlement Conferences 15 Mandatory Settlement Conferences (MSC) are available on a virtual platform hosted by 16 the Beverly Hills Bar Association at ResolveLawLA.com. MSCs are conducted by volunteer 17 attorneys from the American Board of Trial Advocates, the Association of Southern California 18 Defense Counsel, the Consumer Attorneys Association of Los Angeles, and the Beverly Hills 19 Bar Association and are overseen by the Court. 20 at 21 My 22 HH 23 Mt PAGE 16 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 MSCs are available in cases with two sides! 1) by stipulation, or 2) by court order at the Final Status Conference. If parties stipulate to participate in a ResolveLawLA MSC, they must 3 seek leave of Court to do so, by making an ex parte application using the PI Hub MSC Supulation form. Both parties should appear at the ex parte hearing. At the Final Status Conference, the Court may order parties to participate in a MSC if the Court feels that it could assist the parties in resolving the case. Whether by stipulation or court order, parties must access the ResolveLawLA website al www Resolvel awl A.com to create an account and register the case for MSC within two court days of the Court’s order of the MSC. Plaintiff or its, her or his counsel (Plaintiff) must 10 coordinate with Defendant or its, her or his counsel (Defendant) and select a mutually agreed I upon date and time for the MSC prior to the trial date. Plaintiff shall also provide the name, email 12 address, and phone number for Defendant when registering the case for an MSC. 13 A MSC brief shall be lodged by each party at ResolveLawLA.com and served on all 14 parties not less than five court days before the scheduled MSC. The settlement conference 15 statement shall be limited to five pages on the MSC Brief and 10 pages for 16 exhibits. ResolveLawLA MSCs are available at 9 a.m. and 1:30 p.m. Monday through Friday, 17 excluding court holidays, and are conducted on a virtual platform. After a MSC is scheduled, 18 the ResolveLawLA system will send notifications via text and/or email and will include a link 19 for counsel, the parties, and insurance representatives to join the MSC remotely. 20 21 22 23 ' Cases with cross-complaints or separately represented defendants are not eligible. PAGE 17 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 1 Pursuant to California Rules of Court, rule 3.1380(b) and Superior Court, Los Angeles County, Local Rules, rule 3,25(d), counsel, the parties, and persons with full authority to settle 3 the case (including insurance company representatives) must attend the MSC virtually unless a judicial officer has excused the virtual appearance for good cause. Once Defendants are notified that a case has been scheduled for a MSC, Defendants shall create their own login to the ResolveLawLA.com system, and shall list all parties, party representatives and insurance adjusters’ names, phone numbers, and emails where indicated. In the event the MSC needs to be canceled or rescheduled, it must be canceled through ResolveLawLA. Ifthe case settles before a scheduled MSC, parties shall forthwith notify the PI Hub Court 10 to which the case is assigned of such settlement. The parties should also document their 11 settlement agreement in writing signed by all parties whether before or at the scheduled MSC. 12 14. Trials 13 The PI Hub Courts do not conduct trials. On the trial date, all parties and/or their trial 14 counsel must appear in person in the PI Hub Court assigned to the case. Upon confirming that 15 the parties are trial-ready, the PI Hub Court will obtain a Trial Court assignment from Stanley 16 Mosk Courthouse, Department 1, and will inform the parties and/or trial counsel of the 17 assignment. The parties then have 20 minutes within which to exercise a peremptory challenge 18 to the assigned trial court, assuming that party had not previously exercised the party’s right to 19 make such a challenge. 20 Should a Plaintiff fail to appear at trial, the PI Hub Court will dismiss the case without 21 prejudice. (Code of Civil Procedure section 58 1(b)(3).) If a Defendant fails to appear at trial, the 22 PI Hub court will obtain a Trial Court assignment from Department | and the Plaintiff will 23 Mi PAGE 18 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT 2022-SJ-008-02 proceed with an uncontested trial pursuant to Code of Civil Procedure section 594 and Warden v. Lamb (1929) 98 Cal.App. 738, 741. 15. Sanctions The Court has discretion to impose sanctions for any violation of this Standing Order. (Code of Civil Procedure, sections 128.7, 187; Government Code, section 68608(b).) Dated: ( («cl a (De Judge David J. Cowan Supervising Judge, Civil Division 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PAGE 19 OF 19 SEVENTH AMENDED STANDING ORDER FOR PROCEDURES IN THE PERSONAL INJURY HUB COURT