S uperior Court of California

County of Los Angeles

CHAPTER NINE - CIVIL LAW AND M OTION

GENERAL . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 1

9.0 TIM E OF HEARING AND FILING OF PAPERS . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 1

(a) Time for Filing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 1
(b) Lodged M aterials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 1
(c) Documents, Exhibits and Attachments Presented for Filing. . . . . . . . . . . . . Ch. 9 Pg. 1
(d) Time of Hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 1

9.1 EVIDENCE AT HEARING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 1

(a) Reference California Rules of Court, Rule 3.1306. . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 1
(b) Oral Testimony. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 1

9.2 JUDICIAL NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 1

(a) Reference California Rules of Court, rule 3,1306. . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 1
(b) LASC Files. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 2
(c) Files From Other Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 2

9.3 REFERENCES (Code Civ. Proc., § 638 et seq.; Cal. Rules of Court, rules 3.900, 3.920)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 2
(a) Availability of Referee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 2
(b) Judgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 2

9.4 ASSIGNM ENT OF CASES AND TIM ES OF HEARING . . . . . . . . . . . . . . . Ch. 9 Pg. 2

(a) Assignments For All Purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 2
(b) Assignment For Limited Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 2
(f) Districts Other Than Central District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 3

9.5 PREROGATIVE WRITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 3

(a) Service of Petition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 3
(b) M anner of Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 3
(c) Persons to be Served. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 3
(d) Orders to Show Cause and M otions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 3
(e) Alternative Writs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 3
(f) Pleadings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 4
(g) Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 4
(h) Scope of Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 4

9.6 INJUNCTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 4

(a) Preliminary Injunctions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 4

9.7 CONTEM PT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 4

(a) Order to Show Cause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 4
(b) Trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 5

-i-
 S uperior Court of California
County of Los Angeles

(c) Punishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 5

9.8 APPLICATION FOR RELIEF FROM CLAIM FILING REQUIREM ENTS Ch. 9 Pg. 5

9.9 TIM E OF EX PARTE HEARINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 5

DEFAULT JUDGM ENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 6

9.10 REQUEST TO ENTER DEFAULT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 6

(a) Failure to Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 6
(b) Other Defaults. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 6

9.11 PROCEDURES FOR OBTAINING DEFAULT JUDGM ENT . . . . . . . . . . . Ch. 9 Pg. 6

(a) Submission on Declarations Preferred. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 6
(b) Oral Prove-up Hearings (e.g., Quiet Title Actions). . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 6

9.12 SUBM ISSION ON DECLARATIONS; DOCUM ENTS TO BE PRESENTED

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 6

9.13 WRITTEN OBLIGATIONS TO PAY M ONEY . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 6

9.14 INTEREST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 6

9.15 ATTORNEY’S FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 6

(a) See LASCR, Rule 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 6
(b) Deed of Trust or M ortgage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 6
(c) Assessment or Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 6
(d) Extraordinary Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 7
(e) Services Benefitting a M inor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 7
(f) Contractual Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 7

9.16 SERVICE BY PUBLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 7

9.17 PENDING M OTIONS TO VACATE DEFAULT . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 7

9.18 EVIDENTIARY STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 7

(a) Court to Hear Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 7
(b) Authentication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 7
(c) Hearsay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 7
(d) Foundation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 7

WRITS OF ATTACHM ENT/POSSESSION.

9.19 DEPARTM ENTS ASSIGNED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 7

(a) Central District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 7

-ii-
 S uperior Court of California
County of Los Angeles

(b) District Courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 8

9.20 TIM E AND PLACE FOR PROCEEDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 8

(a) Central District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 8
(b) District Courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 8

9.21 PAYM ENT OF FEE FOR FILING OF PAPERS IN PROCEEDINGS FOR WRIT OF
ATTACHM ENT/POSSESSION AFTER HEARING . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 8

9.22 DEPARTM ENTS ASSIGNED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 8

(a) Central District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 8
(b) District Courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 8

9.23 TIM E AND PLACE FOR SUPPLEM ENTAL PROCEEDINGS . . . . . . . . . . Ch. 9 Pg. 8
(a) Central District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 8
(b) District Courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 9

ACTIONS ARIS ING UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT . . . . . Ch. 9 Pg. 9

9.24 M ANDATE ACTIONS UNDER PUBLIC RESOURCES CODE SECTION 21000 ET

SEQ. (CEQA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 9
(a) Where Filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 9
(b) Ordering the Administrative Record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 9
(c) M ediation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 9
(d) Preparing the Administrative Record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 9
(e) Certifying and Lodging the Record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 10
(f) Disputes Regarding the Contents of the Administrative Record. . . . . . . . Ch. 9 Pg. 11
(g) Notice of hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 11
(h) Briefing Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 11
(i) Settlement M eeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 11
(j) Trial Notebook. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 11

9.25 APPLICATION TO PROCEED IN FORMA PAUPERIS . . . . . . . . . . . . . . . Ch. 9 Pg. 12

(a) Ref. California Rules of Court, rule 3.50 et seq.
(Rule 9.25(a) [1/1/98] amended and effective 1/1/08.) . . . . . . . . . . . . . Ch. 9 Pg. 12
(b) Place of Filing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 12

-iii-
 S uperior Court of California
County of Los Angeles

CHAPTER NINE - CIVIL LAW AND M OTION

GENERAL

9.0 TIM E OF HEARING AND FILING OF PAPERS

(a) Time for Filing. All fee documents are to be filed at the filing window no later than 4:30
p.m. Opposition or reply papers shall be filed in the court department not later than 4:30 p.m., or
other time or location ordered, on the last day permitted.
Clerk’s offices shall open to the public for filing of documents other than opposition or reply
papers, and for other official public services, no later than 8:30 a.m., and close at 4:30 p.m. of each
court business day. Except for those persons remaining within the offices upon closing, the clerk
shall not allow the public to enter the offices for the purposes of filing papers or obtaining other
official services after this 4:30 p.m. closing time except as directed by the court.
(Rule 9.0(a) amended and effective 7/1/2002.)
(b) Lodged M aterials. As an alternative to submitting a self-addressed envelope with lodged
material, an attorney-service pick-up slip may be submitted with the lodged materials so long as the
attorney service is instructed by counsel to pick up the papers without reminder from the clerk. All
exhibits (i.e., deposition transcripts, bulky items, etc.) except those attached to papers, presented
for motions and trials shall be lodged with the court in time for the hearing or at such other time as
the court may order. All exhibits so lodged will be returned to counsel after the hearing for
preservation unless ordered by the court.
(c) Documents, Exhibits and Attachments Presented for Filing. All documents, including
attachments and/or exhibits, (limited to paper which can be duplicated) which would render the
document and its attachments collectively to exceed 3 inches in thickness shall be subdivided into
multiple volumes and tabbed. (Rule 9.0(c) newly added and effective 1/1/08.)
(d) Time of Hearing. In the Central District, except in Departments 85 and 86 (see, LASCR,
Rule 9.4), all law and motion matters shall be heard by the I/C Judges in their respective departments
at 8:30 a.m. each day. Law and motion matters on cases assigned to districts will be heard at the
designated times and places.
(Rule 9.0(d) [originally as (c) 7/1/04] renumbered and effective 1/1/08.)
(Rule 9.0 [as Rule 9.8 1/1/94, 3/1/96, 7/1/98, as Rule 9.0 7/1/2000,
title & subd. (a) and (b) amended and effective July 1, 2002, 7/1/04]
amended and effective 1/1/08.)

9.1 EVIDENCE AT HEARING

(a) Reference California Rules of Court, Rule 3.1306.
(Rule 9.1(a) [1/1/94] amended and effective 1/1/08.)
(b) Oral Testimony. Without court permission, oral testimony is not allowed. If counsel
believes a particular case justifies oral testimony, the statement required by California Rules of
Court, rule 3.1306, must include an explanation as to why the evidence cannot be presented by
declaration or affidavit. (Rule 9.1(b) [1/1/94] amended and effective 1/1/08.)
(Rule 9.1 [as Rule 9.14 1/1/94, renumbered 7/1/2000]
amended and effective 1/1/08.)

9.2 JUDICIAL NOTICE

(a) Reference California Rules of Court, rule 3,1306.

Ch. 9 Pg. 1
 S uperior Court of California
County of Los Angeles

(Rule 9.2(a) [1/1/94] amended and effective 1/1/08.)

(b) LASC Files. If the matter to be noticed is contained in a file of the District of the Los
Angeles Superior Court in which the motion is to be heard, the party must, at least five days prior
to the hearing, by separate document containing the case name and number, filed directly in the
dep artment wherein the matter is noticed, request the clerk to order delivery of the file for the
hearing. The file must be received by the Department in which the matter is heard at least two court
day s before the hearing so that it is available to the judge when he or she is preparing for the
hearing. It is also good practice to provide the court with a copy of the material to be noticed, on the
possibility that the file cannot be located in time for the hearing.
(c) Files From Other Court. If the matter to be judicially noticed is contained in a file of any
other court or of another District of the Los Angeles Superior Court, such file must be obtained for
the date of the hearing, or a certified copy of the record of so much thereof as the party wants
judicially noticed shall accompany the moving papers. If the file is located within the Los Angeles
County Superior Court system, counsel shall notify in writing the court clerk in the department
where it is needed 5 days in advance of the date of hearing or motion and request the clerk to order
the file. (Rule 9.2 [as 9.16 1/1/94, renumbered 7/1/2000]
amended and effective 1/1/08.)

9.3 REFERENCES (Code Civ. Proc., § 638 et seq.; Cal. Rules of Court, rules 3.900, 3.920)
(a) Availability of Referee. The availability of a proposed Referee and his or her charges and
required terms of payment should be determined by counsel jointly prior to the order of reference.
(b) Judgment. If by stipulation the referee has heard the entire case, the prevailing party shall
file a noticed motion requesting the court to issue judgment consistent with the report of the referee.
(Code Civ. Proc., § 644.) For pretrial matters, the common practice is for the referee to include in
the report a place for the Judge to enter an order if the Judge accepts the report. If the referee’s
report is rejected, the court will direct the preparation of a new order or prepare one itself.
(Rule 9.3 [as 9.28 1/1/94, 7/1/95, 7//1/98,
REPEALED in part & renumbered 7/1/2000] title, amended & effective 1/1/08.)

9.4 ASSIGNM ENT OF CASES AND TIM ES OF HEARING

(a) Assignments For All Purposes. M atters assigned to Department 85 or Department 86 for
all purposes pursuant to Rule 2.5(j)(1) will be assigned by the clerk at the time of filing, using a
random system to insure that no party or person can control or determine in advance to which
department a case is assigned.
(Rule 9.4(a) [as Rule 9.30(a) 1/1/94, amended 7/1/98, rule renumbered 7/1/2000]
title Departments 85 and 86, Central District REPEALED, old text REPEALED,
new title & text added and effective 1/1/08.)
(b) Assignment For Limited Purpose. M atters assigned for all purposes to an unlimited civil
trial department, in which certain procedures are to be heard in Department 85 or 86 pursuant to
Rule 2.5(j)(2), will be heard in Department 85, if the case number is odd, and in Department 86, if
the case number is even.
(Rule 9.4(b) [As Rule 9.30(c) added 7/1/98, rule renumbered 7/1/2000]
title Department 59 and 66, Central District REPEALED, old text REPEALED,
new title & text added and effective 1/1/08.)
(c) Rents And Profits Receiverships. M atters assigned to Department 59 or Department 66

Ch. 9 Pg. 2
 S uperior Court of California
County of Los Angeles

p urs uant t o Rule 2.5(j)(3), will be heard in Department 59, if the case number is odd, and in
Department 66, if the case number is even.
(Rule 9.4(c) new title & text added 1/1/08.)
(d) Days And Times Of Hearings In Department 85 And Department 86. Noticed motions
and other noticed proceedings are heard on odd-numbered days in Department 85 and on even-
numbered days in Department 86 at 9:30 a.m. Ex parte matters are heard daily in both departments
at 8:30 a.m.
(Rule 9.4(d) new title & text added and effective 1/1/08.)
(e) Days And Times Of Hearings In Department 59 And Department 66. Noticed motions
and ot her noticed proceedings regarding rents and profits receiverships are heard daily in
Department 59 at 10:00 a.m. and on even-numbered days in Department 66 at 9:30 a.m. Ex parte
matters are heard in both departments daily at 8:30 a.m.
(Rule 9.4(e) new title & text added and effective 1/1/08.)
(f) Districts Other Than Central District. For matters heard in districts other than the Central
D is t rict, counsel should consult with the office of the Supervising Judge of the district for the
assigned departments and times of hearings.
(Rule 9.4(f) [originally, as Rule 9.30(c) added 7/1/98, rule renumbered as 9.4(c) 7/1/2000]
renumbered as (f), old text REPEALED, new text added and effective 1/1/08.)
(Rule 9.4 [as Rule 9.30 1/1/94, 7/1/97, 7/1/98, renumbered 7/1/2000]
old title and text REPEALED, new title & text added and effective 1/1/08.)

9.5 PREROGATIVE WRITS

(a) Service of Petition. Code of Civil Procedure section 1107 requires service of the verified
petition before it is filed, and also requires that the application for a writ be accompanied by proof
of service of a copy of the application upon the respondent and the real party in interest. The petition
may be filed without a proof of service, but no action can be taken on the petition unless there is
compliance with the service provisions of Code of Civil Procedure sections 1107 and 1088.5 and
(e) below.
(b) M anner of Service. A petition must be served in the same manner as summons and
complaint.
(c) P ers ons to be Served. Where the respondent or real party in interest is a board or
commission, service must be made upon the presiding officer, or upon the secretary, or upon a
majority of the members of such board or commission.
(d) Orders to Show Cause and M otions.
(1) Motions. The hearing on a petition is the trial of the case. It may be set by noticed
motion in the manner generally governing motions. Absent a need to appear ex parte for a stay or
other temporary order, use of the motion procedure is preferred.
(2) Order to Show Cause. The hearing on a petition may be set by order to show
cause but this is rarely done.
(e) Alternative Writs.
(1) Prior Service of Application. Absent a showing of good cause or waiver by the
respondingparty, an alternative writ will not issue unless the application is served at least five days
before the ex parte hearing.
(2) Briefing Schedule and Hearing Date. Issuance of the alternative writ places the
matter on the Court’s calendar for hearing; it does not, in and of itself, accomplish a stay or afford

Ch. 9 Pg. 3
 S uperior Court of California
County of Los Angeles

any affirmative relief. It may issue without notice but not without compliance with proper ex parte
notification. If issued, it must be served in the same manner as a summons in a civil action unless
the court orders otherwise. (See, Code Civ. Proc., § 1073.) A briefing schedule will be set by the
Court at the time the alternative writ is issued.
(f) Pleadings. The Rules of practice governing civil actions are generally applicable. The
respondent may file a demurrer, motion to strike or answer, or otherwise appear. A writ of mandate
cannot, however, be granted by default; the case must be heard by the court whether the adverse
party appears. (Code Civ. Proc., § 1088.)
(Rule 9.5(f) Stay Pending Hearing REPEALED; (g) Pleadings renumbered as (f) 1/1/2003.)
(g) Evidence. In administrative mandate proceedings (Code Civ. Proc., § 1094.5) the
evidence before the court is confined to the administrative record, unless the exception in
s ubdivision (e) of Section 1094.5 applies and a declaration establishes the application of the
exception. In other kinds of writ proceedings, evidence is presented by way of declarations,
deposition testimony, etc., and not by oral testimony unless the court, in its discretion, permits it.
Setting the writ for hearing before the record is prepared or before the evidence is gathered serves
only to unnecessarily clog the court’s calendar since the hearing must be continued if the record is
not available or the evidence otherwise is incomplete.
(Rule 9.5(g) renumbered from (h) 1/1/2003.)
(h) Scop e of Review. The scope of the court’s review (i.e., “substantial evidence” vs.
“independent judgment”) depends upon the nature of the relief sought and a variety of other factors.
The parties must state their position on this issue in the memoranda filed in support of and in
opposition of the issuance of the writ. (Rule 9.5(h) renumbered from (i) 1/1/2003.)
(Rule 9.5 [as Rule 9.31 1/1/94] amended, renumbered and effective 1/1/2003.)

9.6 INJUNCTIONS
(a) Preliminary Injunctions.
(1) Demurrers While Application Pending. Demurrers to a complaint or cross-
complaint which are filed before the hearing of the OSC or motion for preliminary injunction are
heard by the judge who will hear the preliminary injunction.
(Rule 9.6 [as Rule 9.32 1/1/94, 7/1/98]
REPEALED in part, renumbered and effective July 1, 2000.)

9.7 CONTEM PT
A direct contempt (one committed in the immediate view and presence of the judge in court
or in chambers) is handled by the judge before whom the contempt occurs. Indirect contempts are
either heard in the department to which the case is assigned or may be transferred by that court to
the Writs and Receivers Department if it is a Central District case or to the Supervising Judge if it
is filed in another district. (See, LASCR, Rule 2.5(i).)
(a) Order to Show Cause. Although Code of Civil Procedure section 1212 permits the court
to issue a warrant of attachment to bring the person charged with contempt to answer, the standard
procedure is the alternative method provided in Code of Civil Procedure section 1212, the issuance
of an order to show cause. An OSC re Contempt may issue upon ex parte application but will not
issue unless the party requesting its issuance has complied with the notification requirements of
California Rules of Court, rule 3.1200 et seq. Only if the respondent is duly served with the order
to show cause and fails to appear will a body attachment issue. The order to show cause will issue

Ch. 9 Pg. 4
 S uperior Court of California
County of Los Angeles

if the affidavit is sufficient, and the OSC must then be personally served on the respondent.
(Rule 7.2(a) [As (b) 1/1/94, as (a) 7/1/2000] amended and effective 1/1/08.)
(b) Trial. The hearing on the OSC re contempt is in the nature of a trial, and the proceedings
are quasi-criminal in nature. The respondent has the right to remain silent, to confront witnesses, to
be proved guilty beyond a reasonable doubt, etc., and the only major difference between contempt
and a criminal trial is that there is no right to a jury. The moving party must appear for the trial with
his w it nesses unless the respondent has stipulated in writing to accept the moving party’s
declarations as his or her case in chief. It is common for the parties to stipulate that the initiating
affidavits be accepted as the declarants’ direct testimony, with the witnesses produced for cross-
examination.
(c) Punishment. If the court finds the respondent guilty of the contempt(s) charged, a fine
may be imposed of up to $1,000.00, or the respondent may be imprisoned for up to five days, or
bot h, for each act of contempt. (Code Civ. Proc., § 1218.) When the contempt consists of the
omission to perform an act which is yet in the power of the person to perform, he or she may be
imprisoned until the act is performed. (Code Civ. Proc., § 1219.) (Rule 9.7 [as Rule 9.33 1/1/94]
REPEALED in part, renumbered 7/1/2000] amended and effective 1/1/08.)

9.8 APPLICATION FOR RELIEF FROM CLAIM FILING REQUIREM ENTS

If the underlying case is assigned as an I/C case the petition shall then be heard by the I/C
Judge. (Rule 9.8 [as Rule 9.34 1/1/94, 7/1/98, renumbered & REPEALED in part 7/1/2000,
subdivisions (b) Hearing, (c) Burden of Proof, (d) Liberal Construction, and (e) Effect of Grant
REPEALED 1/1/2003] marker and title of subdivision (a) Petition and Service - REPEALED
text - amended and effective 7/1/03.)

9.9 TIM E OF EX PARTE HEARINGS

(a) Ex parte Hearings in Central District. In the Central District all ex parte matters shall
be heard by the I/C and Departments 85 and 86 Judges in their respective departments at 8:30 a.m.
each day. In limited unlawful detainers in Departments 94 and 97, all ex parte matters must be filed
in Room 102 by 1:00 p.m. for a hearing at 1:30 p.m. the same day. Ex parte matters on cases
assigned to other districts shall be heard at the designated times and places.
(Rule 9.9(a) [subdivision title added 1/1/08] amended and effective 7/1/09.)
(b) Civil Harassment Applications. Applications for civil harassment Restraining Orders are
heard each court day from 8:30 a.m. to noon, and from 1:30 p.m. to 4:00 p.m. Applications for such
restraining orders must be filed in the Clerk’s Office by 3:30 p.m. in order to be heard on that day.
(Rule 9.9(b) newly added 1/1/08.)
(Rule 9.9 [as Rule 9.41 1/1/94, 7/1/00, subdivision (a) title added,
subdivision (b) new and effective 1/1/08] amended and effective 7/1/09.)

Ch. 9 Pg. 5
 S uperior Court of California
County of Los Angeles

DEFAULT JUDGM ENTS

9.10 REQUEST TO ENTER DEFAULT

(a) Failure to Answer. Requests to enter default for failure to timely file an answer should
init ially be directed to the clerk. Requests to enter default may be directed to the I/C Judge or
Supervising Judge whichever is appropriate if rejected by the clerk and if defects cannot be cured
to the clerk’s satisfaction.
(b) Other Defaults. Requests to enter default for failure to make discovery, failure to comply
w ith court order or other grounds of default should be directed to the I/C Judge or Supervising
Judge, whichever is appropriate. (Rule 9.10 [as Rule 9.42 1/1/94, 7/1/98, renumbered 7/1/2000]
(c) Certificates of M ilitary Service REPEALED and effective 1/1/2003.)

9.11 PROCEDURES FOR OBTAINING DEFAULT JUDGM ENT

(a) Submission on Declarations Preferred. Determination of applications for default judgment
on declarations pursuant to Code of Civil Procedure section 585(d) is the preferred procedure.
Declarations must comply with Code of Civil Procedure section 2015.5.
(b) Oral Prove-up Hearings (e.g., Quiet Title Actions). Oral prove-up hearings will normally
be scheduled only if the court orders a prove-up hearing and in quiet title actions.
(Rule 9.11 [as Rule 9.43 1/1/94] renumbered and effective July 1, 2000.)

9.12 SUBM ISSION ON DECLARATIONS; DOCUM ENTS TO BE PRESENTED

When submittinga matter for default judgment on declarations, the parties must comply with
California Rules of Court, rule 3.1800.
(Rule 9.12 [as Rule 9.44 1/1/94, 7/1/94, 7/1/98, 1/1/99, as Rule 9.12 7/1/2000, 11/1/00]
amended and effective 1/1/08.)

9.13 WRITTEN OBLIGATIONS TO PAY M ONEY

A p plications for default judgment on a written obligation to pay money should be
accomp anied by the original writing for cancellation pursuant to California Rules of Court,
rule 3.1806.
(Rule 9.13 [as Rule 9.45 1/1/94, renumbered 7/1/2000] amended and effective 1/1/08.)

9.14 INTEREST
If interest is requested in excess of the usury limitations of California Constitution Article
XV, Section 1, proof must be presented of plaintiff’s exemption from the usury limitations unless
an exemption has been pleaded in the complaint and admitted by the entry of default.
(Rule 9.14 [as Rule 9.46 1/1/94] renumbered and effective July 1, 2000.)

9.15 ATTORNEY’S FEES

(a) See LASCR, Rule 3.2.
(b) Deed of Trust or M ortgage. When a mortgage or deed of trust providing for recovery of
a reasonable attorney’s fee is foreclosed, the applicable fee from the standard schedule shall be
increased by ten percent.
(c) Assessment or Bond. When the lien of a public assessment or bond is foreclosed, the
applicable fee from the standard schedule shall apply except that the minimum shall be $75.00 for

Ch. 9 Pg. 6
 S uperior Court of California
County of Los Angeles

t he firs t assessment or bond being foreclosed and $20.00 additional shall be added for each
additional bond or assessment.
(d) Extraordinary Services. Any application for a fee in addition to that derived from the
standard schedule should be accompanied by an itemized statement of the services rendered.
(e) Services Benefitting a M inor. No attorney’s fees for services rendered on behalf of a
minor shall be allowed, and no contract for such services shall be approved, except upon application
in open court after notice to the minor’s guardian and each of the minor’s parents and, if the minor
is over the age of 14 years, to the minor also. The notice shall state the character and extent of the
services of the attorney and any expenses incurred in connection with such services. The notice shall
further state that objection may be made at the time of application.
(f) Contractual Provision. When the basis for a claim of attorney’s fees is a contractual
provision, the precise clause providing for fees should be cited.
(Rule 9.15 [as Rule 9.47 1/1/94, 7/1/94] renumbered and effective July 1, 2000.)

9.16 SERVICE BY PUBLICATION

When service has been effected by publication, any application for a default judgment on
declarations must include a declaration regarding service of the application papers in compliance
with Code of Civil Procedure section 587.
(Rule 9.16 [as Rule 9.48 1/1/94] renumbered and effective July 1, 2000.)

9.17 PENDING M OTIONS TO VACATE DEFAULT

An application for a default judgment submitted while a motion to vacate default is pending
must advise the court of the pendency of the motion and must present a showing of emergency
justifying the entry of a default judgment prior to hearing of the motion.
(Rule 9.17 [as Rule 9.49 1/1/94] renumbered and effective July 1, 2000.)

9.18 EVIDENTIARY STANDARDS

(a) Court to Hear Evidence. Upon application for a default judgment on an oral prove-up or
on declarations pursuant to Code of Civil Procedure section 585(d), the court may enter such
judgment as appears from the evidence to be just pursuant to Code of Civil Procedure
section 585(b).
(b) Authentication. Unauthenticated documents will not be received in evidence unless their
authenticity has been pleaded in the complaint and admitted by entry of default.
(c) Hearsay. The court, in its discretion, may disregard hearsay.
(d) F oundation. The court, in its discretion, may disregard evidence lacking foundation.
D eclarat ions on the merits by attorneys or assignees, with no foundation as to their personal
knowledge, may in particular be disregarded.
(Rule 9.18 [as Rule 9.50 1/1/94] renumbered and effective July 1, 2000.)

Ch. 9 Pg. 7
 S uperior Court of California
County of Los Angeles

WRITS OF ATTACHM ENT/POSSESSION.

9.19 DEPARTM ENTS ASSIGNED

(a) Central District. All proceedings in the Central District for Writs of Attachment or
Possession are assigned to Department 66. These matters are not heard in the independent calendar
department to which the case is assigned for all other purposes.
(b) District Courts. To determine the appropriate department for such proceedings in District
Courts, counsel should inquire of the office of the Clerk’s office in such district.
(Rule 9.19 [as Rule 9.56 1/1/94] renumbered and effective July 1, 2000.)

9.20 TIM E AND PLACE FOR PROCEEDINGS

(a) Central District. All applications for a Writ of Attachment or Possession are heard in the
Central District in Department 66 as follows:
(1) Noticed Hearings: 9:30 a.m. daily.
(2) Ex Parte Applications: 8:30 a.m. daily; all papers for ex parte applications must
be presented to the clerk in the department assigned to hear such proceedings at that time.
(3) Proofs of service for noticed hearings must be filed in Department 66 within the
time required by California Rules of Court, rule 3.1300.
(Rule 9.20(a)(3) [added 7/1/2002] (3) amended and effective 1/1/08.)
(b) District Courts. To find out the appropriate days and times for hearings and filings in
District Courts, counsel should contact the clerk’s office in each district.
(Rule 9.20(b) amended and effective 7/1/2002.)
(Rule 9.20 [as Rule 9.57 1/1/94, renumbered 7/1/2000, 7/1/2002]
amended and effective 1/1/08.)

9.21 PAYM ENT OF FEE FOR FILING OF PAPERS IN PROCEEDINGS FOR WRIT OF
ATTACHM ENT/POSSESSION AFTER HEARING
A hearing fee in the amount required by the Court’s Schedule of Fees must be paid in Room
102 of the Central District before filing papers in Department 66. Counsel should inquire of the
Court Clerk for the procedure in District Courts.
(Rule 9.21 [as Rule 9.60(a) 1/1/20000] amended and effective July 1, 2000.)
(Rule 9.21 [as Rule 9.60 1/1/94, 7/1/94, 7/1/96, 7/1/98, 1/1/2000]
subsections (b), (c), (d), (e) REPEALED in compliance with CRC Rule 981.1.,
renumbered and effective July 1, 2000.)

9.22 DEPARTM ENTS ASSIGNED

(a) Central District. All proceedings set forth in LASC Rule 2.5(d) are assigned to
Department 1A.
(b) District Courts. To determine the appropriate department for such proceedings in
District Courts, counsel should contact the Clerk’s Office in each district.
(Rule 9.22 [as Rule 9.65 1/1/95] renumbered and effective July 1, 2000.)

Ch. 9 Pg. 8
 S uperior Court of California
County of Los Angeles

9.23 TIM E AND PLACE FOR SUPPLEM ENTAL PROCEEDINGS

(a) Central District.
(1) Ex parte applications: 8:30 a.m. daily; all papers for ex parte applications must
be presented to the Clerk in Room 542.
(2) Noticed Hearings:
a) All hearings must be set in Department 1A.
b) All Judgment Debtor proceedings (See Rule 3.4 et seq.): 9:00 a.m. on
M onday and Wednesday.
c) M otions: 9:00 a.m. on Tuesday. M otions will not be continued ex parte.
The Court, in its discretion, may allow one (1) stipulated continuance for a period not to exceed
thirty (30) days. The stipulated continuance must be filed directly in Department 1A at least three
(3) Court days immediately preceding the hearing date.
d) N ame Change Hearings: 9:00 a.m. on Thursdays and Fridays. At a
hearingon a Petition for Change of Name, an appearance by the Petitioner or the attorney of record
is mandatory.
A p p licat ions and Orders for Publication and Applications and Orders for Service of
Summons on the Secretary of State that are presented in Room 102 will not be processed
immediately, but will be available for pickup within five (5) court days.
(Rule 9.23(a) amended and effective 7/1/04.)
(b) District Courts. To find out the days, times and places for such proceedings in District
Courts, counsel should contact the Clerk’s Office in each district.
(Rule 9.23 [as Rule 9.66 1/1/95, 1/1/96, 1/1/98,
renumbered July 1, 2000] amended and effective 7/1/04.)

ACTIONS ARIS ING UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

9.24 M ANDATE ACTIONSUNDER PUBLIC RESOURCES CODE SECTION 21000 ET SEQ.

(CEQA)
(a) Where Filed. Notwithstanding LASCR, Rules 2.0(c), 2.5(p) and 7.6, mandamus actions
challenging an agency decision under the California Environmental Quality Act (Publ. Res. Code,
§ 21000 et seq.) shall be filed in the Central District and assigned to Department One, as master
calendar, for reassignment for all purposes, including any requests for a temporary restraining order
or preliminary injunction, to judges designated by the presiding judge pursuant to Public Resources
Code section 21167.1. At the time of filing of any CEQA cases, counsel must also file a notice of
any related cases. (Rule 9.24(a) [7/1/04, 7/1/05] amended and effective 7/1/06.)
(b) Ordering the Administrative Record. In accordance with Public Resources Code
section 21167.6, within 10 business days after the action is filed, petitioners shall personally serve
on the appropriate public agency their request for preparation of the administrative record or their
notice of election to prepare the record themselves.
(c) Mediation. In accordance with Government Code section 66031, within 5 days after the
deadline for respondent or defendant to file a response to the action, plaintiff or petitioner shall
prepare and lodge with either Department 85 or 86 depending on the assigned number, a notice form
for the court’s signature inviting mediation. The clerk shall then mail the notice of invitation to the
parties.

Ch. 9 Pg. 9
 S uperior Court of California
County of Los Angeles

(d) Preparing the Administrative Record.

(1) Preparation by the Public Agency. Within 20 calendar days after receipt of a
request to prepare the administrative record, the public agency responsible for such preparation shall
personally serve on petitioners a preliminary notification of the estimated cost of preparation, setting
forth the agency’s normal costs per page, other reasonable costs, if any, the agency anticipates, and
the likely range of pages. This notice shall also state, to the extent then known, the location(s) of
t he documents anticipated to be incorporated into the administrative record, shall designate the
contact person(s) responsible for identifying the agency personnel or other person(s) having custody
of those documents, and shall provide a listing of dates and times when those documents will be
made available to petitioners or any party for inspection during normal business hours as the record
is being prepared. This notice shall be supplemented by the agency from time to time as additional
documents are located or determined appropriate to be included in the record.
a) Upon receipt of this preliminary notification, petitioners may elect to
p repare the record themselves provided they notify the agency within 5 calendar days of such
receipt. If petitioners so elect, then within 40 calendar days of service of the initial notice to prepare
the administrative record, petitioner shall prepare and serve on all parties a detailed index listing the
documents proposed by petitioners to constitute the record. Within 7 calendar days of this
notification, the agency and/or other parties shall prepare and serve the petitioners and all parties
with a document notifying them of any document(s) or item(s) that such parties contend should be
added to, or deleted from, the record. The agency shall promptly notify petitioners of any required
photocopyingprocedures and/or conditions with which petitioners must comply in their preparation
of the record.
b) If petitioners do not so elect, then within 40 calendar days after service of
the request to prepare the administrative record, the agency shall prepare and serve on the parties
a detailed index listing the documents proposed by the agency to constitute the record and provide
a supplemental estimated cost of preparation. Within 7 calendar days of receipt of this notification,
p et it ioners and/or any other parties shall prepare and serve the agency and all parties with a
document notifying the agency of any document(s) or item(s) that such parties contend should be
added to, or deleted from, the record.
(2) Preparation by Petitioners. Within 20 calendar days after receipt of petitioners’
notice of election to prepare the record themselves, the public agency responsible for certification
of the record shall personally serve on petitioners a preliminary notification designating, to the
ext ent then known, the location(s) of the documents anticipated to be incorporated into the
administrative record, the contact person(s) responsible for identifying the agency personnel or other
person(s) having custody of those documents, and the dates and times when those documents will
be made available to petitioners or any party for their inspection and copying. This notice shall also
state any required photocopying procedures and/or conditions with which petitioners must comply
in their preparation of the record. This notice shall be supplemented by the agency as additional
documents are located or determined appropriate to be included in the record. Within 40 calendar
days after service of petitioner’s notice of election, petitioners shall prepare and serve on all parties
a detailed index listing the documents proposed by petitioners to constitute the record. Within 7
calendar day s of this notification, the agency and/or other parties shall prepare and serve the
petitioners and all parties with a document notifying them of any document(s) or item(s) that such
parties contend should be added to, deleted from, the record.
(e) Certifying and Lodging the Record. Upon completion of preparation of the record, it

Ch. 9 Pg. 10
 S uperior Court of California
County of Los Angeles

must be certified by the agency before it is filed with the court. If the agency has prepared the
record, it shall make such certification and shall personally serve and lodge the record in the
appropriate court department no later than 60 days after the request. If the petitioners have elected
t o p rep are the record, petitioners must transmit it to the agency for certification. After such
certification, petitioners shall then personally serve and lodge the record in the appropriate court
department no later than 60 days after service of the notice of election to prepare. If the agency
refuses to make a complete certification, it shall make a partial certification, specifying any alleged
defect s in t he record. Any extension of the 60-day time period may be obtained by filing a
stipulation of the parties and obtaining court approval of the extensions prior to the expiration of the
60-day period. Also, an extension may be obtained from the court upon a properly noticed hearing
scheduled prior to the expiration of the 60-day period.
(f) Disputes Regarding the Contents of the Administrative Record. Once the administrative
record has been filed, any disputes about its accuracy or scope should be resolved by appropriate
notice motion. For example, if the agency has prepared the administrative record, petitioners may
cont end that it omits important documents or that it contains inappropriate documents; if the
p et it ioners have prepared the record, the agency may have similar contentions. A motion to
supplement the certified administrative record with additional documents and/or to exclude certain
documents from the record may be noticed by any party and should normally be filed concurrently
with the filing of petitioner’s opening memorandum of points and authorities in support of the writ.
Opposition and reply memoranda on the motion should normally be filed with the opposition and
memoranda, respectively, regarding the writ. The motion should normally be calendared for hearing
concurrently with the hearing on the writ.
(g) Notice of hearing. The petitioner shall notice a hearing date on the petition for writ of
mandate, consistent with Public Resources Code section 21167.4. The hearing shall be noticed for
not later than 160 days from the date of filing the petition.
(h) Briefing Schedule.
(1) U nless otherwise ordered by the court, petitioner shall file and serve
personally, by overnight mail or, if previously agreed, by fax, an opening
memorandum of points and authorities in support of the petitioner within 30
days from the date the administrative record is served,
(2) Respondent and Real Party in Interest shall file and serve personally, by
overnight mail or, if previously agreed, by fax, opposition points and
aut horities, if any, within 30 days following service of petitioner’s
memoranda of points and authorities,
(3) Petitioner shall have 20 days from service of the opposition’s points and
authorities to file and serve personally, by overnight mail or, if previously
agreed, by fax, a reply memorandum of points and authorities,
(4) T he p arties may agree upon a shorter time frame for briefing by written
stipulation filed with the court.
(i) Settlement M eeting. If the parties agree, the first meeting will be continued so as to take
place no later than 35 days after the administrative record is served. If the parties do not agree to
this continued first meeting date, then the first meeting shall take place in accordance with Public
Resources Code section 21167.8 and a second meeting is ordered to take place within 5 days after
the administrative record is served. The parties shall agree as to the time and place of any meeting
p ursuant to Public Resources Code section 21167.8. Other meetings may be scheduled by the

Ch. 9 Pg. 11
 S uperior Court of California
County of Los Angeles

parties. The statement of issues required by 21167.8(f) will be utilized by the court in focusing on
the legal and factual contentions and issues to be resolved. However, such contentions and issues
must be consistent with the pleadings to be properly resolved by the court.
(j) Trial Notebook. Petitioner shall prepare a trial notebook which shall be filed with the
appropriate department no later than 5 days before the date of the hearing. The trial notebook shall
consist of the petition, the answer(s), the briefs, any motions set to be heard at trial, the statement
of issues, and any other document(s) agreed upon by the parties.
(Rule 9.24 [as Rule 9.70 1/1/95, 7/1/95, 1/1/96, 7/1/98]
renumbered July 1, 2000, 7/1/04] amended and effective 7/1/05.)

9.25 APPLICATION TO PROCEED IN FORMA PAUPERIS

(a) Ref. California Rules of Court, rule 3.50 et seq.
(Rule 9.25(a) [1/1/98] amended and effective 1/1/08.)
(b) Place of Filing.
(1) Central District. In the Central District, applications must be presented as
follows:
a) Unlimited civil, limited civil cases and appeals from limited civil to the
Appellate Division of Superior Court: Room 426;
b) Probate cases: Room 258;
c) Family Law Cases: Department 2;
d) Appeals to the Court of Appeal: Room 111.
e) Small Claims cases to the Small Claims Office, Room 429.
(2) Other Districts. In the District Courts, applications shall be presented in the place
designated by the Supervising Judge.
(Rule 9.25 [as Rule 9.71 1/1/98, 7/1/98, renumbered 7/1/2000]
repealed in part, 7/1/02] amended and effective 1/1/08.)

RECEIVERSHIPS

Local Rules 9.51 through 9.55

have been REPEALED
effective 7/1/2002
in conformance with
California Rules of Court, Rules 1900 through 1908,
effective 1/1/2002.

Ch. 9 Pg. 12