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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
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9.8 APPLICATION FOR RELIEF FROM CLAIM FILING REQUIREM ENTS Ch. 9 Pg. 5
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9.21 PAYM ENT OF FEE FOR FILING OF PAPERS IN PROCEEDINGS FOR WRIT OF
ATTACHM ENT/POSSESSION AFTER HEARING . . . . . . . . . . . . . . . . . . . Ch. 9 Pg. 8
9.23 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
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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REPEALED in part & renumbered 7/1/2000] title, amended & effective 1/1/08.)
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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.)
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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
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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.)
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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.)
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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.)
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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.)
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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
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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.)
RECEIVERSHIPS
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