DEPARTMENT 40 COURTROOM INFORMATION  JUDGE DAVID SOTELO    JUDICIAL ASSISTANT:      

ROSALVA REZA 

COURTROOM ASSISTANT:   

MARIA NAVARRO 

DEPARTMENT:  

 

 

40, Room 414, 4TH Floor, Stanley Mosk Courthouse 

 

 

 

111 North Hill Street, Los Angeles CA 90012 

 

 

TELEPHONE NUMBER:    

(213) 633‐0160 

TELEPHONE HOURS:  

8:20 – 8:40 a.m. (late calls); 3:00 – 4:00 p.m. (motions  and other inquiries) 

COURTROOM HOURS:      

8:30 a.m. – Noon. 1:30 p.m. ‐ 4:30 p.m. 

  Ex Parte Applications: Counsel should file an ex parte application only when there is a demonstrated need (emergency) for the matter to be heard on an expedited basis. Counsel must comply with the notice and other requirements in California Rules of Court Rules (CRC) 3.1200- 3.1207. Ex parte applications must be filed in the courtroom with the Judicial Assistant by 8:30 a.m. after paying fees at the filing window in room 102. The court will not accept ex parte applications filed in the courtroom after 8:30 a.m. PLEASE FILL-IN THE BLANKS—IT MAY SAVE YOU & THE COURT, TIME. Most ex partes will be decided without a hearing. Wilburn v. Oakland Hospital (1989) 213 Cal.App.3d 1107. Discovery: Counsel must exhaust meet and confer efforts before filing a discovery motion. If the parties agree, the Court will hold an Informal Discovery Conference (IDC) to help counsel resolve discovery disputes informally. Counsel with decision-making authority must be present at any IDC. The Court has designated 8:30 a.m. Monday through Thursday as possible IDC times, however, so long as counsel are cooperative and agreeable, and depending on the complexity of the issue, simply give the Court a call and we will work with you.    

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Continuances: Requests for trial continuances must be made by noticed motion or ex parte application when appropriate. Case Management Conferences (CMC): Counsel must comply with CRC 3.700 et. seq. Counsel must file a case management statement at least fifteen (15) days prior to the hearing, as required by CRC 3.725(a). All defendants must be served with the complaint by the date of the CMC. If all defendants have not been served, plaintiff must submit a declaration to the court five (5) days prior to the CMC explaining what efforts have been undertaken to accomplish service pursuant to CRC 3.110 (e). Counsel familiar with the case and prepared to commit to the party’s position must appear at the conference, as required by CRC 3.722(c). Telephonic Appearances: Counsel may appear by CourtCall, as permitted by CRC 3.670. Counsel must check in with CourtCall by 8:45 a.m. to be ready for a 9:00 a.m. appearance. CourtCall may not be used for the Final Status Conference. Law and Motion: Hearing dates. Beginning June 13, 2016, motions will generally set and heard on Monday, Tuesday, Wednesday, and Thursday, at 8:30 a.m. As of January 4, 2016, parties must obtain and schedule a motion Hearing Date via the online Court Reservation System (CRS) on the Los Angeles Superior Court website. Go to “LA Court Online, Court Reservation System” at www.lacourt.org to reserve a date prior to filing any motion papers. On the website, under “Online Services,” go to “Civil” then click on “Court Reservation System.” Under “CRS,” click “Make a Reservation” and follow the prompts. Motion fee payments are required at the time the motions are scheduled online. Parties may choose any available hearing dates and papers are then filed in Room 102 pursuant to the CRS instructions. Court reporter. The Court no longer provides a court reporter. The parties may bring a court reporter to the hearing; the Court’s website contains information regarding court procedures. Courtesy Copies. If counsel files any papers in connection with a hearing scheduled within 5 court days of the filing, counsel should deliver a courtesy copy to Department 40 at the time of filing. Tentative rulings. On most motions the Court will post a written tentative ruling on the Court’s website or will make them available in the courtroom on the day of the    

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hearing. If counsel intends to submit on the tentative, inform the Court by sending an email to the courtroom at [email protected], with the case number and calendar date in the subject line. Evidentiary objections. Counsel filing evidentiary objections in connection with a motion for summary judgment or summary adjudication must comply with CRC Rule 3.1354. An evidentiary objection must specifically identify the document in which the objectionable material is located, quote or set forth the objectionable statement or material, and state the basis for the objection. Sealed documents. If counsel seeks to submit any materials in support of a motion under seal, counsel must strictly comply with CRC 2.551 et. seq. Motions for Summary Judgment and Summary Adjudication are set only on Tuesdays and Thursdays. Default Judgment Packages: Once a default is entered, please submit the default judgment evidence within 45 days directly to Department 40. Settlement Conferences. Final Status Conference: Set daily at 8:300 a.m. Trial Preparation Order: Please see the Court’s FSC/Trial Readiness Documents; it is also available in hard copy in the courtroom. Trials: Beginning June 13, 2016, the Court will generally set Jury Trials on a Tuesday at 9:30 a.m., and Court Trials on a Monday. Jury Selection: A variation of the “Struck Jury” method is used. That is, all 35 jurors are questioned for cause by the Court and by counsel. Jurors will have been assigned numbers 1 through 35, based on their appearance on random list prepared in the jury assembly room. Counsel will be provided with a copy of the list before selection begins. As a general rule, each side will have an hour for voir dire of the panel. The Court will examine the all jurors in the panel first, consistent with Rule 8 of the Standards of Judicial Administration. Counsel should not repeat questions already asked. Please do not instruct on the law or the facts. Suggestive or argumentative questions are not permitted.    

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Do not ask a juror to impart his or her knowledge of legal principles or attempt to secure a promise in advance regarding the weight of any particular testimony or facts. Do not use a juror as a “witness” to try to bring out facts or circumstances you expect will arise in the case. This time limit is subject to modification depending on the facts, depending upon the number of parties per side, and on the ongoing efficacy, quality and appropriateness of the questioning by counsel.  After voir dire, Cause Challenges are directed on all 35 panelists and will occur at side bar or in Chambers. If, for example, Juror Number 5 was excused for Cause, before Peremptory Challenges begin, because Peremptory Challenges are directed to the 12 in the jury Box only, seat 5 will be filled by the first cause-survived panelist available beginning with possible juror 13. Counsel, beginning with Plaintiff, may then ask leave of Court to thank and excuse a juror from the Box. So, if counsel were excuse juror number 7, the next possible juror outside the Box, say juror 14, will take empty seat number 7 and be referred thereon as the new “juror 7.” If there are jurors who have been passed for cause at the time the jury in the Box is sworn, the Court, at side bar, will give counsel an opportunity to speak among themselves to determine if there will be a stipulation as to who the Alternates will be. If there is no stipulation, peremptory challenges on the alternates will proceed in open court. The Court will determine the number of alternate jurors following discussion of the time estimate with counsel at the final status conference. In cases involving multiple parties, the number of peremptory challenges will depend upon the number of “sides” in the case. A determination will be made prior to jury selection. Jury Trial: Generally, following the first day of trial, counsel is ordered to appear at 9:30 a.m. each day, Monday through Friday. The jury will be ordered in for 9:45 a.m. Generally, the jury will be released at 4:15 pm and court will adjourn at 4:30 pm. a. Counsel may speak from the lectern or counsel table and may approach the witness with Leave of Court to give or show the witness an exhibit; a single or one-time request of Leave to Approach per witness is all that is required.

   

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b. There will be no speaking objections. See LASC Rules 3.123-3.1124. Arguments on points of law or evidentiary matters must be made outside the presence of the jury. Sidebars are really, really disfavored and will be avoided unless absolutely necessary. Arguments on points of law or evidentiary matters will be handled outside the presence of the jury at the next break unless timing is critical. At the end of the day, counsel will be allowed to make a record. c. All objections, statements and arguments shall be made to the Court, not to opposing counsel. d. Counsel Shall Not make an offer to enter into a Stipulation in presence of the jury without the prior knowledge and agreement of opposing counsel. e. Counsel shall be prepared with enough witnesses to use the entire court day until he/she rests. At the conclusion of each day, counsel will advise the Court and counsel of the witnesses that will be called the following day. f. No exhibit shall be published to the jury in Opening Statement or prior to being admitted into evidence absent a Written Stipulation of counsel. See Local Rule 3.97. Motions to admit exhibits will be handled outside the presence of the jury at the conclusion of the court day, the conclusion of the party’s case or at the end of trial. Once marked for identification, no exhibit shall leave the courtroom without leave of Court. g. No exhibit or demonstrative evidence shall be referred to at trial without opposing counsel having had an opportunity to review it. No visual aids, such as blow ups, power points, models or charts shall be used in opening statement or closing argument without opposing counsel having first been given the opportunity to review them in advance. Power Point presentations are to be printed out for the opposing side—and the Court. If there are objections, be prepared to provide a copy of the printed power point version to the Court. Avoid surprising your opponent! See LASC Rule 3.180. h. Before inquiring into an area of evidence that may reasonably be anticipated to be inflammatory or highly prejudicial pursuant to Evidence Code section 352, counsel should bring the intended area of inquiry to the attention of opposing counsel and the Court outside the presence of the jury. i. Jury instructions: Before the presentation of the evidence, the Court will preinstruct the jury from the CACI 100 series and 200 (burden of proof). At the time of trial, a joint set of agreed upon instructions and a set of instructions from each side to which there are objections shall be submitted. Before delivery of instructions, counsel shall fill in the blanks and make all modifications. All instructions except concluding instructions will be read before Closing Arguments.    

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No later than the conclusion of the evidence, the Court will hold a jury instruction conference with counsel. After the presentation of the evidence, the Court does not read the CACI 100 series, but begins with the parallel instructions in the CACI 5000 series. j. Parties are to review the Verdict Forms submitted by the parties at the FSC and to meet and confer. Parties are urged to agree on a Special Verdict. If counsel cannot agree, each side is required to submit any revised proposed verdict form no later than the jury instruction conference. Trials Without Court Reporters: Counsel are directed to meet at the close of each session and to prepare a Joint Statement of the witness testimony presented that day. This statement is to be provided to the Court the following court day. The statement will be used as a tool by the parties in preparation of a Settled Statement on appeal as required by CRC section 8.137(a)(2)B).

   

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Dept. 40 

FSC/TRIAL Readiness Documents  The Bench‐Binder is Due Two (2) days before FSC  I.

PLEASE-RESOURCES ALLOW—FILE BENCH BINDER (for Bench Officer) TAB A: Trial Brief: Claims & Defenses/Major Legal Issues/Relief Requested/ Calculation of Damages Sought-Anything to Help the Court Understand Your Case TAB B: Captioned and Numbered Motions in limine: Opposition & Responses (If the in limines are Voluminous, Consider Placing them in a Separate Binder = Just Keep it Logical & Easy to Use and Cross referenced) TAB C: Joint Statement to “Read to Jury” TAB D: Joint Witness List (impeachment & rebuttal too!): Name, Expertise, Estimates of time on Direct & Cross, Interpreter, witness Scheduling or Special Needs, etc TAB E: Proposed Instruction “List”, Joint/Agreed & Contested, with Check Column for trial Judge TAB F: Printed Jury Instructions: Full-Text and Edited Needed ONLY for Causes of Actions, Defenses and/or Specials! (Ideally these will be available to the Court on Zip Drive or CD for Editing and Printing using a Uniform Instruction Format.) TAB G: Joint Verdict Forms: Joint & Contested TAB H: Joint Exhibit List: With Brief Description & With Columns for Judge’s Use TAB I: Each Side to Submit A Proposed Order of Judgment (and Zip Drive or CD)

II.

FILE: TWO (2) EVIDENCE BINDERS (For Judge and Judicial Assistant/Clerk) CONTAINING: All Documents, numbered (if needed for Opening Statement, consider Stipulations); All Exhibits inserted, and numbered, and ALL Non-Documentary Exhibits, numbered and inserted by way of either (1) Description or (2) Photograph Don’t forget to Lodge Transcripts Write Out your Stipulations

jds 8/23/2016