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DECEMBER 2020
 
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IN THIS ISSUE
 
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Court Alerts
Litigation Section Newsletter

Editors:
Brian Hershman
Staci Tomita


Litigation Executive Committee:

Officers:
Douglas N. Silverstein, Chair
Eric Y. Kizirian, Chair Elect
Brian T. Glennon, Vice Chair
Shehnaz M. Bhujwala, Secretary
Monisha A. Coelho, Immediate Past Chair

 
 
 

Thank You to Our Annual Sponsors

Thank you to our annual litigation section sponsors for their generous support of the LACBA Litigation Section.

- Berkeley Research Group
- Case Anywhere
- Coalition Court Reporters
- First Legal
- ILYM Group, Inc.
- JAMS

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- click here to view the sponsors page -

 
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Court Alerts
 

LOS ANGELES COUNTY SUPERIOR COURT UPDATES

National Adoption Day

  • On November 21, judicial officers from the Court, attorneys from the Alliance for Children’s Rights and Public Counsel, and the Los Angeles County Department of Children and Family Services completed virtual adoption ceremonies for 149 children in Los Angeles foster care. (News Release)

Judicial Updates

  • Governor Newsom appointed nineteen Superior Court Judges, including ten in Los Angeles County: Rita L. Badhan, Alicia Y. Blanco, Robert E. Sanchez DuFour, Carla L. Garrett, Ronald O. Kaye, Elizabeth Potter Scully, David W. Swift, Hernan D. Vera, Wendy L. Wilcox, and Bryant Y. Yang. (Article)
  • Effective November 12, the Probate Division at the Stanley Mosk Courthouse implemented changes to judicial assignments, which can be found here
  • Effective November 2, the Family Law Division implemented changes to ex parte applications and oppositions in all cases other than Restraining Orders, which can be found here. A redlined version of the amended rule can be found here.
  • Presiding Judge Kevin C. Brazile issued a general order extending certain dependency deadlines to sections 313 and 315 of the Welfare and Institutions Code. More information can be found here.

Judicial Mentorship Program

  • The Court established a Judicial Mentorship Program designed to identify, encourage and provide mentors for all individuals considering a judicial career.  (News Release)

COVID-19 Notices

  • Presiding Judge Kevin C. Brazile has prohibited the use of face masks with valves in all Los Angeles County courthouses. (News Release)
  • Please visit the Court’s COVID-19 News and Resource Center for COVID-19 related Court orders, policies, and procedures. You also may refer to LACBA’s Weekly Response Newsletter for updates related to COVID-19. 

Court Holidays

  • December 25, 2020
  • January 1, 2021

U.S.D.C. CENTRAL DISTRICT COURT UPDATES

Rule Changes

  • The below proposed amendments to Appellate, Bankruptcy, Civil, and Evidence Rules are projected to take effect on December 1, 2020:
    • Appellate Rules 35 and 40  
    • Bankruptcy Rules 2002, 2004, 8012, 8013, 8015, and 8021
    • Civil Rule 30
    • Evidence Rule 404 
  • An amendment to Fed. R. Civ. P. 30(b)(6) becomes effective December 1.
    • This amendment is in regards to depositions for organizations and requires that “before or promptly after the notice or subpoena is served, the serving party and the organization must meet and confer in good faith about the matters for examination.” Further, the Advisory Committee notes encourage parties to consider discussing examination topics at the Rule 26(f) early conference of counsel. Please refer to House Document 116-145 for the text of the amended rules, a redlined version, and the accompanying Advisory Committee notes.
  • Local Civil Rule L.R. 83-2.1.4 will become effective December 1, 2020. This rule is an addition to other newly effective rules. The full list of new rules is provided below. A redlined version of the new rules are available on the Court’s website.

Local Civil Rules

• L.R. 5-4.2
• L.R. 5-4.4.2
• L.R. 7-18
• L.R. 11-5.1
• L.R. 11-5.2

• L.R. 11-5.3
• L.R. 11-5.4
• L.R. 11-5.5
• L.R. 41-6
• L.R. 79-3

• L.R. 79-4
• L.R. 83-2.1.1.1
• New L.R. 83-2.1.2.3
• L.R. 83-2.1.3.3
• L.R. 83-2.1.4

• L.R. 83-2.1.4.1
• L.R. 83-2.1.4.2

 

Local Criminal Rules

• L.Cr.R. 32-1
• L.Cr.R. 32-2
• L.Cr.R. 32-3.1

• L.Cr.R. 32-3.2
• L.Cr.R. 32-3.3
• L.Cr.R. 32-3.4

• L.Cr.R. 32-3.5
• L.Cr.R. 32.1-1
• L.Cr.R. 32.1-2

• L.Cr.R. 46-2
• L.Cr.R. 49-1.2
• L.Cr.R. 57-3.5.2


COVID-19 Notices

  • For the latest COVID-19 updates regarding important information on courthouse access, court hearings, jury trials, filing information, and mandatory chambers copies, click here.
  • The Court’s General Orders regarding COVID-19 can also be found here.

Judicial Conference Committee:

  • Chief Justice John G. Roberts, Jr. named eight new chairs to the Judicial Conference committee and extended the term of a current chair by one year. The full list of appointments can be found here.

Court Holidays

  • December 25, 2020
  • January 1, 2021

COURT OF APPEAL UPDATES

Judicial Assignments

  • The following Judges are (or soon will be) sitting Pro-Tem:
    • Judge Rita Coyne Federman of the San Luis Obispo Superior Court, will be sitting Pro-Tem in Division One until December 31, 2020.
    • Judge Timothy P. Dillon of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until December 31, 2020.
    • Judge Tony L. Richardson of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until December 31, 2020.

Work Group Addressing Bias in Court Proceedings

  • Chief Justice Tani G. Cantil-Sakauye announced the new Work Group to Enhance Administrative Standards Addressing Bias in Court Proceedings. The work group will update a judicial standard outlining steps courts can take to prohibit bias in proceedings. The group consists of eight members, including co-chair Administrative Presiding Justice Brad Hill, of the Fifth District Court of Appeal, and Justice Carin Fujisaki, of the First District Court of Appeal. (News Release)

Judicial Ethics Opinion

  • The California Supreme Court Committee on Judicial Ethics Opinions (CJEO) issued an opinion on the duties of a presiding judge or judge with supervisory duties when investigating a formal complaint against a trial judge. A summary and the opinion can be found here.

Judicial Council Meetings and Appointments

  • Chatbots: The Judicial Council received a report discussing automated “chatbots” that help answer court user questions about the court process. The report identifies several matters, including a business case for expanding the use of chatbots and the creation of best practices. These chatbots have proven particularly helpful during COVID-19. (Report)
  • Pretrial Release Reform: The Judicial Council received a report on pretrial detention and release. The report recommended an examination of risk assessment tools, the need to inform parties of these tools, and further research on how these tools can identify and reduce racial bias in pretrial decisions. (Report)
  • Justice Martin J. Jenkins Confirmed to the California Supreme Court: Justice Jenkins made history as the first openly gay California Supreme Court justice and the third African American man to serve on California’s highest court. (Article)

Court Holidays

  • December 25, 2020
  • January 1, 2021
 
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Upcoming Events

Civility in the Courtroom and in the Practice of Law

Program Date: Monday, January 25, 2021
Time: 12:15 p.m. - 1:15 p.m.
Presented by:  LACBA Litigation Section

Please join us for an informative and entertaining panel discussion about our obligation to promote civility in our everyday practice and in the courtroom

For more information and to register, visit here.


About Court Alerts

The Litigation Section of LACBA is proud to provide "Court Alerts," an e-mail publication aimed at informing LACBA Litigation Section members of recent news related to the Los Angeles Superior Court and the U.S. Central District of California, including re-assignments of judges, changes in court structure, and other information important to litigators.


Readers are advised that changes in the law may affect the accuracy of this publication or the functionality of links after the publication date. The foregoing practice tips were prepared for information purposes only. Such practice tips do not constitute tax, legal or other advice and no responsibility is assumed for any reliance upon them or with respect to assessing or advising the reader as to tax, legal, or other consequences arising from a particular situation. The accuracy of the information provided should be independently verified by the reader and should not be treated as authoritative.


 

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