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JUNE 2020 - SPECIAL EDITION
 
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Court Alerts
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Court Alerts
Litigation Section Newsletter

Editors:
Cherisse Cleofe
Karen Henry
Staci Tomita


Litigation Executive Committee:

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

 
 
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Court Alerts - Special Edition
 
  • Please see below for information about two proposals soliciting comments by June 8, 2020:
    • Civil Practice and Procedure: Streamlined Discovery Pilot Project (https://www.courts.ca.gov/documents/spr20-09.pdf): It is a voluntary pilot project for unlimited civil cases in an effort to implement the recommendation of the Commission on the Future of California’s Court System to take steps to streamline the discovery process in civil cases in order to lessen the cost of litigation and therefore provide greater access to justice for civil litigants. The proposed pilot would include staggered initial disclosures (in contrast to the mutual initial disclosures provided for in Rule 26 of the Federal Rules of Civil Procedure), limiting interrogatories and RFAs to 35 and requiring a court ordered good cause finding (not just a good cause declaration) to exceed that number, and offering litigants participating in the pilot preference for hearings on discovery disputes and trial setting. Comments are requested on topics including whether the parties should be required to meet and confer about participating in the program, whether there should be a limit on RFPs, and what incentives should be put into place to encourage participation.
    • Proposal for Judicial Council Sponsored Legislation: Remote Video Appearances in all Civil Actions and Proceedings (https://www.courts.ca.gov/documents/leg20-02.pdf): This proposal originates with recommendations included in reports from the Commission on the Future of California’s Court System and the Information Technology Advisory Committee’s Remote Video Appearances Workstream. The proposed legislation would provide statutory authority (proposed Cal. Code of Civ. Procedure sec. 367.7) for courts to permit remote video appearances in any civil action or proceeding, including trials and evidentiary hearings. “Proceeding” is broadly defined to mean civil and small claims, unlawful detainers, juvenile dependency, family law, petitions for gun violence restraining orders, petitions for name changes, and sexually violent predator hearings. Comments are requested on topics including whether there are certain proceedings that should be excluded from the scope of the proposed rule.
  • The Task Force on Access Through Innovation of Legal Services issued its final report in March 2020. California Lawyers Association provides an overview of the final recommendations here. On May 14, the State Bar of California’s board of trustees approved a working group to examine the most ambitious of three regulatory sandbox proposals to test new and innovative ways of delivering legal services, including permitting nonlawyer ownership of law firms and fee-sharing.
 

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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