- Civil motions are heard on Tuesdays at 9:30 a.m.
It is not necessary to clear a motion date with the court clerk prior to filing the motion, although the Judge reserves the right to sua sponte continue motions or decide them on the papers without oral argument. The Judge does not permit telephonic appearances for hearings absent exceptional circumstances.
Discovery motions are to be set before the district judge unless the district judge to whom the case is assigned has a blanket referral of all discovery matters to the magistrate judge or already has issued a case specific order referring all discovery matters to the magistrate judge. (See Discovery Referral Sheet.) Strict compliance with Local Rules 37-1 and 37-2 is required. It is the Judge’s general practice to decline requests by counsel for telephonic conferences to resolve discovery disputes that arise during pending depositions.
If there is a tentative ruling, it will be provided to counsel at the time counsel checks in with the court clerk
Failure to strictly comply with LR 5-4 will result in a party’s papers not being considered. Courtesy paper copies of e-filed documents shall be delivered to the courtesy copy box outside chambers, 6th Floor, Santa Ana, no later than 12:00 noon the following business day after filing. It is the Judge’s general practice to take no action on e-filed documents until after the courtesy copies are received.
Procedures for filing an ex parte application:
Strict compliance with Local Rule 7-19 and 7-19.1 will be required. An ex parte application is usually considered on the papers only. If the application is opposed, opposition papers should be filed no later than noon on the first court day following electronic filing of the application. In most cases, the Court will wait until that time before ruling. If needed, the Court will schedule a hearing.
Continuances of any scheduled court proceeding will be granted only on a showing of good cause. To request a continuance, the parties should submit a signed stipulation and proposed order. If opposing counsel will not agree to a continuance, the request should be made by ex parte application.
Counsel are not allowed to call chambers, the Judge's law clerk, or his judicial assistant, unless specifically directed to do so by the Judge or the court clerk.
Calls will not be returned regarding the status of a motion, stipulation, or proposed order. Counsel should check the docket sheet to ascertain the status.
Calendar conflicts: (Procedures for attorneys to follow if they have a calendar conflict)
Immediately advise the court clerk telephonically; attempt to secure other counsel's agreement to stipulate to a new date.
Electronic equipment: Permission to bring in or use audio, video, or electronic equipment should be requested from the court clerk in advance of the date of the court proceeding.
For general information on how to order a transcript of any reported or digitally recorded proceeding, please contact 213-894-3015 or visit the court website (www.cacd.uscourts.gov) section referring to Court Reporter/Recorder Transcripts. If you require an estimate of cost for the preparation of a transcript, contact the court reporter/recorder for the desired proceeding.
To determine the court reporter/recorder for a particular proceeding, go to the Court Reporter Schedule web page and click on View by Date. Once you've determined the correct court reporter/recorder for the desired session, click on Court Reporter Phone and Email List for contact information.
Questions regarding law clerk/extern positions: Communicate via letter to the Judge.
- Trial preparation:
Court hours: The Judge generally conducts bench trials from 8:30 a.m. to 2:30 p.m. with no lunch break. For jury trials, the hours generally are from 9:00 a.m. to 12:00 noon and 1:30 p.m. to 4:30 p.m. for short cases (i.e., less than 5 days), and from 8:30 a.m. to 2:30 p.m. with no lunch break for longer cases. The final determination of trial hours will be made at the final pretrial conference.
Other instructions: see exemplars of bench trial order and jury trial order below.
It is the responsibility of the parties to obtain the services of an interpreter on a civil case if one is needed.
The parties should contact the court clerk about dates available for settlement conferences. The proposed date(s) should be at least two weeks in advance. The Judge has its own settlement conference order, which differs in some respects from Local Rule 16-14.5. (See exemplar of settlement conference order below). All settlement conference papers should be delivered directly to the Judge's chambers, Room 6166, 6th floor. In lieu of personal delivery, settlement conference papers may be faxed to chambers at 714-338-2895, but only if the total number of pages being faxed is 15 or less.
Stipulated protective orders: see list of recurring mistakes below.
The Judge does not permit special appearances. Counsel of record shall appear at all court proceedings.
Procedure for Presenting Documents Electronically for Sealing (Pilot Project effective July 8, 2013):
The filing party is required to (1) electronically file the Application to File Under Seal, proposed order, and notice of Manual Filing, (2) email a PDF version of the proposed under seal documents and a Word or WordPerfect version of the proposed order to the Judge's chambers e-mail address (i.e., RNB_Chambers@cacd.uscourts.gov); and (3) deliver the following to the Clerk's Office window no later than noon the next court day: one copy each of the Notice of Manual Filing, the Application, the proposed order, and the proposed under seal documents. DO NOT deliver copies to the Judge's drop box on the 6th floor. If the Court grants the application to file under seal, the CRD will e-mail conformed copies of the sealed documents to the filing party. The filing party is required to serve copies of the sealed documents on all other parties as applicable and to e-file a proof of service within 24 hours. The parties are reminded that the Application itself is not under seal. If a party wishes to file declarations, memoranda, and/or exhibits in support of the Application under seal then the procedures set out above would have to be followed.