Courtesy copies are required for covered filings before Judge Benjamin P. Hernandez-Stern. For papers filed within seven calendar days of a hearing, send a courtesy conformed copy directly to the courtroom via email to WCCDept1@lacourt.org immediately after filing.
The rule identifies required filing content or certificates. Motions filed before an IDC is conducted will be continued until after the IDC, except for good cause.
Judge Benjamin P. Hernandez-Stern's rules specify how parties may contact chambers. The lawyer designated to try the case must be present in person at the Final Status Conference; remote appearances are not permitted unless leave by Court is given, and motions for leave to appear remotely are due seven days before the FSC.
Judge Benjamin P. Hernandez-Stern's rules specify what an adjournment or extension request must include. Requests for a trial continuance are strongly disfavored; any request must include a showing of good cause and a statement from each party that the proposed trial date is a date upon which all experts, percipient witnesses, and principals will be available.
For papers filed within seven calendar days of a hearing, send a courtesy conformed copy directly to the courtroom via email to WCCDept1@lacourt.org immediately after filing.
Motions filed before an IDC is conducted will be continued until after the IDC, except for good cause.
For large files and voluminous documents, use a secure electronic server to send a download link containing conformed electronic copies to WCCDept1@lacourt.org.
Email unredacted copies of documents filed with the Court directly to WCC-Dept1@lacourt.org.
Ex parte applications are heard Monday-Thursday at 8:30 a.m., must be electronically filed by 10:00 a.m. the business day before the hearing, and served by email on all parties who have appeared.
Written opposition to an ex parte application must be electronically filed and e-served by 8:30 a.m. the day of the hearing.
Parties must meet and confer in person, by telephone, or by video conference before filing any motion.
Motions are heard Monday through Thursday at 8:30 a.m.; parties must obtain and reserve a motion hearing date via the online Court Reservation System before filing motion papers (except ex parte motions).
If substantially similar motions should be heard on the same date, parties may contact the Judicial Assistant or Courtroom Assistant to arrange hearings on the same date.
The Court may disregard a filing or deny a motion for failure to comply with the Code of Civil Procedure, California Rules of Court, or other applicable law.
Keep motions and briefs concise; lengthy factual backgrounds and extensive citations are generally unnecessary except for summary judgment motions.
Avoid introducing new information or evidence in reply or closing memorandums that do not address issues raised in oppositions; the Court may disregard such new information or continue the hearing.
Do not contact courtroom staff to ask if a tentative ruling will be issued; tentatives normally are posted by the afternoon before the hearing but may be posted on the morning of the hearing or not at all.
Parties who wish to submit on the tentative ruling must notify courtroom staff at check-in; if a matter is scheduled for both a motion and a status conference on the same day, you may submit on the tentative but must appear for the status conference.
If a moving party fails to appear, the motion may be ruled upon or taken off-calendar at the Court’s discretion; if a party does not intend to proceed, they must immediately notify courtroom staff, opposing counsel, and cancel or postpone the reservation through CRS.
Before filing a motion to compel further discovery or other discovery motions regarding depositions or subpoenas, counsel must first meet and confer in good faith in person, telephonically, or by video conference.
The Court requests that counsel schedule an Informal Discovery Conference (IDC) by filing form LACIV 094; no motion to compel further discovery will be heard until an IDC is conducted.
Requests for a trial continuance are strongly disfavored; any request must include a showing of good cause and a statement from each party that the proposed trial date is a date upon which all experts, percipient witnesses, and principals will be available.
The lawyer designated to try the case must be present in person at the Final Status Conference; remote appearances are not permitted unless leave by Court is given, and motions for leave to appear remotely are due seven days before the FSC.
At the FSC, the Court will require parties to provide information as to efforts made to resolve the matter through settlement conference(s) and/or mediation; a statement describing such efforts is due seven days before trial.
Parties must meet and confer at least ten days before the FSC to exchange, discuss, and prepare trial readiness documents; at least seven court days before the FSC, parties shall serve and file trial briefs, motions in limine, joint statement of the case, joint witness list, joint exhibit list, jury instructions, voir dire questions, and joint verdict forms.
Trial briefs are mandatory and must include: description of facts, claims, defenses, issues; elements and burden of proof; stipulations; major legal/evidentiary issues with points and authorities; relief claimed with damages breakdown; joint list of jury instructions; and any further information to assist the Court.
Motions in limine must be in writing, numbered, filed and served in accordance with Local Rule 3.25(f)(2), and accompanied by a declaration that the motion has been discussed with opposing counsel; boilerplate or form motions are disfavored.
Motions in limine will be heard at the FSC; if more than one is filed, each shall be numbered consecutively; opposition papers shall include the number of the motion to which it responds.
Parties should bring a court reporter to all trial proceedings, starting with motions in limine.
For jury trials, parties shall prepare and file a joint written statement of the case for the Court to read to the jury; it should be brief and factual.
Parties shall prepare and file a joint exhibit list with columns for exhibit number, offering party, stipulation to authenticity/admissibility, date identified, and date admitted; exhibits must be numbered (not letters), Bates stamped, and each page of a multi-page exhibit consecutively paginated.
On the first day of trial, provide three copies of all exhibits and the exhibit list with columns for the clerk and Court; provide three 3-ring binders (one for Court, clerk, witness stand) and an exhibit binder to each opposing party.
Parties shall prepare and file a joint list of all requested jury instructions with a copy of each fully filled out, organized in numerical order; instructions not agreed upon should be filed separately with the requesting party identified.
Not later than two days before the conclusion of evidence, the Court will require parties to meet and confer to create a final set of instructions.