Judge Peter A. Hernandez
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
All filings
Courtesy copies
- 1 copy
Exhibit List, Exhibits, Jury Instructions, Witness List, Statement Of The Case, Trial Brief, Motion In Limine, Operative Pleading
- Hand Delivery • No Later Than Two Days Before Fsc
Exhibit List, Jury Instructions, Witness List, Trial Brief, Motion In Limine, Operative Pleading
- Hand Delivery • Two Days Before FSC
Adjournments
- Where a statutory motion deadline applies, parties are expected to stipulate to extend it until after the IDC; if they cannot stipulate the court will try to hear the IDC before the deadline, and the moving party may still apply ex parte for relief.
- Counsel should give the court advance notice if special circumstances require an adjustment to the five-day-per-week trial schedule.
Request must include
Communication
Chambers
Phone
Chambers
Phone
Phone
Court-wideClerk
Phone
Court-wideClerk
Phone
Court-wideClerk
Document Format Requirements4 rules
Motions in limine, oppositions, and replies must be bound in a tabbed 3-ring binder with table of contents.
As explained above, the parties and counsel must provide a tabbed binder at the FSC containing all motions in limine, oppositions, and replies in sequential order consistent with the number assigned to each motion in limine. The binder also must contain a table of contents identifying each motion in limine, opposition, and reply, and the corresponding tab for each.
When 10 or more exhibits will be used, exhibit copies must be placed in one or more 3-ring binders, with non-documentary exhibits represented by a simple written description.
If ten (10) or more exhibits are to be used, copies of the exhibits shall be placed in one or more 3-ring binders. Non-documentary exhibits shall be represented in the binder with a simple written description.
When more than one motion in limine is filed, each motion must be numbered consecutively.
If more than one motion in limine is filed, each shall be numbered consecutively.
Produced Song-Beverly documents may be provided to the opposing party electronically as PDF at the producing party's option.
The information may be provided to the opposing party in electronic form as a PDF at the option of the producing party.
Document Filing Requirements14 rules
Ex parte applicants must submit a proposed order and pay the filing fee before appearing in court.
Applicants must comply with California Rules of Court, rule 3.1200, et seq., submit a proposed order, and pay the filing fee before appearing in court.
Document Type
Ex Parte Application
Case management statement must be filed using Judicial Council form CM-110, 15 calendar days before the conference.
The parties and counsel shall file a case management statement using Judicial Council form CM-110 no later than fifteen (15) calendar days before the date set for the conference.
Document Type
Case Management Statement
Ex parte applications require a proposed order and filing fee payment before appearing in court.
Ex parte applications will be considered Monday through Friday at 8:30 a.m. Applicants must comply with California Rules of Court, rule 3.1200, et seq., submit a proposed order, and pay the filing fee before appearing in court.
Document Type
Ex Parte Application
Ex parte applications are reserved for exigent circumstances and must include a declaration making an affirmative factual showing of irreparable harm, immediate danger, or another statutory basis for ex parte relief.
Ex parte applications are reserved for exigent circumstances. The applicant shall comply with California Rules of Court, rule 3.1202(c): "An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte."
Document Type
Ex Parte Application
IDC requests must be filed on Form LACIV-094 and must indicate any applicable statutory deadlines and the specific date by which a motion must be filed.
The parties are instructed to file their Request for an IDC using Form LACIV-094. When filing a request, please indicate if any statutory deadlines apply and the specific date by which a motion must be filed.
Document Type
Request For Informal Discovery Conference
A joint exhibit list beginning with number 1 is required, with three copies provided containing columns for the clerk and the court to indicate whether each exhibit is marked.
A joint exhibit list beginning with the number 1 and provide three copies of the exhibit list with columns for the clerk and the court to use to indicate whether the exhibit is marked
Document Type
Exhibit List
Motions in limine must comply with Local Rule 3.57, including the required declaration if applicable.
When filing motions in limine, the parties must comply with Local Rule 3.57, including the required declaration, if applicable.
Document Type
Motion In Limine
A copy of all exhibits must be provided to the court on the first day of trial.
first day of the trial, a copy of all exhibits shall be provided to the court.
Document Type
Exhibits
The joint witness list must identify each witness by name, estimate the length of direct, cross, and redirect examination, and include total hours for all witness testimony.
The joint witness list shall identify each witness by name and estimate the length of the direct, cross, and redirect examination of each witness, and include a total number of hours for all witness testimony.
Document Type
Witness List
Opposition papers to motions in limine must include the number of the motion they respond to.
Opposition papers shall include the number of the motion to which it responds.
Document Type
Opposition
Parties must provide a joint witness list and a joint statement of the case to be read to the jury.
A joint witness list and joint statement of the case to be read to the jury.
Document Type
Witness List
Parties must provide a joint list of all requested jury instructions with a fully filled-out copy of each requested instruction, with disputed instructions attached separately and identified by the requesting party.
A joint list of all jury instructions requested and a copy of all requested instructions fully filled out. Those instructions not agreed upon should be attached separately and the party making the request should be identified.
Document Type
Jury Instructions
Trial briefs are strongly encouraged (not mandatory) and should contain five specified elements: facts/claims/defenses, elements and burden of proof, major legal issues with authorities, relief and damages calculations, and other helpful information.
Trial briefs are strongly encouraged to be filed and should contain (1) a brief description of the facts and the claims and defenses subject to litigation; (2) the elements and burden of proof for each of the cause(s) of action; (3) a list of major legal issues anticipated with points and authorities supporting and defending the issues; (4) a brief statement of the relief claimed and calculations of damages sought; and (5) any further information that counsel believes may assist the court in ruling upon trial objections or matters that may arise during trial.
Document Type
Trial Brief
Plaintiff and cross-complainant counsel are requested (not required) to provide the court a copy of the operative complaint(s) before trial and to indicate which causes of action will be dismissed.
Counsel for plaintiffs and/or cross-complainants are requested to provide the court with a copy of the operative complaint(s) prior to trial. Counsel should indicate prior to trial and cause(s) of action which will be dismissed.
Document Type
Operative Pleading
Filing & Service rules
Electronic Filing Rules
Court mandates eFiling for all documents except self-represented litigants or parties with approved exemptions; represented parties must comply with Local Rule 3.4 and 2019 General Order.
The court mandates electronic eFiling (“eFiling”) of all documents unless the litigant is self-represented, or an exemption has been received and approved. All parties represented by counsel shall comply with Local Rule 3.4 and the First Amended General Order Re: Mandatory Electronic Filing for Civil (May 3, 2019) [“General Order”]. All filings shall be in strict compliance with the technical requirements set forth in that general order.
Page 2 | GENERAL INFORMATION
Electronic filing is mandatory for all documents unless the litigant is self-represented or has an approved exemption.
The court mandates electronic eFiling (“eFiling”) of all documents unless the litigant is self -represented, or an exemption has been received and approved.
Page 2 | I. GENERAL INFORMATION
Represented parties must comply with Local Rule 3.4 and the May 3, 2019 Mandatory E-Filing General Order, and all filings must strictly comply with that order's technical requirements.
All parties represented by counsel shall comply with Local Rule 3.4 and the First Amended General Order Re: Mandatory Electronic Filing for Civil (May 3, 2019) [“General Order”]. The general order is available at https://www.lacourt.org/division/efiling/pdf/GenOrdEfiling.pdf. All filings shall be in strict compliance with the technical requirements set forth in that general order.
Page 2 | I. GENERAL INFORMATION
Represented parties must electronically file ex parte applications with all documentary support no later than 10:00 a.m. the court day before the ex parte hearing.
Parties represented by counsel must electronically file ex parte applications with all documentary support no later than 10:00 a.m. the court day before the ex parte hearing.
Page 3 | B. Ex Parte Applications
Represented parties must e-file ex parte applications with supporting documents by 10:00 a.m. the court day before the hearing.
Parties represented by counsel must electronically file ex parte applications with all documentary support no later than 10:00 a.m. the court day before the ex parte hearing.
Page 3 | B. Ex Parte Applications
Filing Timing and Cure Windows
Ex parte applications by represented parties must be filed by 10:00 a.m. the court day before the hearing.
Parties represented by counsel must electronically file ex parte applications with all documentary support no later than 10:00 a.m. the court day before the ex parte hearing.
Page 3 | B. Ex Parte Applications
Case management statement must be filed 15 calendar days before the conference.
The parties and counsel shall file a case management statement using Judicial Council form CM-110 no later than fifteen (15) calendar days before the date set for the conference.
Page 3 | A. Case Management Conferences
Parties must file a case management statement using Judicial Council form CM-110 at least 15 calendar days before the case management conference.
The parties and counsel shall file a case management statement using Judicial Council form CM-110 no later than fifteen (15) calendar days before the date set for the conference.
Page 3 | A. Case Management Conferences
Ex parte applications by represented parties must be filed no later than 10:00 a.m. the court day before the hearing.
Parties represented by counsel must electronically file ex parte applications with all documentary support no later than 10:00 a.m. the court day before the ex parte hearing.
Page 3 | B. Ex Parte Applications
The court will not accept same-day ex parte papers from self-represented parties if filed after 8:45 a.m.
The court will not accept ex parte papers from self-represented parties for hearings that same day if filed after 8:45 a.m.
Page 4 | B. Ex Parte Applications
Self-represented parties must file ex parte supporting or opposing papers with the Judicial Assistant in Department 408 or the clerk's office by 9:00 a.m. on the day of the hearing.
Self-represented parties seeking to present documents in support of or in opposition to an ex parte application must file them with the Judicial Assistant in Department 408 or the clerk's office by 9:00 a.m. on the day of the hearing, after paying any applicable filing fee (unless the party has a fee waiver).
Page 4 | B. Ex Parte Applications
Ex parte papers from self-represented parties filed after 8:45 a.m. on the hearing day will not be accepted.
The court will not accept ex parte papers from self-represented parties for hearings that same day if filed after 8:45 a.m.
Page 4 | B. Ex Parte Applications
Self-represented parties must file ex parte support/opposition documents with Department 408 or clerk’s office by 9:00 a.m. on the hearing day, with fee paid unless waived.
Self-represented parties seeking to present documents in support of or in opposition to an ex parte application must file them with the Judicial Assistant in Department 408 or the clerk’s office by 9:00 a.m. on the day of the hearing, after paying any applicable filing fee (unless the party has a fee waiver).
Page 4 | B. Ex Parte Applications
IDC joint statement must be filed 5 calendar days before the IDC, with a courtesy copy delivered to the court.
At least five (5) calendar days before the IDC, the parties and counsel shall file a joint statement that succinctly summarizes the nature of the dispute, the necessity for the discovery, the basis for any objection or withholding of information, and the overall status of discovery. Please deliver a courtesy copy of the joint statement.
Page 5 | D. Discovery Disputes - 1. Informal Discovery Conference
FSC required documents must be filed and exchanged 5 calendar days prior to FSC.
Unless ordered otherwise, at least five (5) days prior to the FSC, counsel must exchange and file with the court all documents required by Superior Court of Los Angeles County Rule 3.25(g)
Page 7 | A. Final Status Conference (SCLAC Rule 3.25(f)&(g))
Counsel must exchange and file all documents required by SCLAC Rule 3.25(g) at least 5 days before the Final Status Conference.
Unless ordered otherwise, at least five (5) days prior to the FSC, counsel must exchange and file with the court all documents required by Superior Court of Los Angeles County Rule 3.25(g), and the court requests the documents be provided in the form described below, in the interests of judicial efficiency.
Page 7 | A. Final Status Conference (SCLAC Rule 3.25(f)&(g))
Motions in limine must be filed and served 14 calendar days before the Final Status Conference.
As explained above, the motions in limine shall be filed and served fourteen (14) calendar days before the FSC.
Page 8 | A. Final Status Conference - Motions in Limine
Oppositions to motions in limine must be filed and served 7 calendar days before FSC.
Any opposition to the motions in limine shall be filed and served seven (7) calendar days before the FSC.
Page 8 | A. Final Status Conference (SCLAC Rule 3.25(f)&(g))
Replies to motions in limine may be filed 3 calendar days before FSC.
The moving party may file a reply brief three (3) calendar days before the FSC.
Page 8 | A. Final Status Conference (SCLAC Rule 3.25(f)&(g))
The moving party may (permissively) file a reply brief 3 calendar days before the Final Status Conference.
The moving party may file a reply brief three (3) calendar days before the FSC.
Page 8 | A. Final Status Conference - Motions in Limine
Motions in limine must be filed 14 days before FSC, oppositions 7 days before, replies 3 days before.
Unless otherwise ordered, motions in limine will be heard at the time of the FSC. (See Local Rule 3.25(f)(2).) As explained above, the motions in limine shall be filed and served fourteen (14) calendar days before the FSC. Any opposition to the motions in limine shall be filed and served seven (7) calendar days before the FSC. The moving party may file a reply brief three (3) calendar days before the FSC.
Page 8 | A. Final Status Conference (SCLAC Rule 3.25(f)&(g))
Oppositions to motions in limine must be filed and served 7 calendar days before the Final Status Conference.
Any opposition to the motions in limine shall be filed and served seven (7) calendar days before the FSC.
Page 8 | A. Final Status Conference - Motions in Limine
Service and Proof of Service Rules
All defendants must be served with the complaint by the case management conference, and if service is incomplete, plaintiff may file a declaration 7 days before the hearing explaining why, documenting efforts, and stating a proposed completion date.
All defendants must be served with the complaint by the case management conference. If all defendants have not been served, plaintiff or plaintiff's counsel may submit a declaration to the court seven (7) days prior to the hearing explaining why service has not been completed, documenting the efforts that have been made to complete service, and specifying the date by which service is proposed to be completed. (Cal. Rules of Court, rule 3.110.)
Page 3 | A. Case Management Conferences
Both plaintiff and defendant must serve a verification with the documents they produce.
Plaintiff and defendant shall serve verification with the documents they produce.
Page 6 | 2. Song-Beverly Warranty Litigation
Pretrial service deadlines are extended based on the manner of service as set forth in Code of Civil Procedure section 1013, unless otherwise ordered.
Unless otherwise ordered, the following pre-trial filing and service deadlines apply. All deadlines for service are extended based on the manner of service as set forth in Code of Civil Procedure section 1013.
Page 7 | III. TRIALS
Filing Fees and Waivers
Ex parte applicants must pay the filing fee before appearing in court.
Applicants must comply with California Rules of Court, rule 3.1200, et seq., submit a proposed order, and pay the filing fee before appearing in court.
Page 3 | B. Ex Parte Applications
Self-represented parties must pay any applicable filing fee when filing ex parte papers, unless they have a fee waiver.
Self-represented parties seeking to present documents in support of or in opposition to an ex parte application must file them with the Judicial Assistant in Department 408 or the clerk's office by 9:00 a.m. on the day of the hearing, after paying any applicable filing fee (unless the party has a fee waiver).
Page 4 | B. Ex Parte Applications
Self-represented parties must pay applicable filing fee for ex parte documents unless they have a fee waiver.
Self-represented parties seeking to present documents in support of or in opposition to an ex parte application must file them with the Judicial Assistant in Department 408 or the clerk’s office by 9:00 a.m. on the day of the hearing, after paying any applicable filing fee (unless the party has a fee waiver).
Page 4 | B. Ex Parte Applications
Hearing date must be reserved online and motion fee paid prior to filing any motion (except motions in limine).
Moving parties must secure a hearing date via the online Court Reservation System on the Superior Court of Los Angeles County website. Please see the “Online Services” section to find the civil Court Reservation System at www.lacourt.ca.gov to reserve a hearing date prior to filing any motion, except for motions in limine, which, by Local Rule, are heard during the Final Status Conference. Motion fee payments are required at the time reservations are made online.
Page 4 | C. Law and Motion
Motion fees must be paid at the time the hearing date reservation is made online.
Motion fee payments are required at the time reservations are made online.
Page 4 | C. Law and Motion
Courtesy Copy Requirements
Self-represented parties must bring a separate courtesy copy of ex parte papers for each other party.
A separate courtesy copy of the papers shall also be brought for each other party in the case.
Page 4 | B. Ex Parte Applications
A separate courtesy copy of ex parte papers must be brought for each other party in the case.
A separate courtesy copy of the papers shall also be brought for each other party in the case.
Page 4 | B. Ex Parte Applications
Courtesy copy of IDC joint statement must be delivered to the court.
Please deliver a courtesy copy of the joint statement.
Page 5 | D. Discovery Disputes - 1. Informal Discovery Conference
Courtesy copies of the listed pretrial documents (exhibits/exhibit list, jury instructions, witness list, statement of the case, trial briefs, motions in limine, operative pleadings) must be delivered to Department 408 no later than 2 days before the FSC.
Please deliver courtesy copies of the following documents to Department 408 no later than two (2) days before the FSC:
Page 7 | A. Final Status Conference (SCLAC Rule 3.25(f)&(g))
FSC required documents must be filed 5 days prior to FSC, with courtesy copies delivered to Department 408 2 days before FSC.
Unless ordered otherwise, at least five (5) days prior to the FSC, counsel must exchange and file with the court all documents required by Superior Court of Los Angeles County Rule 3.25(g), and the court requests the documents be provided in the form described below, in the interests of judicial efficiency. Please deliver courtesy copies of the following documents to Department 408 no later than two (2) days before the FSC:
Page 7 | A. Final Status Conference (SCLAC Rule 3.25(f)&(g))
A tabbed binder containing all motions in limine, oppositions, and replies in sequential order with a table of contents must be provided to the court no later than 2 days before the FSC.
As explained above, the parties and counsel must provide a tabbed binder at the FSC containing all motions in limine, oppositions, and replies in sequential order consistent with the number assigned to each motion in limine. The binder also must contain a table of contents identifying each motion in limine, opposition, and reply, and the corresponding tab for each. The binder(s) must be provided to the court no later than two (2) days before the FSC.
Page 8 | A. Final Status Conference - Motions in Limine
The court strongly encourages parties to provide printed courtesy copies, with specific requirements governed by Section 9 of the May 3, 2019 General Order.
This court strongly encourages the parties to provide the court with printed courtesy copies. Please refer to the court’s May 3, 2019, General Order, Section 9 [PRINTED COURTESY COPIES], concerning the specific requirements for compliance with the court’s printed courtesy copies provisions.
Page 2 | I. GENERAL INFORMATION
A courtesy copy of the IDC joint statement must be delivered to the court.
Please deliver a courtesy copy of the joint statement.
Page 5 | 1. Informal Discovery Conference
Sealing & Redaction Procedures
A party seeking protective order protection for produced Song-Beverly documents must serve and file a proposed protective order within five days of the Order after meet and confer, with the default being the Los Angeles County standard Protective Order.
If a party believes any of this information should be subject to protective order, that party shall serve and file a proposed protective order within five (5) days of this Order and the parties shall meet and confer as to agreeable language for the same. The default will be the standard Protective Order provided by the Superior Court of Los Angeles County on its website.
Page 6 | 2. Song-Beverly Warranty Litigation
Filing Bundling Requirements
Motions in limine, oppositions, and replies must be bundled in a tabbed binder with table of contents, provided to court 2 days before FSC.
As explained above, the parties and counsel must provide a tabbed binder at the FSC containing all motions in limine, oppositions, and replies in sequential order consistent with the number assigned to each motion in limine. The binder also must contain a table of contents identifying each motion in limine, opposition, and reply, and the corresponding tab for each. The binder(s) must be provided to the court no later than two (2) days before the FSC.
Page 8 | A. Final Status Conference (SCLAC Rule 3.25(f)&(g))
Pre-Motion Conference Requirements
Moving parties must reserve a hearing date through the online Court Reservation System before filing any motion, except motions in limine which are heard at the Final Status Conference.
Moving parties must secure a hearing date via the online Court Reservation System on the Superior Court of Los Angeles County website. Please see the "Online Services" section to find the civil Court Reservation System at www.lacourt.ca.gov to reserve a hearing date prior to filing any motion, except for motions in limine, which, by Local Rule, are heard during the Final Status Conference.
Page 4 | C. Law and Motion
Parties must schedule an Informal Discovery Conference (IDC) prior to filing any discovery motion, using Form LACIV-094.
In any case filed in this Department, if the parties are unable to settle their discovery disputes, pursuant to Code of Civil Procedure section 128(a)(3), the court requests that they schedule an Informal Discovery Conference (“IDC”) prior to filing any discovery motion. The parties are instructed to file their Request for an IDC using Form LACIV-094.
Page 5 | D. Discovery Disputes - 1. Informal Discovery Conference
Parties must file a joint statement at least five calendar days before the IDC summarizing the dispute, the necessity for the discovery, any objections, and the overall discovery status, grouped by issue if possible.
At least five (5) calendar days before the IDC, the parties and counsel shall file a joint statement that succinctly summarizes the nature of the dispute, the necessity for the discovery, the basis for any objection or withholding of information, and the overall status of discovery. Please group the identified discovery by issue in dispute, if possible.
Page 5 | 1. Informal Discovery Conference
Parties unable to settle discovery disputes must schedule an Informal Discovery Conference before filing any discovery motion; IDCs are heard Monday through Wednesday at 11:00 a.m. unless the court is in trial.
In any case filed in this Department, if the parties are unable to settle their discovery disputes, pursuant to Code of Civil Procedure section 128(a)(3), the court requests that they schedule an Informal Discovery Conference (“IDC”) prior to filing any discovery motion. The court hears such conferences Monday through Wednesday at 11:00 a.m. unless it is in trial at which point it will reschedule the conference.
Page 5 | 1. Informal Discovery Conference
Parties must meet and confer in good faith before filing motions in limine in an attempt to reach a stipulation on the evidence and other issues.
The parties and counsel shall meet and confer in good faith prior to filing the motions in limine in an attempt to reach a stipulation on the evidence and other issues. (See Local Rule 3.57(a)(2).)
Page 8 | A. Final Status Conference - Motions in Limine
Counsel must meet and confer no later than two days before the conclusion of evidence to create a final set of jury instructions.
Not later than two days before the conclusion of evidence, the court will require counsel to meet and confer for the purpose of creating a final set of instructions.
Page 8 | A. Final Status Conference - Jury Instructions
Motions in limine will be heard at the time of the Final Status Conference unless otherwise ordered.
Unless otherwise ordered, motions in limine will be heard at the time of the FSC. (See Local Rule 3.25(f)(2).)
Page 8 | A. Final Status Conference - Motions in Limine
Adjournment & Extension Requirements
Where a statutory motion deadline applies, parties are expected to stipulate to extend it until after the IDC; if they cannot stipulate the court will try to hear the IDC before the deadline, and the moving party may still apply ex parte for relief.
If there is a statutory deadline by which a motion must be filed, the court expects the parties to stipulate to extend the statutory deadline until after the IDC has been completed. In the event the parties cannot stipulate, the court will attempt to hear the IDC prior to any statutory deadline date. Nothing herein will preclude the moving party from applying ex parte for appropriate relief, including an order to allow filling of a motion after the IDC has been completed.
Page 5 | 1. Informal Discovery Conference
Counsel should give the court advance notice if special circumstances require an adjustment to the five-day-per-week trial schedule.
Counsel should advise the court well in advance if special circumstances require an adjustment to this schedule.
Page 9 | Trial Procedures
Chambers Communication Rules
Disability accommodation requests must be made to courtroom staff at least five days in advance and may be made by filing Judicial Council Form MC-410.
If you require an accommodation relating to a disability, please inform the courtroom staff at least five (5) days in advance so we can attempt to facilitate your request. Request can be made by filing Judicial Council Form MC-410.
Page 2 | C. Interpreters, Accessibility & Accommodations
Parties and counsel who will be late for a hearing or need a matter placed on second call should contact the court staff.
If the parties and counsel are going to be late for a hearing or need a matter to be placed on a second call, please contact the court staff.
Page 1 | I. GENERAL INFORMATION
Chambers can be contacted via phone at (213) 633-0154 for scheduling or emergencies.
Courtroom Tel. #: (213) 633-0154
Page 1 | GENERAL INFORMATION
Chambers can be contacted via email at smcdept408@lacourt.ca.gov for scheduling or emergencies.
Courtroom email: smcdept408@lacourt.ca.gov
Page 1 | GENERAL INFORMATION
Junior Lawyer Participation Incentives
The court encourages junior attorneys to argue hearings; when a junior attorney argues, one senior attorney for the same party may augment the argument and the court will allocate more hearing time.
The court strongly encourages the active participation of junior attorneys in hearings before the court to help develop their litigation skills. When a junior attorney argues for whatever relief is requested, the court will permit one senior attorney for the same party to augment the argument, if needed, and will allocate more time to the hearing to accommodate.
Page 4 | C. Law and Motion