Judge Theresa M. Traber
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Not Required
Exhibits
- 2 copies • For Trial
Trial Binder
Adjournments
- Ex parte applications can often be avoided by meeting and conferring or posting on the bulletin board; an unopposed extension request supported by a bulletin board post showing good cause will likely be approved.
- Agreed continuances should be requested via bulletin board post or stipulation and proposed order, unresolved continuances may be sought by ex parte or noticed motion, and requests should be made as soon as practicable.
- Parties are expected to stipulate to extend motion filing deadlines while the IDC is pending.
Request must include
Communication
Phone
Chambers
Phone
Phone
Clerk
Page & Word Limits1 rule
A joint IDC report of up to five pages shall be filed at least five court days before the conference.
- Joint IDC report
- Up to 5 pages
Document Format Requirements2 rules
The parties will prepare a binder, or set of binders, for the Clerk containing pre-numbered exhibits. LASC Rule 3.52. Each exhibit will be inserted behind a numbered tab, with the numbers corresponding to the number of the exhibit on the joint exhibit list.
Leave at least four inches of blank space at the top of every page of any proposed special jury instructions, or any addenda to form instructions.
- Margins
- Top 4 inches
- Jury instructions
Document Filing Requirements20 rules
Although the Court strongly recommends using form agreements, they are not mandatory. However, parties seeking preliminary approval of a class action settlement must consult and follow the preliminary approval checklist.
Parties must file a timely Notice of Related Cases pursuant to Cal. Rules of Court, rule 3.300.
Parties must serve and file a Notice of Related Case in each allegedly related case as soon as possible and have a continuing duty to file such notices upon learning of related cases.
Court's wording
Rules of Court, Rule 3.300(b) requires that when a party "knows or learns that the action or proceeding is related to another action or proceeding pending, dismissed, or disposed of by judgment in any state or federal court in California, the party must serve and file a Notice of Related Case." The Notice must be filed in each allegedly related case. This must be done as soon as possible, and parties have a continuing duty to file such a notice when additional knowledge becomes available. (Rules of Court, Rule 3.300(e) and (g).)
In addition, if applicable, the declaration "must clearly state whether consideration, direct or indirect, is being given for the dismissal and must describe the consideration in detail." (CRC 3.770(a).)
Dismissal of class claims requires court approval under CRC 3.770 and must be accompanied by a sworn declaration setting forth the facts relied upon.
Court's wording
The dismissal of class claims without prejudice must be approved by the Court under California Rules of Court, Rule 3.770. Under CRC 3.770, a request to dismiss class claims must be accompanied by a sworn declaration "setting forth the facts on which the party relies" for the requested dismissal.
The proposed order accompanying the motion to seal must be narrowly tailored to seal only the specific information that is protected by the right to privacy, trade secrets law, or other applicable principles.
- Document
- Motion to seal
Must include
- •Proposed order
Parties must comply with LASC 3.57, including the declaration and meet and confer requirements.
Must include
- •Certificate of conference
JOINT STATEMENT OF THE CASE in the case of a jury trial, which will be read to the prospective jurors during jury selection. It should be short, factual and as neutral as possible.
Deposition testimony to be presented at trial, in lieu of live testimony, must be designated by the proponent of such testimony in advance of trial.
The parties are to meet and confer to determine which documents will be admitted by stipulation or, at least, without objection and whether there will be a stipulation to authenticate each exhibit.
Each party must file a signed trial brief (in both bench and jury trials) describing the claims, defenses, relief sought, evidentiary disputes, and all issues to be decided at trial, with citations to supporting authorities.
Court's wording
TRIAL BRIEFS for each party, in both bench and jury trials. These briefs should include a description of the claims, defenses, relief sought, evidentiary disputes, and all issues to be decided at trial along with a discussion of any novel or unusual issues of law, with citations to supporting authorities. The briefs must be signed, filed with the Court and served on all parties.
The parties are to file a joint list of all witnesses each party intends to call, which must include a time allocation for each witness for direct, cross examination, and redirect. The parties are to provide a proposed daily trial schedule with appropriate time allocations.
The parties must submit a list of proposed jury instructions indicating which instructions are requested by each side or jointly and noting any objections raised on an opposing party. In addition, a joint set of agreed-upon instructions, and a set of instructions from each side to which there are objections, shall be printed and filed.
Parties must jointly prepare a per-witness deposition chart with columns for designations by page and line, counter-designations, objections, and a blank column for the Court's rulings.
Court's wording
The parties shall cooperate in preparing a chart for each witness that includes a column for each of the following: (1) the proponent's designations by page and line; (2) counter-designations by other parties; (3) objections to specific language included in the designations; and (4) a blank column for the Court's rulings.
The parties are to meet and confer to prepare and file the proposed special verdict form. If the parties cannot agree, each party should file and serve its proposed version of the verdict form. The parties should make a copy of the final verdict form for each juror to utilize during deliberations.
Before submitting the instructions, counsel must fill in the blanks, make any appropriate modifications, remove any irrelevant or extraneous material, and comply with LASC Rules 3.170 – 3.171. The parties must utilize CACI for form instructions.
The parties shall lodge a copy of the deposition transcript to allow the Court to rule on the designations, counter-designations, and objections.
Citations of authority and requesting-party identities must be removed from instructions before jury deliberations, and parties must submit a full set of final instructions without titles or numbers for jury use.
Court's wording
Citation of authority and identity of the party requesting the instruction must be removed before submission to the jury for deliberation. When the instructions are finalized, the parties are to submit a full set of all instructions given at trial without any titles or number so these instructions can be presented to the jury to be used during deliberations.
An Initial Status Conference Order is issued soon after the filing of the case which provides among other things that all defendants should timely file a Notice of Appearance and pay all fees connected with a first paper filing.
JOINT STATEMENT OF STIPULATED FACTS where appropriate.
Filing & Service rules
Electronic Filing Rules
All documents in cases pending in this courtroom must be electronically filed, with certain exceptions for self-represented litigants.
Documents for cases pending in this courtroom are subject to mandatory electronic filing, pursuant to the September 15, 2021 General Order re: Electronic Filing in Complex Civil Litigation and the May 3, 2019 First Amended General Order re: Mandatory Electronic Filing for Civil Litigation. Certain exceptions apply for self-represented litigants.
Page 4 | GENERAL INFORMATION
Ex parte applications must be electronically filed under the Superior Court's electronic filing rules and procedures.
Ex parte applications must be electronically filed according to the Superior Court's electronic filing rules and procedures.
Page 10 | EX PARTE APPLICATIONS
Filing Timing and Cure Windows
Late filings will not be considered without leave of court obtained in advance.
Late filings will not be considered without leave of court obtained in advance.
Page 8 | Tentative Rulings
Written opposition to an ex parte application must be filed before 8:30 a.m. on the day of the hearing.
Any written opposition to an ex parte application must be filed and served before 8:30 a.m. on the day of the hearing. (Ibid.)
Page 10 | EX PARTE APPLICATIONS
A joint IDC report must be filed at least five court days before the IDC.
A joint IDC report of up to five pages shall be filed at least five court days before the conference.
Page 10 | DISCOVERY DISPUTES AND DISCOVERY MOTIONS
Motions in limine and bifurcation motions must be filed with proper statutory notice and set for hearing on the FSC date, though the Court may defer the hearing to the first day of trial.
MOTIONS IN LIMINE AND BIFURCATION MOTIONS must be filed and served with proper statutory notice and set for hearing on the FSC date. LASC Rule 3.25 (f)(2). The Court may defer hearing on said motions until the first day of trial.
Page 10 | TRIAL PROCEDURES - Required Pretrial Filings
All final status conference documents other than motions must be filed with the Court at least five court days in advance.
Required Pretrial Filings: All FSC documents other than motions shall be filed with the Court at least five court days in advance
Page 10 | TRIAL PROCEDURES - Required Pretrial Filings
Ex parte applications and all supporting documents must be filed before 10:00 a.m. on the court day before the hearing.
Ex parte applications and all documents in support thereof must be served and filed before 10:00 a.m. on the court day before the hearing. (See First Amended General Order dated May 3, 2019, subd. (8); Local Rule 3.4(f).)
Page 10 | EX PARTE APPLICATIONS
Motion in limine binders must be delivered to the Court at least five court days before the Final Status Conference.
The motion in limine binders shall be delivered to the Court at least five (5) court days before the FSC.
Page 11 | TRIAL PROCEDURES
Only the Joint Exhibit List (with foundation and admissibility stipulations), not the exhibit binders, must be filed five court days before the FSC.
Only the Joint Exhibit List with appropriate stipulations as to foundation and admissibility (not binders of exhibits) need be filed five court days in advance of the FSC.
Page 11 | TRIAL PROCEDURES
A Notice of Settlement should be filed as soon as practicable.
A Notice of Settlement should be filed as soon as practicable.
Page 6 | CLASS ACTION AND PRIVATE ATTORNEY GENERAL ACT (PAGA) SETTLEMENTS
A tentative ruling is not an opportunity to file additional documents to "cure" a perceived deficiency but a request to do so may be raised in oral argument.
A tentative ruling is not an opportunity to file additional documents to "cure" a perceived deficiency but a request to do so may be raised in oral argument.
Page 8 | Tentative Rulings
Supplemental filings on approval motions should, whenever possible, be filed before the scheduled hearing date or non-appearance case review.
Whenever possible, supplemental filings should be filed in advance of the scheduled hearing date or non-appearance case review.
Page 6 | CLASS ACTION AND PRIVATE ATTORNEY GENERAL ACT (PAGA) SETTLEMENTS
The Court encourages bifurcation motions to be filed well in advance of trial.
The Court encourages bifurcation motions to be filed well in advance of trial so the Court and parties can properly prepare for each phase of trial.
Page 10 | TRIAL PROCEDURES - Required Pretrial Filings
Service and Proof of Service Rules
At the Initial Status Conference, the Court will order the parties to engage an e-service provider to serve all documents (preferably Case Anywhere) and utilize the bulletin board function to communicate with the Court. Self- represented litigants are not required to engage an e-service provider but are still encouraged to do so.
At the Initial Status Conference, the Court will order the parties to engage an e-service provider to serve all documents (preferably Case Anywhere) and utilize the bulletin board function to communicate with the Court. Self- represented litigants are not required to engage an e-service provider but are still encouraged to do so.
Page 4 | GENERAL INFORMATION
Posting documents on the e-service provider does not replace filing; documents that require filing, such as motion papers, must be filed with the Court and separately served via the selected e-service provider.
Posting on an e-service provider is not a substitute for filing documents with the Court. All documents that require filing with the Court, such as motion papers, must be filed with the Court and separately served via the selected e-service provider.
Page 4 | GENERAL INFORMATION
The plaintiff is responsible for serving the ISC and Minute Orders scheduling the Initial Status Conference as set forth in the ISC Order.
It is the plaintiff's responsibility to serve the ISC and Minute Orders scheduling the ISC as set forth in the ISC Order itself.
Page 7 | COMPLEX CASE MANAGEMENT
A plaintiff dismissing a pending PAGA action must serve the dismissal request, supporting declarations, complaint, predicate LWDA letter, and settlement release portions on the LWDA at or around the time of filing, with proof of service filed with the Court.
Consistent with this goal, the Court concludes that a plaintiff seeking to dismiss a pending PAGA action must, at a minimum, serve on the California Labor and Workforce Development Agency (LWDA) the request for dismissal of the PAGA action and supporting declarations, a copy of the complaint that alleges the PAGA claims to be dismissed, a copy of the predicate letter that was sent to the LWDA seeking an investigation of the claims before the lawsuit was filed, and a copy of the portion of any settlement agreement that includes releases applicable to Plaintiff and/or to the PAGA claims. These documents must be served on the LWDA at or around the time the request for dismissal of PAGA claims is filed with the Court, with proof of service filed with the Court.
Page 8 | Requests for Dismissal of Class Claims and PAGA Actions
Motions in limine and bifurcation motions must be served with proper statutory notice.
MOTIONS IN LIMINE AND BIFURCATION MOTIONS must be filed and served with proper statutory notice and set for hearing on the FSC date. LASC Rule 3.25 (f)(2).
Page 10 | TRIAL PROCEDURES - Required Pretrial Filings
Ex parte applications and all supporting documents must be served before 10:00 a.m. on the court day before the hearing.
Ex parte applications and all documents in support thereof must be served and filed before 10:00 a.m. on the court day before the hearing. (See First Amended General Order dated May 3, 2019, subd. (8); Local Rule 3.4(f).)
Page 10 | EX PARTE APPLICATIONS
Written opposition to an ex parte application must be served before 8:30 a.m. on the day of the hearing.
Any written opposition to an ex parte application must be filed and served before 8:30 a.m. on the day of the hearing. (Ibid.)
Page 10 | EX PARTE APPLICATIONS
Trial briefs must be served on all parties.
The briefs must be signed, filed with the Court and served on all parties.
Page 11 | TRIAL PROCEDURES
Proposed jury questionnaires must be filed with the Court and served on all parties.
Proposed jury questionnaires shall be filed with the Court and served on all parties.
Page 13 | Trial Rules
Filing Fees and Waivers
An Initial Status Conference Order is issued soon after the filing of the case which provides among other things that all defendants should timely file a Notice of Appearance and pay all fees connected with a first paper filing.
An Initial Status Conference Order is issued soon after the filing of the case which provides among other things that all defendants should timely file a Notice of Appearance and pay all fees connected with a first paper filing.
Page 7 | COMPLEX CASE MANAGEMENT
Courtesy Copy Requirements
For trial, parties should prepare one additional copy of the exhibit binder(s) for the Court and one for the witness stand, plus copies for themselves.
For the trial itself, one additional copy of the binder or binders should be prepared for the Court and another for the witness stand. Counsel should make copies for themselves as well.
Page 11 | TRIAL PROCEDURES
A tabbed trial binder for the Court should be prepared containing all items in this section (except deposition designations and transcripts), the operative pleadings, and important court orders.
TRIAL BINDER FOR COURT. A tabbed binder should be prepared for the Court containing all the items referred to in this section (except the deposition designations and transcripts), as well as the operative pleadings and any important Court orders issued during the course of the litigation.
Page 12 | TRIAL PROCEDURES
Paper courtesy copies of electronically filed documents are not required unless extraordinary circumstances (e.g., time constraints or in camera review) or legal requirements (e.g., provisional sealing) apply.
Parties need not deliver paper courtesy copies of electronically filed documents, unless extraordinary circumstances such as time constraints or a need for in camera review are present, or where the law requires it (e.g. filing documents provisionally under seal).
Page 4 | GENERAL INFORMATION
Sealing & Redaction Procedures
The Court generally will not rule on a CRC 3.770 dismissal request until presented with a fully executed unredacted settlement agreement, which may be filed conditionally under seal with an application for a sealing order under CRC 2.500.
For this reason, in many cases, the Court will not rule on a request for dismissal under CRC 3.770 until it is presented with a fully executed unredacted version of the parties' settlement agreement, which may be filed conditionally under seal along with an application for a sealing order under CRC 2.500.
Page 8 | Requests for Dismissal of Class Claims and PAGA Actions
Parties must strictly comply with California Rules of Court 2.550 and 2.551 when filing under seal and should seal only when absolutely necessary because the Court must make specific findings for each part of every sealed document.
All parties must strictly comply with Rules of Court, Rules 2.550 and 2.551 when submitting documents to be filed under seal. Because there is a public right of access to court records, the Court must make specific findings as to each part of every document that a party wishes to file under seal. Parties should therefore use the sealing process only when absolutely necessary.
Page 9 | Filings and Lodgments Under Seal
A private interest in sealing must generally involve more than a confidentiality agreement between the parties to outweigh the public interest in open court files.
In the Court's view, the private interest for sealing a document must generally involve something more than a confidentiality agreement between the parties to outweigh the public interest in open court files.
Page 8 | Requests for Dismissal of Class Claims and PAGA Actions
Filing Bundling Requirements
All motions in limine and oppositions must be combined into a single joint binder, tabbed with each motion, supporting declarations/exhibits, and proposed order, followed by the respective opposition with supporting evidence.
JOINT MOTION IN LIMINE BINDER containing all motions in limine and oppositions thereto, tabbed with each motion, supporting declarations/exhibits, and a proposed order, followed by the respective opposition with supporting evidence.
Page 11 | TRIAL PROCEDURES
Proposed jury questionnaires and all competing versions must be included in the Trial Binder.
If any party seeks to use a jury questionnaire, its proposed questionnaire and all competing versions advanced by other parties must be included in the Trial Binder.
Page 13 | Trial Rules
Stipulations as to undisputed facts should be reduced to writing, filed with the Court, and included in the Trial Binder if reached before trial.
Such stipulations should be reduced to writing and filed with the Court. They should also be included in the Trial Binder, if reached before trial.
Page 13 | Trial Rules
Pre-Motion Conference Requirements
The Court requires an informal discovery conference before a hearing on a pending motion to compel, and before filing a discovery motion if the parties agree.
The Court strongly encourages the resolution of discovery disputes without motion practice and requires informal discovery conferences before a hearing on a pending motion to compel or, if agreed to by the parties, before the filing of a discovery motion.
Page 9 | DISCOVERY DISPUTES AND DISCOVERY MOTIONS
After a motion to compel is filed on an unresolved dispute, counsel must contact court staff to arrange a video IDC with Judge Traber before the hearing.
If the dispute remains unresolved and a motion to compel has been filed, counsel must contact the court staff to arrange an informal, video discovery conference (IDC) between counsel and Judge Traber before the hearing on the motion.
Page 9 | DISCOVERY DISPUTES AND DISCOVERY MOTIONS
Before scheduling an IDC, parties to a discovery dispute must confer person-to-person in real time by phone, videoconference, or in person.
Parties to a discovery dispute are therefore required to confer person-to-person in real time, either by phone, videoconference, or in person before scheduling an informal discovery conference.
Page 10 | DISCOVERY DISPUTES AND DISCOVERY MOTIONS
Trial counsel must hold a real-time meeting well before the final status conference regarding submission of joint trial readiness documents.
The Court requires a real-time meeting of trial counsel well before the final status conference concerning the submission of joint trial readiness documents. See LASC Rule 3.25 (g).
Page 10 | TRIAL PROCEDURES - Final Status Conference
Attorneys conducting the discovery conference must be familiar with the discovery at issue and have authority to make and accept proposals and stipulations.
The attorneys conducting the conference must be familiar with the discovery at issue and have the authority to make and accept proposals and appropriate stipulations to resolve the dispute.
Page 10 | DISCOVERY DISPUTES AND DISCOVERY MOTIONS
The Court may hold an informal conference to resolve pleadings disputes without motion practice; when held, attending attorneys must be familiar with the pleadings and have authority to make and accept proposals and stipulations, though conferences are not required in every instance.
In cases where the parties disagree over the specificity or factual sufficiency of the pleadings, the Court often finds it helpful to conduct an informal conference to discuss these issues. The purpose of the conference is to assist the parties in reaching an agreement on whether and how the pleadings are to be revised without having to engage in motion practice. The attorneys attending the pleadings conference must be familiar with the pleadings and have the authority to make and accept proposals and appropriate stipulations to resolve the dispute. The Court recognizes that not all pleadings disputes are amenable to this procedure and does not require pleadings conferences in every instance.
Page 9 | Pleadings Challenges; Informal Pleading Conferences May Be Required
Counsel should meet and confer in person to resolve or at least narrow a dispute before filing a discovery motion.
Before filing a discovery motion, counsel should meet and confer in person to resolve or at least narrow the dispute.
Page 9 | DISCOVERY DISPUTES AND DISCOVERY MOTIONS
Parties may optionally agree to schedule an IDC before any discovery motion is filed, which most often eliminates the need for full briefing and hearing.
In the alternative, the parties may agree to schedule an IDC before any discovery motion is filed to eliminate the time and expense of drafting a formal motion. That discussion most often eliminates any need for full briefing and hearing of a motion.
Page 9 | DISCOVERY DISPUTES AND DISCOVERY MOTIONS
Adjournment & Extension Requirements
Agreed continuances should be requested via bulletin board post or stipulation and proposed order, unresolved continuances may be sought by ex parte or noticed motion, and requests should be made as soon as practicable.
Requests For Continuances: Similarly, requests for continuance when agreed to by all parties should be made using the bulletin board, or by stipulation and proposed order. If the parties cannot reach agreement concerning a continuance after good faith discussion and with due regard to professional courtesy, the continuance may be sought by ex parte or noticed motion. Parties should request a continuance as soon as practicable so the Court may utilize that motion slot for another case.
Page 9 | Requests For Continuances
Parties are expected to stipulate to extend motion filing deadlines while the IDC is pending.
Parties are expected to stipulate to extend motion filing deadlines pending completion of the IDC.
Page 10 | DISCOVERY DISPUTES AND DISCOVERY MOTIONS
Ex parte applications can often be avoided by meeting and conferring or posting on the bulletin board; an unopposed extension request supported by a bulletin board post showing good cause will likely be approved.
Ex parte applications can often be avoided by meeting and conferring or utilizing the bulletin board. For example, an unopposed request to extend the deadline for filing a motion for class certification will likely be approved upon a bulletin board post setting forth good cause.
Page 10 | EX PARTE APPLICATIONS
Chambers Communication Rules
Department 1 does not use the Court Reservation System; attorneys should contact court staff to reserve a motion hearing date (court open 8:30 a.m.-12:00 p.m. and 1:30-4:30 p.m. daily).
The Court is open 8:30 a.m. to 12:00 p.m. and 1:30 p.m. to 4:30 p.m. daily. Department 1 does not use the Court Reservation System (CRS). To set a matter for hearing, attorneys should contact the court staff to reserve a date for their motion.
Page 8 | Setting Matters for Hearing
When a motion will not go forward as calendared, the parties should immediately call the Court and post on the bulletin board.
Procedure For Taking Matters Off Calendar: Whenever a motion will not go forward as calendared, the parties should immediately call the Court by and post on the bulletin board.
Page 9 | Procedure For Taking Matters Off Calendar
Class action/PAGA settlement approval motion hearing dates are obtained by calling the Judicial Assistant once the motion is ready to file.
Hearing dates for approval motions will be assigned by calling the Judicial Assistant when the motion is ready to file.
Page 6 | CLASS ACTION AND PRIVATE ATTORNEY GENERAL ACT (PAGA) SETTLEMENTS
Parties should call the courtroom or post on the bulletin board to obtain available IDC dates.
Parties should call the courtroom or post on the bulletin board to obtain available dates.
Page 10 | DISCOVERY DISPUTES AND DISCOVERY MOTIONS
Junior Lawyer Participation Incentives
Two attorneys per party may participate in court proceedings and divide tasks and arguments, with a more experienced attorney permitted to back up another attorney (Local Rule 3.93); no experience-year threshold is specified in the text.
The Court allows and encourages counsel to have two attorneys participate in court proceedings. Attorneys representing a party may divide tasks and arguments as they see fit, and a more experienced attorney may “back up” another attorney as appropriate. See Local Rule 3.93.
Page 5 | GENERAL INFORMATION - Promoting Attorney Development and Diversity