Judge Kevin C. Lee
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Joint Witness List
- 2 copies
Civil Unlimited Complaint
Court-wide- 1 copy
Adjournments
Court-wideRequest must include
Communication
Phone
Phone
Court-wideClerk
Phone
Court-widePage & Word Limits1 rule
Joint briefs are not to exceed 5 pages, and individual briefs are not to exceed 3 pages.
- Joint brief
- Up to 5 pages
- Individual brief
- Up to 3 pages
Document Format Requirements6 rules
Motions in limine shall comply with Local Rule 415.
- Motions in limine
Formatting
- •Comply with Local Rule 415
Exhibits shall be placed in 3-ring binders with one copy for the Court and one for the witnesses.
- Binding
- Three-ring binder
- Exhibits
Exhibits shall be pre-marked in nwnerical order and if multiple pages, bate stamped at the bottom of each page.
- Exhibits
Formatting
- •Pre-mark exhibits in numerical order
- •Bates-stamp the bottom of each page when an exhibit has multiple pages
At the Trial Readiness Conference, parties must bring a three-ring binder containing, where applicable, the table of contents, trial brief, operative pleadings, joint exhibit list, and joint witness list in the stated order; the witness list must identify each witness, provide a brief description, and estimate testimony time.
- Binding
- Three-ring binder
- Joint trial binder
Court's wording
On the date of the TRC, parties are to bring a three-ring binder with Joint documents that contain the following (if applicable) in the order listed below: 1. Table of Contents 2. Trial Brief 3. Printed Copies of the current operative pleadings (including complaint; answer; cross-complaint; if any, an answer to the cross complaint.) 4. Joint Exhibit List Provide the clerk with a valid email address; the clerk will then email parties an excel sheet to be completed by Counsel listing the joint exhibits. The list is to be emailed back to the clerk by day one of trial. 5. Joint Witness List listing the name, brief description, and the time estimate for each witness.
Parties shall meet and confer and present this binder on the first day of trial. Two (2) copies of this binder need to be created, one for the Court and one for the Clerk. All exhibits must be pre-marked and bate stamped with exhibit tags.
- Exhibits
Formatting
- •All exhibits must be premarked and Bates-stamped with exhibit tags
Any transcripts retained from deposition need to be properly labeled and a copy needs to be created for the Court to review if any deposition testimony will be used during trial.
Document Filing Requirements44 rules
Mandatory Settlement Conference Statements are to be submitted directly in S26 three court days prior to the scheduled MSC.
a. Joint witness list
c. Joint Statement of the Case
d. Plaintiffs Jury Instructions/Special Verdict
b. Joint exhibit list
Plaintiff shall submit, in compliance with CRC Rule 2.1055, a complete set ofjury instructions with an itemized list of the CACI Instructions and Special Instructions.
Exhibits must be marked and reviewed by all counsel before testimony starts.
f. Motions in Limine
e. Trial briefs
Requesting party must also file a "Notice of Hearing" with the Court via "E-file", at least 7 Court Days prior to the meeting which should include the hearing information, briefing instructions, and zoom meeting information along with a proof of service.
- Document
- Notice of hearing
Must include
- •Certificate of service
Failure to file the "Notice of Hearing" and the briefs will result for the "IDC" to be vacated.
Parties are instructed to file an "IDC Brief' via "E-file", with a summary of the discovery issue at least 7 Court days prior to the "IDC".
The motion must include a case summary covering the claims, their legal and factual basis, discovery, counsel’s merits investigation, anticipated trial recovery, and impediments to recovery.
Court's wording
5. A summary of the case, including the causes of action, the legal and factual basis for the claims, the discovery conducted to date, counsel’s investigation of the merits of the claims, the anticipated recovery if the case were to proceed to trial, and counsel’s assessment of any impediments to such recovery.
Counsel must submit a declaration explaining the settlement negotiations, arms-length negotiation, mediator use, discovery conducted and its type, and the fairness, adequacy, and reasonableness of the settlement.
Court's wording
3. A declaration by counsel addressing how the settlement was reached, that the settlement was negotiated at arms-length, whether a mediator was used in reaching the settlement terms, whether discovery (formal or informal) was conducted, the type of discovery (formal or informal) conducted, and why the settlement is fair, adequate, and reasonable for the class.
The motion must define the settlement’s gross amount, all deductions, whether amounts are exact or subject to a “not to exceed” amount, and the net settlement amount.
Court's wording
1. The defining of the key financial terms of the settlement, including the gross settlement amount, each deduction from the gross amount (attorney fees, litigation costs, settlement administrator fees, incentive fees, and all other deductions), whether exact or in a “not to exceed” amount, and the net settlement amount.
2. A copy of the Settlement Agreement signed by all parties (not just counsel).
The motion must define the class and aggrieved employees, class and PAGA periods, any limitations-period excess and its justification, estimated class size, and the number of payment periods when distribution is periodic.
Court's wording
4. The definition of the class and aggrieved employees, the class and PAGA periods and whether they exceed the statute of limitation period(s), and if yes, then why, the estimated number of class members and aggrieved employees, and if settlements shares are to be paid on a “weeks worked” or other periodic basis, the number of such periods.
The motion must include the proposed class notice and explain notice procedures; it must identify any non-English language and, for English-only notice, provide a reasonable or justifiable reason other than cost.
Court's wording
15. A copy of the proposed written class notice, and its discussion of the procedures to be used for providing notice to the class, including if the class notice will be provided in any language other than English (e.g., Spanish), and, if not, the reasonable/justifiable reason why the class notice is only being provided in English (and the court will not accept cost as a reasonable excuse).
The motion must state the proposed class-counsel fee award, explain its appropriateness, and identify whether fees and costs are paid by defendants or from settlement proceeds.
Court's wording
9. The proposed fee award to class counsel, including an analysis why the fee is appropriate, and whether the attorney fee and costs will be paid directly by defendants as part of the settlement, or whether the fee award and costs will be paid out of the settlement proceeds.
If the class is not certified, counsel must submit findings supporting settlement certification, class counsel’s experience, and each representative’s services, participation, and lack of conflict.
Court's wording
10. If the class is not already certified, then a declaration by counsel addressing the necessary findings for settlement class certification, i.e., the settlement class is sufficiently numerous and ascertainable, the plaintiff’s claims are typical with the class, and common questions predominate. Also, a declaration by class counsel addressing the lawyer’s knowledge and experience handling class actions and related complex litigation. Lastly, a declaration from each class representative stating what the representative did as services to the class and participation in the litigation, and his/her lack of conflict with any putative class members.
11. What claims are being settled, including any claims which are not specifically alleged in the class action complaint, and the scope of the release provisions which will bind the class members and the defendants.
The motion must address related cases in other jurisdictions and their effect on this settlement; counsel must conduct a diligent and reasonable California-wide search and may not submit a declaration merely stating that counsel is unaware of other matters.
Court's wording
14. If there are related cases pending in other jurisdictions, what effect, if any, this settlement will have on the other actions. The Court will not grant preliminary or final approval without this information. The Court will not accept any declaration that states counsel “is unaware” of any other matters. Counsel must perform a diligent and reasonable search to determine if other matters exist throughout California.
16. Whether the class notice will be served by first-class mail, e-mail, publication, or other method, including an explanation why the chosen method is the best means available to reach the greatest number of class members.
17. Proof of Service of the Notice of Settlement to the LWDA and the initial LWDA letter must both be attached to a declaration or the motion.
- Document
- Declaration
Must include
- •Certificate of service
20. If a claim form is being used, a copy of the proposed claim form, and a discussion of procedures for sending, receiving, and processing claims.
21. A proposed order granting preliminary approval of the class settlement which includes: b. Findings that the settlement is fair, adequate, and reasonable, and in the best interests of the absent class members.
21. A proposed order granting preliminary approval of the class settlement which includes: c. Finding the Class is provisionally certified (if not previously certified).
The proposed order must provide that the court retain jurisdiction under CCP 664.6 to enforce the settlement.
Court's wording
21. A proposed order granting preliminary approval of the class settlement which includes: f. That the court retain jurisdiction pursuant to CCP 664.6 to enforce the settlement.
21. A proposed order granting preliminary approval of the class settlement which includes:
- Document
- Motion for preliminary approval
Include
- •Proposed order
The class notice must inform the class about the claims, settlement terms, release, distribution, requested fees and expenses, representative incentive award, objection rights and requirements, final approval hearing, and opt-out rights and procedures.
Court's wording
18. Whether the class notice adequately informs the class about the claims, the terms of the settlement, the release of claims, their anticipated distribution, the amount of fees and expenses being requested by class counsel, the amount of any incentive award to the class representatives, the opportunity to object and the requirements for objections, the date and place of the final approval hearing, and any opportunity to opt-out of the settlement and the procedure for requesting exclusion.
The proposed order must set the final-approval briefing schedule and hearing date, require supplemental declarations verifying proper service and objection handling, set a response schedule, and provide for declarations and briefs supporting the requested fee award.
Court's wording
21. A proposed order granting preliminary approval of the class settlement which includes: g. A briefing schedule and hearing date for final approval of settlement, including a filing of supplemental declarations by counsel and third-party administrators verifying proper service of class notice, and receipt of filing of written objections, and setting a schedule for any written response to objections, and submission for declarations and briefs in support of the requested fee award.
21. A proposed order granting preliminary approval of the class settlement which includes: e. The procedures and schedule for any objections, requests for exclusion, or claims submission by class members.
The proposed order must attach and incorporate by reference the Settlement Agreement, Class Notice, and Claim Form if used.
Court's wording
21. A proposed order granting preliminary approval of the class settlement which includes: a. A copy of the Settlement Agreement, Class Notice, and Claim Form (if being used) attached as exhibits and incorporated by reference.
4. Joint Exhibit List Provide the clerk with a valid email address; the clerk will then email parties an excel sheet to be completed by Counsel listing the joint exhibits. The list is to be emailed back to the clerk by day one of trial.
They should include any additional instructions not previously submitted by Plaintiff and a list of objections to Plaintiffs instructions.
This brief shall include a list of the specific discovery requests in dispute.
Failure to obey this Order may result in Sanctions for the offending party pursuant to CCP 177.5.
6. Whether the settlement amount is dependent upon the number and amount of claims made by class members, with the remainder reverting to defendants.
The motion must state estimated highest, lowest, and average individual recoveries and, for Wage & Hour and PAGA cases, the total work weeks or pay periods and estimated recovery per period.
Court's wording
8. The estimated highest, lowest, and average amount that class members and aggrieved employees will receive as their share of the settlement distribution. In class actions alleging Labor Code violations (“Wage & Hour Cases”) and PAGA, the total number of work weeks (or pay periods) and the estimated amount each class member and aggrieved employees will receive per work week (or pay period).
7. Whether the settlement provides for a cy pres distribution of excess funds and, if so, a declaration demonstrating the propriety of the cy pres recipient and distribution under Code of Civil Procedure section 384.
12. Any affirmative duties or obligations that the proposed settlement places upon class members.
In Wage and Hour cases, the motion must state the wage percentage of the net settlement, whether employer payroll taxes will be paid separately, and any deduction from the gross settlement amount.
Court's wording
13. In Wage and Hour Cases, the percentage of the net settlement that is characterized as wages for income tax purposes, and whether the defendant will be paying employer-side payroll taxes on the wages portion separately from the gross settlement amount. If the employer-side payroll taxes are deducted from the gross settlement amount, the estimated amount of the deduction.
21. A proposed order granting preliminary approval of the class settlement which includes: d. Approval of any third-party administrator.
19. Whether class notice and receipt of any objections or opt-outs will be handled by anyone other than the third-party administrator.
Filing & Service rules
Electronic Filing Rules
The IDC brief must be filed electronically.
Parties are instructed to file an "IDC Brief' via "E-file", with a summary of the discovery issue at least 7 Court days prior to the "IDC".
Civil cases
Page 1 | THE COURT ORDERS THE FOLLOWING:
The Notice of Hearing must be filed electronically at least seven court days before the conference.
Requesting party must also file a "Notice of Hearing" with the Court via "E-file", at least 7 Court Days prior to the meeting
Civil cases
Page 1 | THE COURT ORDERS THE FOLLOWING:
Filing Timing and Cure Windows
The enumerated trial documents must be filed at least five court days before trial.
The following documents are filed at least 5 Court Days prior to the trial:
Civil cases
Page 1 | TRIAL DOCUMENTS
The mandatory Settlement Conference Statement is due in S26 three court days before the scheduled conference.
Mandatory Settlement Conference Statements are to be submitted directly in S26 three court days prior to the scheduled MSC.
Civil cases
Page 1 | COURTROOM RULES, TRIAL ORDERS, and SUA SPONTE RULINGS
Defendant's jury instructions are due on the first day of trial.
Defendant's jury instructions are due on the first day of trial.
Civil cases
Page 2 | JURY INSTRUCTIONS
The Notice of Hearing filing deadline is at least seven court days before the conference.
Requesting party must also file a "Notice of Hearing" with the Court via "E-file", at least 7 Court Days prior to the meeting
Civil cases
Page 1 | THE COURT ORDERS THE FOLLOWING:
The IDC brief must be filed at least seven court days before the conference.
Parties are instructed to file an "IDC Brief' via "E-file", with a summary of the discovery issue at least 7 Court days prior to the "IDC".
Civil cases
Page 1 | THE COURT ORDERS THE FOLLOWING:
Service and Proof of Service Rules
Counsel must advise witnesses of applicable witness rules and the Court's motions-in-limine rulings.
Counsel are required to advise the witnesses of any rules pertaining to them and of the Court's rulings on motions in limine.
Civil cases
Page 2 | MOTIONS IN LIMINE
A witness generally may not be called without notice to all parties for the witness's intended testimony date, unless the Court approves in exceptional circumstances.
No witness may be called unless notice has been given to all parties on the date when the witness will testify absent court approval in exceptional circumstances.
Civil cases
Page 2 | COURTROOM RULES, TRIAL ORDERS, and SUA SPONTE RULINGS
Witness notice must be given no later than the end of the court day preceding the court day before the witness's testimony date.
Such notice shall be given no later than at the end of the court day preceding the court day before the witness is to testify. (e.g. Thursday session for next court session on fo11owing Monday).
Civil cases
Page 2 | COURTROOM RULES, TRIAL ORDERS, and SUA SPONTE RULINGS
All PowerPoint slides used in opening or closing must be shared with the opposing side.
All PowerPoint slides used in opening or closing must be shared with the opposing side.
Civil cases
Page 2 | COURTROOM RULES, TRIAL ORDERS, and SUA SPONTE RULINGS
A party receiving the standing trial order must notify an absent party and provide a copy of the order.
If one party is not present when the order is distributed, the party receiving the order shall give notice of this order and provide a copy.
Civil cases
Page 1 | Opening provisions
Courtesy Copy Requirements
Two courtesy copies of the Joint Witness List must be provided to the clerk.
Two (2) courtesy copies of the Joint Witness List shall be provided to the Clerk.
Civil cases
Page 1 | I. JOINT TRIAL BINDER
Pre-Motion Conference Requirements
Scheduling an Informal Discovery Conference stays the deadline for filing discovery motions in complex civil matters.
Scheduling an IDC stays the deadline for filing discovery motions in complex matters.
Civil cases
Page 1 | COURTROOM RULES, TRIAL ORDERS, and SUA SPONTE RULINGS
An informal discovery conference is offered before any party files a discovery motion.
Prior to any party filing any discovery motion in this action, the Court offers Informal discovery conferences (herein after IDC).
Civil cases
Page 1 | THE COURT ORDERS THE FOLLOWING:
The joint trial binder must include a joint list of issues and motions in limine with oppositions and replies arranged in order; counsel must meet and confer in good faith before filing and serving motions in limine and comply with Local Rule 415.
6. Joint list of the issues 7. Motions in Limine and Oppositions in order Type of motion followed by any opposition and replies. Counsel is instructed to meet and confer in good faith before filing and serving the Motions in Limine. Counsel shall comply with Local Rule 415.
Civil cases
Page 2 | I. JOINT TRIAL BINDER
Parties in unlimited civil matters are encouraged, but not required, to stipulate to a stay.
Parties in unlimited civil matters are encouraged to stipulate to a stay.
Civil cases
Page 1 | COURTROOM RULES, TRIAL ORDERS, and SUA SPONTE RULINGS
Informal Discovery Conferences are offered but are not required before the Court hears discovery motions.
Informal Discovery Conference ("IDC") are offered, however they are not required to be held prior to the Court hearing discovery motions.
Civil cases
Page 1 | COURTROOM RULES, TRIAL ORDERS, and SUA SPONTE RULINGS
The informal discovery conference will be held by video conference using Zoom.
This meeting will be held by video conference via zoom.
Civil cases
Page 1 | THE COURT ORDERS THE FOLLOWING:
Chambers Communication Rules
Parties may contact the Judicial Assistant at 909-521-3519 for information about discovery conferences.
Please refer to the "Discovery Conference Order" posted online and/or Contact the Judicial Assistant at 909-521-3519 for more information.
Civil cases
Page 1 | COURTROOM RULES, TRIAL ORDERS, and SUA SPONTE RULINGS