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Judge Hurwitz’s Answers to Questions Posed to Him During a May 2020 Webinar on the State of the Family Court

The following are Supervising Judge Hurwitz’s answers to questions posed to him during May 2020 Webinar on the state of the family court.

Judge Hurwitz directed these answers to Chair of the Family Law Section, Danny Monarch, to provide to the members of the bar.

Danny:

Below please find the Responses to the Bar Questions which were posed on the Chat function during the Webinar.

How do we handle multiple status hearings set at the same time?

Contact opposition and advise of the issue to see if they have same problem; see if they wish to trail or continue. Then contact each Court and advise of the problem and see if multiple settings can be coordinated or if some may need to be continued.

Not on OCBA ListServe. How do I get access to questions/answers re Family Law updates?

You’ll have to contact the Bar for that.

Will the Court use CCP 187 and CRC 5.2(g) to draft new interim procedures to adjudicate cases or will it wait for Judicial Council guidance?

The Judicial Council issued its Emergency Order No. 3 effective 4/6/20 which stated, in relevant part:

(a) Notwithstanding any other law, in order to protect the health and safety of the public, including court users,…
courts must conduct judicial proceedings and court operations as follows:

a. Courts may require that judicial proceedings and court operations be conducted remotely…

b. Conducting proceedings remotely includes, but is not limited to, the use of video, audio, and telephonic means for remote appearances; the electronic exchange and authentication of documentary evidence; e-filing and e-service; the use of remote interpreting; and the use of remote reporting and electronic recording to make an official record of an action or proceeding.

(b) Sunset

a. This rule will remain in effect until 90 days after the Governor declares that the state of emergency related to the Covid-19 pandemic is lifted, or until amended or repealed by the Judicial Council

Judge Nakamura issued Administrative Order No 20/15 on 5/12/20, based upon the discretion given to him, as the PJ, under Judicial Council Emergency Order No. 3, at section (a), cited above.

That IS the interim order until, by the terms of Administrative Order No. 20/15, at section 10, it is vacated by the PJ or the PJ issues a further administrative order.

Default Prove-Up Hearings.

The Default Prove-Up Calendars for 6/5 and 6/12 are being continued to early July. First Default Prove-Up Calendar will be on 6/19 with the cases already set for that date.

Who’s in L61?

TJ’s and occasionally one of the Judges from the outlying Courts.

Is there a time estimate for when a matter is deemed less than 2 hrs and going forward with the Assigned Judicial Officer or deemed Long Cause and going to Melzer?

No, because a case could fit into neither category; i.e.: can’t be done in 2 hrs and isn’t selected for the Long Cause Calendar, and simply because you don’t hear tomorrow doesn’t mean you won’t hear next week or next month. Additionally, each Judicial Officer is working through his/her backlog independently, so one Court may be on one timetable and another Court may be on a different timetable; they may be taking different case types at different times, etc.

For an Ex Parte or DV App do we file online?

Yes, or use the Dropbox in front of LJC.

Any concern about weak bandwidth?

No.

What about retroactivity for new/initial RFO’s?

All new submissions are being filed. Retroactivity for these will be based on Statute.

Access to subpoenaed records to Court-how can that be reviewed?

Being discussed.

Should Ex Partes be filed in the Courtroom or e-filed?

E-Filing preferred; can be dropped off at Drop Box at LJC.

How can a hostile witness be subpoenaed to a virtual hearing?

Currently awaiting guidance on issuing subpoena to such a witness with language commanding witness to “appear” by telephoning Courtroom on a specific date at a specific time.

Then Judicial Officer can order the subpoenaed witness to access the Remote Hearing platform being used, or issue whatever other order might be necessary to obtain the testimony of such Witness. Further guidance will be issued to the Bar.

Can Judgments now be E-Filed?

No. Drop Box.

How do we view Paternity file after approval of the Application to review?

Submit request to review to tthomas@occourts.org.

Once Paternity file access is approved, can we request copy of the file instead of going to Court to review?

Remote Portal to access is in the works. For now, submit request to tthomas@occourts.org.

For Judgment prove-ups, should the Judgment packet be submitted by e-mail, U.S. mail to the Department?

U.S. Mail or Drop Box.

How is Registration of Out of State Orders being handled?

They are being processed and registered.

What if you need more than 15 Exhibits?

Up to each individual Judicial Officer.

How do we do SDT’s for business records with remote hearings?

Under discussion.

If there was a 1 day evidentiary hearing set for June, are we to assume that this will be converted to a Status Conference?

Contact Courtroom or the Clerk’s Hotline (657) 622-8530

Is the Order re Supervised Visitation still in effect? Can the parties Stip around it?

Yes. Probably-contact Judicial Officer assigned to case to see if he/she will approve Stip.

Where are previously subpoenaed docs? How can counsel review them?

In Courtrooms now. Under discussion.

Are parties limited to 15 exhibits for submission to the Sharepoint folder?

Up to each Judicial Officer.

Will MSC’s go forward or are we expected to resolve through VSC?

Up to each individual Judicial Officer.

Any suggestion for a hearing set for 2 days June 8 and 9?

Call Courtroom or (657) 622-8530.

Can I enter LJC to go to 7th Floor to review a file?

No. Contact Teri Thomas at tthomas@occourts.org.

What about mediation? CCI’s?

Protocols from Family Court Services will be posted on the ListServe.

Guidance on TRO’s being continued.

Ex Parte.

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