(e) Procedures at Time of Filing. The following procedures shall be followed when a civil case is filed, unless a special procedure applies or otherwise directed by the court.
Assignment and Reassignment of Judge.
(A) Cases that are assigned to a judge. All civil cases shall be assigned to a trial judge, unless these rules provide otherwise. The County Clerk will assign the case by random selection to a judge in the trial department, who will hear and decide all issues in the case unless the assigned judge or the court’s presiding judge directs otherwise. The case will be reassigned if the assigned judge recuses, is disqualified from hearing the case, or is no longer assigned to the trial department. The court will not individually notify parties when a case is reassigned because a judge is no longer assigned to the trial department. The court will instead make public notices about such reassignments.
(B) Cases that are not assigned to a judge. The clerk will not assign a judge for the following types of cases:
(i) Unlawful detainer cases;
(ii) Tax warrants; and
(iii) Foreign subpoenas.
A party may file a motion to ask for a judge assignment for these cases. The court may also direct the clerk to issue a judge assignment on its own motion.
(2) Assignment of Trial Setting Date. The County Clerk shall assign a trial setting date to all civil cases subject to this rule, unless it is the following type of case:
(A) Unlawful detainer cases;
(B) Tax warrants;
(C) Transcripts of judgments;
(E) Abstracts of judgments or filing of a judgment from another jurisdiction;
(F) Public Records Act Cases. The County Clerk shall assign a trial setting date and follow the expedited scheduling procedure for Public Records Act cases under LCR 16, “Pretrial Procedure and Motions;”
(G) Notice for Ballot Title Appeals. The County Clerk shall identify ballot title appeals when they are filed, and shall issue a court-approved “notice of assignment and notice of ballot title appeal deadlines” form for those cases in accordance with the procedures in section (e)(3) below; or
(H) Notice for Appeals under Rules of Appeal of Decisions of Courts of Limited Jurisdiction (RALJ). The clerk shall identify RALJ appeals when they are filed and shall issue a court-approved “notice of assignment for RALJ appeals” form for those cases in accordance with the procedures in LCR 3(e)(3) below.
(3) Notice of Assignment and Notice of Trial Setting. The County Clerk will prepare and file a notice of assignment in accordance with these rules and court policy, on a form that the court approves. The clerk will provide one copy to the plaintiff or petitioner. The plaintiff or petitioner must serve a copy of this notice of assignment and a blank scheduling questionnaire on all defendants and respondents in accordance with LCR 40. The notice of assignment and notice of trial settingwill designate the case title and cause number, the date of filing, the judge to whom the case is assigned, and the date for the trial setting.
[Adopted effective September 1, 2010; amended effective September 1, 2011, September 1, 2013, September 1, 2014, September 1, 2017, January 1, 2018; September 1, 2018.]