Los Angeles local civil form — Compliance with Standing Order for Limited Jurisdiction Unlawful Detainer [eviction] Jury Trial Readiness (LASC LACIV 244)

Source: https://lascpubstorage.blob.core.windows.net/forms/Forms%20Comprehensive%20List/LASC%20LACIV%20244.pdf

NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER Reserved for Clerk’s File Stamp

ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

COURTHOUSE ADDRESS:

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

COMPLIANCE WITH STANDING ORDER FOR LIMITED

JURISDICTION UNLAWFUL DETAINER [EVICTION] JURY TRIAL READINESS ☐JOINT ☐ PROPOSED

This form is intended for use only in Unlawful Detainer [Eviction] Jury Trials. The Unlawful Detainer Standing Order requires plaintiffs and defendants to meet and confer and jointly provide, in a three-ring binder with a Table of Contents that includes: Copies of the Current Operative Pleadings (including Operative Complaint and Answer); Joint Statement of the Case; Motions in Limine, if any; Joint Witness List; Joint Exhibit List; Edited Proposed Printed Joint Jury Instructions; and Edited Joint Verdict Forms. If a party fails or refuses to meet and confer, the other party or parties shall prepare and bring to trial the foregoing matters labeled as “[Proposed] Joint Documents.” This form is intended to facilitate Court ordered joint preparation and submission of the required information to the Court; however, the Judge will determine compliance with the Standing Order.

Parties may choose to fill out the appropriate sections of this form to satisfy the requirements of the Standing Order or provide their own information in compliance with the Standing Order.

TO EACH PARTY AND TO THE ATTORNEY OF RECORD FOR EACH PARTY:

1. The following must be completed, referenced by tab dividers to match the table of contents and submitted in a three-ring binder to the Court. This information is necessary for you to proceed to jury trial.

   a. Copies of the Current Operative Pleadings (including operative complaint and answer) b. Joint Statement of the Case c. Motions in Limine (if any) d. Joint Witness List e. Joint Exhibit List f. Edited Printed Joint Proposed Jury Instructions g. Edited Printed Joint Proposed Verdict Form(s)

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SHORT TITLE: CASE NUMBER:

2. JOINT STATEMENT OF THE CASE

   The joint statement of the case is intended to inform the jury about the type of case, introduce the parties and witnesses, and to provide information to proposed jurors that will assist the parties in determining whether a proposed juror is suitable and qualified to be a trial juror.

   ☐ This is the case of . (Print the case name using the full names of the Plaintiff v. Defendant)

   ☐ The plaintiff is/are and ☐ not ☐ present in court.

   ☐ The defendant is/are and ☐ not ☐ present in court.

   ☐ The plaintiff is represented by attorney of the law offices of .

   ☐ The defendant is represented by attorney of the law offices of .

   ☐ This concerns property located at .

   ☐ Plaintiff contends that defendants are no longer entitled to ☐ live ☐ work on their property.

   Defendant contends:

   ☐ see attachment.

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3. JOINT WITNESS LIST

   The alphabetical joint witness list should list witnesses only once, and include all of the witnesses of all parties. The witness list discloses who will be called, what they will testify to, and how long their testimony will take.

   Length of Length of Party Brief Description of Total Name Direct Cross Calling Testimony Time Examination Examination

☐ See attachment

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4. JOINT EXHIBIT LIST The joint exhibit list must include all of the exhibits of all parties. If there are more than five (5) exhibits, the exhibits must be placed in a three-ring binder with a table of contents, numbered appropriately, and three copies made for the Court, Plaintiff, and Defendant. Each photo and each receipt must be separately listed. [See SCLAC Local Rules 3.52 and 3.53] PLAINTIFF

Number Identified Admitted DESCRIPTION

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

☐ See attachment

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SHORT TITLE: CASE NUMBER:

4. JOINT EXHIBIT LIST (continued) The joint exhibit list must include all of the exhibits of all parties. If there are more than five (5) exhibits, the exhibits must be placed in a three-ring binder with a table of contents, numbered appropriately, and three copies made for the Court, Plaintiff, and Defendant. Each photo and each receipt must be separately listed. [See SCLAC Local Rules 3.52 and 3.53]

   DEFENDANT

   Number Identified Admitted DESCRIPTION

   101

   102

   103

   104

   105

   106

   107

   108

   109

   110

   111

   112

   113

   114

   115

   116

   117

   118

   119

   120

   121

   122 ☐See attachment

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5. JOINT LIST OF JURY INSTRUCTIONS

   Before being sent out for trial, the parties must prepare and review a list of proposed jury

   instructions offered jointly and offered by only one side. The attached list of California Civil Jury Instructions (CACI) instructions may be used to determine agreed upon and disputed instructions. This list of jury instructions is designed to assist you in preparation for your jury trial. It is not considered to be a complete list of possible instructions and should not replace your own research in this matter. Please ensure that you review the California Civil Jury Instructions (CACI) to ensure that you provide all the instructions you need for trial.

   IMPORTANT

   You must also provide a PRINTED and edited copy, separated by dividers in the three-ring binder, of agreed and disagreed jury instructions and special jury instructions. Special jury instructions require that party provide a written explanation for the legal basis for that instruction.

   JURY) OBJECTS) PROPOSEDOBJECTS) THE PROPOSED SEPARATELY)(AGREED) INSTRUCTION NUMBER INSTRUCTIONTO

JOINT CACI JURY(READ (PLAINTIFF PLAINTIFF SPECIAL(ATTACHED (DEFENDANT DEFENDANT

PRETRIAL ☐ ☐ ☐ ☐ 100 Preliminary Admonitions ☐ ☐ ☐ ☐ 101 Overview of Trial ☐ ☐ ☐ ☐ 102 Taking Notes During Trial ☐ ☐ ☐ ☐ 103 Multiple Parties ☐ ☐ ☐ ☐ 104 Nonperson Party ☐ ☐ ☐ ☐ 105 Insurance ☐ ☐ ☐ ☐ 106 Evidence ☐ ☐ ☐ ☐ 107 Witnesses ☐ ☐ ☐ ☐ 108 Duty to Abide by Translation Provided in Court ☐ ☐ ☐ ☐ 109 Removal of Claims or Parties ☐ ☐ ☐ ☐ 110 Service Provider for Juror with Disability ☐ ☐ ☐ ☐ 111 Instruction to Alternate Jurors ☐ ☐ ☐ ☐ 112 Questions From Jurors

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JURY) OBJECTS) PROPOSEDOBJECTS) THE PROPOSED SEPARATELY)(AGREED) INSTRUCTION NUMBER INSTRUCTIONTO

JOINT CACI JURY(READ (PLAINTIFF PLAINTIFF SPECIAL(ATTACHED (DEFENDANT DEFENDANT

☐ ☐ ☐ ☐ 113 Bias ☐ ☐ ☐ ☐ 114 Bench Conferences and Conferences in Chambers ☐ ☐ ☐ ☐ 115 “Class Action” Defined (Plaintiff Class) ☐ ☐ ☐ ☐ 116 Why Electronic Communications and Research Are Prohibited EVIDENCE ☐ ☐ ☐ ☐ 200 Obligation to Prove – More Likely True Than Not True ☐ ☐ ☐ ☐ 201 Highly Probable – Clear and Convincing Proof ☐ ☐ ☐ ☐ 202 Direct and Indirect Evidence ☐ ☐ ☐ ☐ 203 Party having Power to Produce Better Evidence ☐ ☐ ☐ ☐ 204 Willful Suppression of Evidence ☐ ☐ ☐ ☐ 205 Failure to Explain or Deny Evidence ☐ ☐ ☐ ☐ 206 Evidence Admitted for Limited Purpose ☐ ☐ ☐ ☐ 207 Evidence Applicable to One Party ☐ ☐ ☐ ☐ 208 Deposition as Substantive Evidence ☐ ☐ ☐ ☐ 209 Use of Interrogatories of a Party ☐ ☐ ☐ ☐ 210 Requests for Admissions ☐ ☐ ☐ ☐ 211 Prior Conviction of a Felony ☐ ☐ ☐ ☐ 212 Statements of a Party Opponents ☐ ☐ ☐ ☐ 213 Adoptive Admissions ☐ ☐ ☐ ☐ 215 Exercise of a Communication Privilege ☐ ☐ ☐ ☐ 216 Exercise of Right Not to Incriminate Oneself (Evid. Code, § 913) ☐ ☐ ☐ ☐ 217 Evidence of Settlement ☐ ☐ ☐ ☐ 218 Statements Made to Physician (Previously Existing Condition) ☐ ☐ ☐ ☐ 219 Expert Witness Testimony ☐ ☐ ☐ ☐ 220 Experts – Questions Containing Assumed Facts ☐ ☐ ☐ ☐ 221 Conflicting Expert Testimony ☐ ☐ ☐ ☐ 222 Evidence of Sliding-Scale Settlement

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JURY) OBJECTS) PROPOSEDOBJECTS) THE PROPOSED SEPARATELY)(AGREED) INSTRUCTION NUMBER INSTRUCTIONTO

JOINT CACI JURY(READ (PLAINTIFF PLAINTIFF SPECIAL(ATTACHED (DEFENDANT DEFENDANT

☐ ☐ ☐ ☐ 223 Opinion Testimony of Lay Witness ☐ ☐ ☐ ☐ 224 Testimony of Child UNLAWFUL DETAINER ☐ ☐ ☐ ☐ 4300 Introductory Instruction ☐ ☐ ☐ ☐ 4301 Expiration of Fixed-Term Tenancy – Essential Factual Elements ☐ ☐ ☐ ☐ 4302 Termination for Failure to Pay Rent – Essential Factual Elements Sufficiency and Service of Notice of Termination for Failure to Pay ☐ ☐ ☐ ☐ 4303 Rent Termination for Violation of Terms of Lease/Agreement – Essential ☐ ☐ ☐ ☐ 4304 Factual Elements Sufficiency and Service of Notice of Termination for Violation of ☐ ☐ ☐ ☐ 4305 Terms of Agreement Termination of Month to Month Tenancy – Essential Factual ☐ ☐ ☐ ☐ 4306 Elements Sufficiency and Service of Notice of Termination of Month-to-Month ☐ ☐ ☐ ☐ 4307 Tenancy Termination for Nuisance or Unlawful Use – Essential Factual ☐ ☐ ☐ ☐ 4308 Elements (Code Civ. Proc., § 1161(4)) Sufficiency and Service of Notice of Termination for Nuisance or ☐ ☐ ☐ ☐ 4309 Unlawful Use

☐ ☐ ☐ ☐ 4320 Affirmative Defense – Implied Warranty of Habitability Affirmative Defense – Retaliatory Eviction – Tenant’s Complaint ☐ ☐ ☐ ☐ 4321 (Civ. Code, § 1942.5) ☐ ☐ ☐ ☐ 4322 Affirmative Defense – Retaliatory Eviction – Engaging in Legally Protected Activity (Civ. Code, § 1942.5(c)) ☐ ☐ ☐ ☐ 4323 Affirmative Defense – Discriminatory Eviction (Unruh Act) ☐ ☐ ☐ ☐ 4324 Affirmative Defense – Waiver by Acceptance of Rent

☐ ☐ ☐ 4325 ☐ Affirmative Defense – Failure to Comply With Rent Control
Ordinance

☐ ☐ ☐ ☐ 4326 Affirmative Defense – Repair and Deduct

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JURY) OBJECTS) PROPOSEDOBJECTS) THE PROPOSED SEPARATELY)(AGREED) INSTRUCTION NUMBER INSTRUCTIONTO

JOINT CACI JURY(READ (PLAINTIFF PLAINTIFF SPECIAL(ATTACHED (DEFENDANT DEFENDANT

☐ ☐ ☐ ☐ 4327 Affirmative Defense – Landlord’s Refusal of Rent

☐ ☐ ☐ ☐ Affirmative Defense – Tenant Was Victim of Domestic Violence, 4328 Sexual Assault, Stalking, or Elder/Dependent Adult Abuse (Code Civ.
Proc., § 1161.3)

☐ ☐ ☐ ☐ 4340 Damages for Reasonable Rental Value ☐ ☐ ☐ ☐ 4341 Statutory Damages on Showing of Malice (Code Civ. Proc., § 1174(b)) CONCLUDING INSTRUCTIONS ☐ ☐ ☐ ☐ 5000 Duties of the Judge and Jury ☐ ☐ ☐ ☐ 5001 Insurance ☐ ☐ ☐ ☐ 5002 Evidence ☐ ☐ ☐ ☐ 5003 Witnesses ☐ ☐ ☐ ☐ 5004 Service Provider for Juror With a Disability ☐ ☐ ☐ ☐ 5005 Multiple Parties ☐ ☐ ☐ ☐ 5006 Nonperson Party ☐ ☐ ☐ ☐ 5007 Removal of Claims or Parties and Remaining Claims and Parties ☐ ☐ ☐ ☐ 5008 Duty to Abide by Translation Provided in Court ☐ ☐ ☐ ☐ 5009 Predeliberation Instructions ☐ ☐ ☐ ☐ 5010 Taking Notes During Trial ☐ ☐ ☐ ☐ 5011 Reading Back of Trial Testimony in Jury Room ☐ ☐ ☐ ☐ 5012 Introduction to Special Verdict Form ☐ ☐ ☐ ☐ 5013 Deadlocked Jury Admonition ☐ ☐ ☐ ☐ 5014 Substitution of Alternate Juror ☐ ☐ ☐ ☐ 5015 Instruction to Alternate Jurors on Submission of Case to Jury

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SHORT TITLE: CASE NUMBER:

JURY) OBJECTS) PROPOSEDOBJECTS) THE PROPOSED SEPARATELY)(AGREED) INSTRUCTION NUMBER INSTRUCTIONTO

JOINT CACI JURY(READ (PLAINTIFF PLAINTIFF SPECIAL(ATTACHED (DEFENDANT DEFENDANT

☐ ☐ ☐ ☐ 5016 Judge’s Commenting on Evidence ☐ ☐ ☐ ☐ 5017 Polling the Jury ☐ ☐ ☐ ☐ 5018 Audio or Video Recording and Transcript ☐ ☐ ☐ ☐ 5019 Questions from Jurors ☐ ☐ ☐ ☐ 5020 Demonstrative Evidence ☐ ☐ ☐ ☐ 5090 Final Instruction on Discharge of Jury ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐

If you have any edited special instructions to go to the jury, please print and provide as an attachment.

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6. VERDICT FORMS – GENERAL AND SPECIAL

   Proposed general and special verdict forms must be prepared by the parties before the case will be sent out for trial. This list of verdict forms is designed to assist you in preparation for your jury trial. It is not a complete list of possible verdicts and should not replace your own research in this matter. Please ensure that you review the California Civil Jury Instructions (CACI) to ensure that you provide the verdict forms you need for trial.

   IMPORTANT

   You must also provide a PRINTED and edited copy of the verdict form(s).

   CTS) OPOSED JURY) OBJECTS) FORM PROBJE VERDICT PROPOSED T SEPARATELY) TO(AGREED) NUMBER
   TIFF CI

   N CA VERDICTJOINT (GIVEN SPECIAL FENDAN PLAINTIFFDEFENDANT E(PLAI ( D (ATTACHED

GENERAL 5000 General Verdict Form – Single Plaintiff – Single Defendant – Single ☐ ☐ ☐ ☐ VF Cause of Action ☐ ☐ ☐ ☐ 5001 General Verdict Form – Single Plaintiff – Single Defendant – VF Multiple Causes of Action UNLAWFUL DETAINER ☐ 4300 ☐ ☐ ☐ Termination Due to Failure to Pay Rent VF 4301 Termination Due to Failure to Pay Rent – Affirmative Defense – ☐ ☐ ☐ ☐ VF Breach of Implied Warranty of Habitability ☐ ☐ ☐ Termination Due to Violation of Terms of Lease/Agreement ☐ 4302 VF

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TO THE COURT Parties announce that they have met and conferred, are ready for jury trial, and are in compliance with the Court’s Standing Order.

SIGN

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Date: (Type or Print Name) Plaintiff Attorney for Plaintiff

SIGN

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Date: (Type or Print Name) Defendant Attorney for Defendant

SIGN

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Date: (Type or Print Name) _______________ Attorney For ______________

SIGN

---

Date: (Type or Print Name) _______________ Attorney For ______________

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