The Independent Calendar Court experience

My case has been sent out of the PI Hub to an Independent Calendar Court. Now what?

2025 November

In the past several months, hundreds of cases have been transferred out of the PI Hub courts and into newly created or previously existing Independent Calendar (IC) courts, as the PI Hub courts continue the wind-down process.

The IC court model for handling cases is very different from the PI Hub court model of case management. In cases assigned to the PI Hub, dates were often set automatically when a case was filed, and there was little court oversight, unless the parties had motions or other reason to seek court intervention.

For the past two years, cases arising out of incidents that occurred within the jurisdiction of a district, but would have previously been filed in Central and assigned to a PI Hub court, began to be filed directly in the district where the incident occurred. From there, the matter would be assigned to an IC court and handled from the outset by that assigned IC court.

Over the past several months, as part of the PI Hub wind-up process, hundreds of cases previously assigned to a PI Hub court have been reassigned to IC courts. This article addresses what to expect for those cases reassigned to IC courts from the PI Hub courts.

First, expect much more judicial oversight in the IC courts than in the PI Hub courts. As cases are reassigned to IC courts, most departments will set a status conference, whether or not the case already has an assigned trial date. This is an opportunity for the newly assigned bench officer to get a sense of the case’s status – what has been done and what remains to be done prior to trial.

Most IC departments post courtroom rules on the court website, www.lacourt.org, under the “courtroom information” tab, select the courthouse and courtroom. Make sure you review those rules before your first appearance in a new courtroom.

File case-management-conference statements five court days before the initial status conference, so the court has time to review them before the hearing.

Below are some things the court will likely want to discuss at an initial status conference, so be prepared!

Is the case at issue?

Many cases coming out of the PI Hub have not been served, even cases filed a year or more ago. Sometimes, this is because plaintiff’s counsel is seeking to negotiate and resolve the matter with an insurance adjustor or defense counsel, without the need for service. Sometimes, it is because a defendant cannot be located or is evading service. And, sometimes, it is because a case may have fallen through the cracks or been reassigned within plaintiff’s counsel’s office.

At your initial status conference in the IC court, be prepared to present the court with a plan, whether it is service by publication, substitute service or service via the Secretary of State. If the case is not at issue, most IC courts will set an OSC re: proof of service or OSC re: dismissal, if the case has been pending for long enough that service should have been effectuated.

Many times, cases have been served, but one or more defendants have failed to answer. If this is the case, the court will expect a default to be entered and will likely set an OSC re: default. Once default has been entered by the default clerk as to all defendants, the court will expect a default prove-up date to be set or a default packet to be submitted. Find out whether the particular department prefers a prove-up hearing or a default packet per Code of Civil Procedure section 585, subdivision (b) to be submitted via eCourt.

Once a default packet has been submitted, it goes into the courtroom work queue for review and processing. After it has been approved, the court will take the OSC off calendar. If the court has questions or concerns about the paperwork filed, counsel should appear on the OSC date to address those issues.

If some defendants have answered and some have not, it is appropriate to have default entered as to those that have answered. A default judgment can only be entered after all defendants have been defaulted or the case has concluded, per the “one judgment” rule.

What are the parties’ plans regarding alternative dispute resolution?

Expect the court to inquire whether the parties intend to do private mediation or if there is a request for court-ordered ADR.

Many PI cases are referred to ResolveLaw LA, the free, three-hour virtual mediation staffed by volunteers from CAALA and ASDC, one plaintiff attorney and one defense counsel. These mediations typically occur within 60 days before trial. Cases must be ordered to ResolveLaw by the court. If you are requesting ResolveLaw mediation, you may wish to contact the court to obtain a referral order.

Mediation Center of Los Angeles (MCLA) has a contract with the LA Superior Court offering three-hour mediations for a total cost of $1,000. The parties may select a mediator. As with ResolveLaw, a case must be referred to MCLA via court order. Some departments will order matters to MCLA and/or ResolveLaw LA via stipulation, without need for a court hearing.

Of course, many matters go to private mediation. If the parties select to do private mediation, be prepared to tell the court when the chosen mediator is available. Many times, parties come to court, requesting a trial continuance based on a mediator’s unavailability. Many sought-after mediators are booking several months in advance, so keep this in mind when selecting a mediator. Many IC judges will not consider a mediator’s unavailability to be good cause to continue a trial, so plan far in advance or have a backup mediator selected.

Some, but not all, district courts offer Mandatory Settlement Conferences (MSCs) with sitting bench officers. If the parties are interested in holding an MSC, discuss this with the court.

Many IC courts set a non-appearance ADR completion date, often 60 days prior to trial.

Status of discovery

Be prepared to discuss any outstanding discovery and a timeline for completion of discovery. For discovery disputes, many courts conduct informal discovery conferences (IDC). Courts have varying requirements, such as a joint statement of issues in dispute. If discovery motions are pending or contemplated, discuss scheduling those motions with the court at the status conference.

IDCs are often helpful in resolving disputes, without the need for discovery motions, which often cannot be set for several months and can delay the entire discovery process. Many discovery issues can be raised at the status conference, so the bench officer may be able to give the parties some guidance as to their tentative thoughts on the dispute.

Expect firm trial dates

In the PI Hub, trial continuances were often done via a stipulation form, and multiple trial continuances were not rare. Expect this to be different in IC courts. Most IC judges will try to bring cases to trial within two years. This is often not possible, as many cases sent out to IC departments from a PI Hub court are already over two years old. If so, most IC judges will set a trial date within six to nine months, depending on that particular court’s availability.

If the parties seek a trial continuance, many IC judges will require unforeseen good cause, and will not find a simple lack of discovery completion to be good cause. Do not assume that a stipulation to continue a trial date will be signed. Many IC judges require an ex parte or noticed motion to continue a trial date, particularly if there have been multiple prior continuances and the case is over two years old.

If a trial continuance is granted, the court may require some form of ADR to be completed as a prerequisite to an agreement to continue the trial date. And many courts will grant only one continuance, absent extraordinary good cause.

Timely file joint pre-trial documents

Courts typically expect pre-trial documents to be filed jointly, five court days prior to the final status conference (FSC). Joint documents should include: short statement of the case (unless the parties request mini-opening), witness list (with time estimates and a description of witness testimony), exhibit list, jury instructions, and verdict form. Many courts will also request hard copies of jury instructions, with brackets filled out, designated whether jointly requested or requested by only one side.

Regarding motions in limine, parties will be expected to meet and confer, prior to the FSC, to determine whether there are any agreed-upon motions in limine. Some courts address bifurcation at the FSC; some require a noticed motion.

Regarding jury trials, PI Hub cases were sent out to dedicated trial courts, which had no pending case inventory. Thus, dedicated trial courts had no morning calendar of other status conferences or motions. In contrast, the IC courts all carry a regular caseload inventory of up to 1,200 or more cases, and typically have a morning calendar, which can include several motions per day.

Expect that most IC courts will not be able to begin trial, whether a bench trial or a jury trial, until 9:30 or 10:00 a.m. This means a case that might have been expected to last 7-10 court days in a dedicated trial court may take 10-12 court days or longer to try in an IC court. Additionally, IC courts in certain districts are assigned to try unlawful detainer cases, which have statutory priority and may end up “bumping” a scheduled civil trial.

Expect a more “hands on” approach now that PI Hub cases have been reassigned to IC judges, who are able to provide much more oversight than what the PI Hub bench officers were able to provide, given their massive caseload. This reassignment means cases can be processed much more efficiently and effectively to provide a speedier resolution for all litigants.