Hi there,
I see that at least some tentative rulings are posted on LA Superior Court's website. Does every LA Superior Court judge write a tentative ruling for each of his/her motions? Are all of these tentatives posted to the LA Superior Court website or just some of them?
Also, I heard some courts allow the parties to "submit on the tentative" and waive oral arguments. Is that common or even allowable in LA Superior Court?
Thank you very much for reading!
Yes, a few of the judges of the Los Angeles Superior Court post their tentative rulings on the court's website. Not every judge prepares a tentative ruling. In some cases, you can call the court clerk to ask if there is a tentative ruling the day before the hearing. Other judges may prepare a tentative, and make it available in the courtroom on the morning of the hearing. A handful of judges prepare a tentative ruling and fax it to the parties before the hearing.
Parties often submit on the tentative if they wish to waive oral argument and are otherwise satisfied with the tentative ruling. It is allowable, although not necessarily common because usually one of the parties will want to make oral argument and/or ask questions and/or ask for clarification. However, as a general rule, if the court has prepared a tentative ruling, the judge will not likely change his or her mind.
Some but not many LA Superior Court judges post their tentative rulings on the court's website. Some judges have copies of them in writing in the courtroom on the morning of the hearing.
All judges allow litigants to waive argument and submit on the tentative, because that just means if you know that the judge has tentatively ruled in your favor, you'd save the court some time by not re-arguing your position. You're not supposed to orally repeat what you wrote anyway. You'd only do this, however, if the other party's argument doesn't raise points that need addressing.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Some judges post their tentative rulings on the web, but many do not and those that post do not always post a tentative ruling, as they want the attorneys/parties to appear to discuss the motion further. If a tentative is provided, then you can submit on the tentative, but you need to notify the opposing attorney and the clerk by 4:00 PM the day before, which procedure is often explained on the tentative ruling page.
