The Los Angeles Superior Court is Grinding to a Halt! Rant No. 2

Our office filed a Motion for Entry of a Judgment in LASC pursuant to CCP 644.6.  This is a ministerial act.  CCP 664.6 says that if the parties settle, they can dismiss the case under 664.6  If the settlement is defaulted, i.e., someone doesn’t do what they are supposed to do, the other side files a motion reopening the case so that a judgment may be entered.  The judgment to be entered is worked out as part of the settlement, it is not reviewed at the 664.6 motion or even discussed.  At the hearing on the motion, the judge says “Okay the case is reopened… the judgment is entered…the case is reclosed… thanks for coming.”  It is a ministerial act.  It should be done by a clerk.

We filed the motion under 664.6 on June 9, 2015.  The clerk set the hearing for September 30, 2015 – nearly four months later!  The court of course granted the motion and we are waiting for entry of judgment.  The other side has filed a Motion to Reconsider.  That motion is set for March 9, 2016!  Five months later.  The motion to reconsider will not slow down our efforts to collect on the judgment except to the extent that the Sheriff or some other official person will be confused by the motion and refused to enforce the judgment.

Second case:  more incredible.  Our client was told by the bankruptcy court to file a certain motion clarifying something in state court.  The motion was filed (by other counsel) on May 14, 2015.  The clerk set the hearing for October 22, 2015 – five months later.  The client has just been notified that the judge has retired.  The parties have been instructed to refile everything and a new hearing date has been set for May 5, 2016?  That is a few days less than one year to hear a motion.

I think Shakespeare or Thomas Jefferson or Einstein or someone said, “Justice delayed is justice denied.”  It is true.  Come on politicians.

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