california courts

San Joaquin Small Claims Court Re-Opens

September 25, 2013 By CCM Staff

Like many counties, including Los Angeles, the San Joaquin County Superior Court laid off workers and closed courtrooms in anticipation of budget cuts. Unlike many counties, including Los Angeles, that system is no re-hiring some of those workers and re-opening courtrooms. In particular, the county is resuming Small Claims Court, which was entirely stopped in the face of budget shortfalls.

Presiding Judge Dave Warner told the Stockton Record newspaper that “… they should have never stopped to start with, but at some point, when you run out of money, something’s got to give.” The paper also reported that “… the court also is in the process of rehiring 17 staff members who had been laid off during recent recessionary years. Since 2011, the court had reduced its staff by 55 positions.”

The first task? Dealing with 1,200 cases that have been filed but shelved because there was no court. Read the Record’s report here.

Filed Under: Community, Courts Budget Tagged With: California Budget, california court cuts, california courts, jobs, layoffs, San Joaquin, Small claims court, Superior Court

Caseload Report Out, Will Have Budget Implications

September 24, 2013 By CCM Staff

The California “Courts Statistics Report,” or CSR, is out, and this year the formerly obscure document is bound for new attention as it will become part of a new budgeting formula. In a desperate attempt to put some level of oversight into how the courts spend money, especially on the civil courts, the new budget laws will take into consideration caseloads as reflected in the report. In general, the overall Superior Court case filings are actually down overall, but most of that comes from relatively simple cases like small claims. The more resource-intensive complex cases continue to increase.

Doubtless more analysis of the information will be produced soon. At first read, it seems there’s plenty of information for virtually any political argument, depending on perspective. For example, are the more simple cases, which are more often filed by individuals rather than lawyers relative to more complex cases, “down” because we’re all getting along? Or are more people just walking away because we’ve cut assistance in filing such cases, or because they couldn’t endure the filing line.

Courts Monitor Publisher Participates In New Film

September 23, 2013 By CCM Staff

California Courts Monitor Publisher Sara Warner was interviewed last week for a new documentary by Wayne Ewing, the award-winning filmmaker perhaps best known for his series of biopics on Hunter S. Thompson, creator of “gonzo journalism.” Ewing has also produced and directed several political documentaries, including a pair of judicial-focused films in 2004 called “Benched” and “The Last Campaign.”

In text accompanying the interview, the filmmaker explains that he hoped to begin principal photography on a new project during a San Francisco legal conference, but that he was not admitted. However, he adds, Sara Warner was. Find the interview, and more about the documentary and Ewing Films, here.

Filed Under: Community, Courts Budget Tagged With: asbestos, California, California Budget, California Corrections, california court cuts, california courts, civil court, court docket, Justice Rationing, mesothelioma

Long Beach Courts Move To New Public-Private Built Building

September 20, 2013 By CCM Staff

In an era of closing courthouses, a new one has opened. The $340 million, 531,000 square foot facility opened this week near the five-decades-old courthouse it’s replacing. It features two dozen courtrooms and will no doubt raise debate over how to pay for improved facilities. That is because it is the first to be built as a public-private partnership, complete with retail space.

The new Gov. George Deukmejian Courthouse in Long Beach. (Photo was published in the Los Angeles Times article “No rats and no lines, new Long Beach courthouse opens for business” on September 9, 2013.)

The deal is that a group of real estate developers actually build the courthouse, paying for construction up front, and the state pays the cost plus interest over the next 35 years. Some critics of California’s court management say the public-private deal illustrates that the state is not all that great at building things. The Los Angeles Times covered the courthouse opening without noting the massive cost overruns of the state-only construction effort, but it did note that staffers were pushing leather chairs from one courthouse to the next.

Check out the story here.

Filed Under: Community, Courts Budget Tagged With: California, California Budget, california courts, California State Budget, civil court, court rationing, Gov. Jerry Brown, Legal news

ADA Case Tackles Major Access Liability Issue

September 17, 2013 By CCM Staff

If a person with disabilities is denied access in violation of the state’s Disabled Persons Act (CDPA), should they receive compensation just once for the violation or for each time they encountered the violation? A Long Beach resident is arguing the later, and the 9th Circuit Court of Appeals is asking the California State Supreme Court for help understanding an “ambiguous” law. The case involves a paraplegic who sued over improperly curb cut-outs, and he argues that he should be paid for each time he encountered the problem. A lower court ruled the other way, awarding $17,000; he says the number should be $440,000.

The case might be seen as important in the wake of California court closures and cutbacks. One of the legal arguments against the changes is that people with disabilities are, in effect, denied access to the courthouses. As one observer noted: If they moved the wheelchair ramp across the parking lot, that would be a violation. So why not if they move it 25 miles away?” This case might imply that liability goes beyond a single penalty to include each time a person is denied access, a significant change.

As usual, Tim Hull at The Courthouse News makes the complex easy… read it here.

Filed Under: Cases, Community, Courts Budget Tagged With: Americans with Disabilities Act, California, California Budget, california court cuts, california courts, California Supreme Court, Disabled Persons Act

California Courts Monitor ‘Special Report’ Update now on stands and available for download

September 16, 2013 By CCM Staff

When we published our printed “Special Report” earlier this year, it detailed a court crisis facing a difficult season. Sometimes, it seemed that the looming cuts, coming after years of cuts, were mostly positioning for the ongoing state budget battle. In addition to our daily online offerings, we promised to update the print report at the end of summer, so that’s what we did, and it is now available in local coffee shops and newsstands or you can download it by clicking here.

The takeaway? It was as bad, and sometimes worse, than expected. An environment of fear and insecurity only became more so. And we marveled at the number of people who would talk about courts issues, but only on condition we never name them. Think of that. These are people who are mostly afraid that judges — judges! — will actually punish them for voicing opposition. And some of those fearing retribution are lawyers.

In this Update, we have included more new material than we intended and highlighted one of our judicial profiles in a blatant attempt to show relevancy to a new audience — the national civil courts community. You can access the original here on our website or contact us directly at scw@californiacourtsmonitor.com for a printed copy.

And let us also say Thank You for the warm reception and backroom briefings prompted by our coverage. Our pledge is to get better and that our mistakes will be those of the head, not the heart.

Filed Under: Courts Budget Tagged With: California Budget, california court cuts, california courts, California State Budget, Civil Courts, court rationing, investigative report, Judges, Justice Rationing, transparency

Already? For 2014 Courts Face A Zinger

September 12, 2013 By CCM Staff

Apparently it’s not too early to begin fearing at least one aspect of California court spending next year. As of the 2014-15 fiscal year starting July 1, 2014, trial courts will no longer be able to maintain reserves greater than one percent of annual appropriations, reports Rachel Stine in The Coast News, who quotes a court official explaining that “… these reserve funds have previously been used to finance large projects, including technology upgrades, as well as expenditures during low revenue years…”

In other words, it allowed a particular court to squirrel away some cash. And that goes away next year. The newspaper report also outlines the increasing difficulty facing San Diego civil courts, and notes the closing of yet another juvenile justice facility. Court officials explained to Stine that “… there is a lack of community outreach to legislators and politicians about the funding for the judiciary branch” and added that their efforts lobbying with other bar associations and encouraging their clients to campaign for more court funding has only gone so far.

“There is no constituency that is banging on the door and saying, ‘We need our courts to be funded,’” said one official. Read the report here.

Filed Under: Community, Courts Budget Tagged With: California, California Budget, california court cuts, california courts, California State Budget, California Superior Court, court rationing, Legal news, San Diego Superior Courts

Court: Landlords Have Right To Weekend Access

September 5, 2013 By CCM Staff

CASES: In a decision with implications for renter’s rights in civil actions, the California Court of Appeals has ruled that tenants must grant landlords weekend access to property so they can show it to prospective buyers. The court was actually upholding a previous decision by Los Angeles Superior Court Judge Ruth Kwan in favor of a Santa Monica condo owner. The owner had sued the tenant for refusing to allow open-house viewing on weekends, although “by appointment” viewings were allowed.

State law says renters must grant access for showings during “normal business hours.” To find that weekends fit that wording, the court found that the “community” standards were those of the real estate community. The Metropolitan News-Enterprise explains that the appeals court said that “… since the relevant community is real estate agents, and it was undisputed that those agents work on weekends, the trial judge correctly concluded that weekend hours are not excluded from the statutory definition.

Not everyone will agree with that “normal business hours” decision, and a law professor from San Diego blogged about how much power it could give a less-than-perfect landlord. Shaun Martin wrote: “Imagine that you have a tenant you don’t like. She’s got rent control. She’s got kids. She requires you to actually do repairs. Whatever. She’s a huge pest. Here’s an easy solution for you: Put the place up for sale. Set the price at 20% or so above market. If you get a sale, great. Huge profit. That almost certainly will not happen. But like you care. You hold open house after open house. Two weekends a month. Like here. If it takes a year, so be it. No skin off your back. Not like you’ve got to do anything. You’re not even there.”

Read details of the case in the Met-News here.

And see Prof. Martin’s blog here.

Filed Under: Cases Tagged With: California Court of Appeals, california courts, Cases, landlord tenant, landmark decision, Legal news, renters, tenant rights

Inmate Release Offering Lessons For Civil Courts?

August 23, 2013 By CCM Staff

For those seeking court reform, whether civil or criminal, the ongoing issue of releasing some 10,000 California inmates offers some potential lessons. For one thing, it suggests that the only real reason this issue is being addressed is that a federal court has ordered the release, prompting a shift in attitude. Exhibit I in this discussion has become a Los Angeles Times editorial that even blamed poor news coverage for part of the problem.

And the Times did not hesitate to say that the “… [court]’s] population reduction order, and the courts’ hard line on enforcing it, has moved the state and counties, reluctantly, to set priorities for prison space and consider alternative community-based sentencing. There is little evidence to suggest that state officials will move faster or smarter if the order is softened.”

In effect, the newspaper is saying that the only reason the issues of addiction and repeat crimes are being addressed is that a court order eliminated a “headline-by-headline” political approach that ignored core challenges. That’s not only quite an indictment, but it suggests that any reform movement on the civil side of the courts equation will face a long road before obtaining improvements. It also suggests that only federal court pressure, say from problems with ADA compliance, will force the state to move.

Check out the Times take here.

Filed Under: Community, Courts Budget Tagged With: California Budget, california courts, court rationing, Jerry Brown, journalism, media, prisoner release, US Supreme Court