Judge Ernest M. Robles allows parties to self-calendar hearing dates and times for matters in accordance with the following rules. The self-calendaring system is designed to allow parties to schedule hearing dates for matters heard on regular notice without having to contact the calendar clerk to obtain a hearing date. Matters that do not require hearings may be filed in accordance with L.B.R. 9013-1(o)(1). 

 

 

I.   Matters that May Be Self-Calendared
     In general, matters that require a hearing of less than 15 minutes may be self-calendared. In addition, any motion may be self-calendared, as long as it is not included in the list of matters that may not be self-calendared, set forth in Section II, below. The following is a non-exclusive list of motions that may be self-calendared: 

Judge Robles allows certain motions for relief from stay scheduled on shortened notice (that is, fewer than 21 days’ notice) to be self-calendared. A minimum of 7 days’ notice of the motion must be provided.  These motions are limited to the following:

A. Residential unlawful detainer actions;
B. Post-petition transfers of real property to the debtor; or
C. Pre-petition transfers to the debtor either (a) within 90 days of the petition date or (b) involving a fractional interest in real property.

For further instructions regarding these motions, please see Section III, infra.

3. Disclosure statements
4. Employment applications
5. Fee applications in Chapter 7 and Chapter 11 cases
6. Motions to sell property under 11 U.S.C. § 363(b)(1)
7. Motions for summary judgment
8. Objections to claims (20 or fewer)
9. Miscellaneous: Any motion in a Chapter 7 or 11 case or adversary proceeding that is not included in the list of matters that may not be self- calendared, set forth in Section II, below.

II.  Matters that May Not Be Self-Calendared
     The following matters may not be self-calendared:

1. Applications for order shortening time
2. Matters to be heard on shortened time
3. Matters to be heard on ex parte basis
4. Emergency motions
5. Reaffirmation agreements
6. Initial status conferences in adversary proceedings
7. Pre-trial conferences
8. Mass objections to claims (more than 20 objections for a single hearing)
9. Motions pursuant to FRBP 9023 and/or 9024.

III.  Motions for Relief From Stay on Shortened Notice (i.e., fewer than 21 days’ notice)

Judge Robles allows certain motions for relief from stay scheduled on shortened notice to be self-calendared. A minimum of 7 days’ notice of the motion must be provided. These motions are limited to the following:

1. Residential unlawful detainer actions;
2. Post-petition transfers of real property to the debtor; or
3. Pre-petition transfers to the debtor either (a) within 90 days of the petition date or (b) involving a fractional interest in real property.

If the motion for relief from stay does not fall within one of these enumerated categories and the movant wishes to have it heard on shortened time, then the movant must apply for an order shortening time or proceed on an emergency basis pursuant to L.B.R. 9075-1 and may not self-calendar the motion.

Notice & Service: All motions for relief from stay calendared on 7 day notice must be filed with the Court and served on all parties entitled to receive notice of the motion by such means as to ensure that the moving papers and notice of hearing are actually received no later than 2 days prior to the hearing date.

Residential Unlawful Detainer Actions: With respect to residential unlawful detainer motions for relief from stay self-calendared under this procedure, the movant must:

1. File the motion with the Court no later than 7 days prior to the hearing;
2. No later than 7 days prior to the hearing, serve the motion and supporting documents by:
   
   1. posting or personal service on debtor;
   2. overnight mail debtor's counsel, if any; and 
   3. regular mail to any other parties entitled to notice.

IV.  Instructions for Self-Calendaring for Los Angeles Matters
For matters that may be self-calendared on Judge Robles’ regular Los Angeles calendar, please follow the steps outlined below:

Step 1: Identify available dates and times for the type of matter that you want to calendar by referring to the monthly calendars.

The Court’s color-coordinated calendar indicates which matters may be heard on which dates and at which times.

Note: Calendar dates are subject to periodic revision. Please verify that you are referring to a current version of Judge Robles’ monthly calendar.

Step 2: Prepare a notice of hearing for the date and time that you have selected. If your motion is for relief from stay, you must provide notice in accordance with L.B.R. 9013-1(d)(2) and L.B.R. 4001-1(c) (Local Forms Series 4001).

Step 3: Give sufficient notice to all parties entitled to receive notice under the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules. Movants should refer to L.B.R. 9013-1(d),(f) (g) and (h) for applicable deadlines and L.B.R. 9013-1(i) for evidentiary requirements.

Step 4: File and serve all moving papers in a timely manner. Refer to the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules for the applicable filing and service deadlines. Please note that if proof of service is insufficient, the motion may be continued or denied.

Step 5: If the date you have selected is unavailable, the calendar clerk will contact you to arrange a different date.

V. Telephone Appearances
Any party who wishes to appear by telephone must contact Court Call by telephone at 866-582-6878, ext. 188 no later than one hour before the hearing.

VI.  Location of Hearings
Hearings must be noticed with the Los Angeles Division address: 255 East Temple Street, Los Angeles, CA 90012, Courtroom 1568, 15th Floor.

VII. Second Call Requests
In order to request a second call for a hearing, please telephone Judge Robles’ chambers at 213-894-1522 prior to the hearing time. As a general policy, Judge Robles will try to accommodate late parties when possible. Please note, however, that the Court may proceed with a hearing even if the party requesting second call has not yet arrived. Therefore, parties should schedule sufficient travel time in order to arrive promptly for all hearings.

VIII.  Tentative Rulings and Final Rulings
Tentative Rulings: Judge Robles regularly posts tentative rulings in advance of hearings. Tentative rulings may be viewed through the Court’s website at www.cacb.uscourts.gov. On the court’s homepage, in the Calendar Information block, click on the Tentative Rulings link and select Judge Ernest Robles. Next, double-click on a specific date to view the available tentative rulings.

If you are unable to view the tentative ruling, you may need to clear your browser’s cache. To set up your browser to automatically clear the cache when you close the browser, do the following: 

Internet Explorer
(1) Click Tools.
(2) Click Internet Options.
(3) Click Advanced tab.
(4) In the Setting box scroll to Security.
(5) Select Empty temporary internet files when browser is closed.
(6) Click OK.

Google Chrome
(1) Click the Customize and control Google Chrome button located at the top right of your browser (button may look like 3 vertical dots).
(2) Select More tools.
(3) Select Clear browsing data...
(4) Check these boxes: Browsing history; Cookies and other site and plugin data; Cached images and files.
(5) Click Clear browsing data.

Firefox for PC
(1) From the top menu bar, click Tools.
(2) Select Options.
(3) Click Privacy.
(4) In the Cache section, click Clear.
(5) Click OK.

Firefox for Mac
(1) From the top menu bar, click Firefox.
(2) Select Preferences.
(3) Click Privacy.
(4) In the Cache section, click Clear.
(5) Click OK.

After completing these steps, close and reopen your browser and then attempt to view the tentative rulings. For technical assistance on viewing tentative rulings, you may also contact the CM/ECF Help Desk at (213) 894-2365.

Tentative rulings are generally posted by 2:00 p.m. on the day prior to the hearing. If after clearing your browser’s cache you are still unable to view the tentative ruling, please contact the Judge’s Courtroom Deputy, Lydia Gonzalez, at (213) 894-4843, by no later than 3:00 p.m., to obtain a copy of the tentative ruling. Leave a message, including an e-mail address or fax number where the tentative ruling should be sent, if the Courtroom Deputy is not available. If it is after 3:00 p.m. and you are unable to view the tentative ruling, contact Judge Robles’ law clerks at (213) 894-1522 to obtain a copy.

To submit on a tentative ruling, please call Judge Robles’ law clerks at (213) 894-1522. If a party submits on a tentative ruling, there is no need to appear at the hearing. Please note, however, that tentative rulings are subject to change as a result either of argument presented at the hearing or of further reconsideration by the Court.  If you intend to contest the tentative ruling and appear, please contact opposing counsel to inform them of your intention to do so. 

Final Rulings: Judge Robles posts final rulings on certain motions, including motions for relief from stay, if the Court has received no opposition to the motion within the appropriate deadline. The failure of the debtor, the trustee, and all other parties in interest to file written opposition at least 14 days prior to the hearing as required by L.B.R. 9013-1(f) will be considered as consent to the granting of the motion. L.B.R. 9013(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). No appearance is necessary if the Court has posted a final ruling. Please do not call chambers to submit on a final ruling.

IX.  Relief from Stay Motions Settled by Stipulation
Before lodging an electronic F 4001-10 order in which the “Settled by Stipulation” box on page 1 is checked, the movant must first file via CM/ECF the signed Adequate Protection Attachment pages of the proposed order: (A) granting relief from the automatic stay (F 4001-10.PP or F 4001-10.RP); (B) imposing or continuing the stay (F 4001-10.IS); or (C) continuing the stay (F 4001-10.TCS). The process is:

Step 1: Obtain all necessary signatures on the Adequate Protection Attachment pages of the appropriate F 4001-1 form order.

Step 2: File via CM/ECF the Adequate Protection Attachment pages with signatures, accompanied by a pleading cover sheet titled: “Stipulation for Adequate Protection re Section 362 Stay.”

Step 3: Lodge the entire F 4001-10 order, including the unsigned Adequate Protection Attachment pages.

Step 4: When lodging the proposed order via LOU, link the proposed order to the motion, not to the stipulation.

X. Questions / Contact Information
If you have a question regarding the procedures for obtaining a hearing, please telephone Judge Robles’ calendar clerk at (213) 894-4843.

Instructions re: Mandatory Use of L.O.U. for All Orders

Printable version of Judge Robles' Self-Calendaring Procedures