OC judge denies halt to some proceedings in LA courts

An Orange County judge denied Monday three nonprofit firms' motion to halt all in-person appearances in traffic and unlawful detainer matters in Los Angeles County courthouses.

The motion by Public Counsel, the Inner City Law Center and Bet Tzedek Legal Services, argued the threat from COVID-19 is worse for traffic and unlawful detainer cases than other civil or criminal matters because there are more people in the courtroom waiting for their cases to be called. Public Counsel v. Superior Court of Los Angeles County, 21STCV05124 (L.A. Sup. Ct., filed Feb. 9, 2021).

"In reading your declarations, some of the situations that the attorneys find themselves in with family members -- parents, grandparents -- really tugs at your heartstrings," said Orange County Judge William D. Claster, referring to 33 declarations attached to the plaintiffs' complaint, in which attorneys described their experiences and concerns about appearing in L.A. County courtrooms, which has reported a COVID outbreak and four deaths.

"It's not that I'm immune to that, it's just that what you are really asking for is such broad relief that I don't think at this stage based on the record I have, it's justified," said Claster. "It's not that you haven't made a decent showing, it's just I don't think it's enough of a showing to warrant the broad injunction you're seeking."

The plaintiffs did not request that the cases be handled remotely because of due process issues, said Jesselyn Friley with Public Counsel.

Claster denied the motion because of timing, noting in-person appearances for both matters have been in place for several months; a lack of balancing hardships in the plaintiffs' complaint, noting it did not take into account the effect the order would have for others, or what a full stop could do to the backlog of cases. He questioned when the plaintiffs would consider the threat of the pandemic would be "abated," adding it could be years until the threat of COVID-19 subsides.

"We were very heartened by Judge Clasters' consideration and crediting of the many declarations that we filed from staff attorneys and his crediting of the testimony from our experts," said Friley in an interview. "We understand that he wasn't willing to order the relief we were seeking at this time, but we think he left the door open for other avenues of pursuing that same relief and we're planning to do so at the earliest opportunity."

Alison Beanum of Clyde & Co US LLP, who represented the Los Angeles County Superior Court in the proceedings, did not respond to requests for comment.

Although the case was filed in Los Angeles County, the hearing was held in Orange County pursuant to a reciprocal assignment order late last week.

The complaint called the conditions at the Los Angeles County Superior Court unsafe and unlawful, adding traffic and unlawful detainer matters were deferred for months due to the risk associated with appearing in court, "yet indefensibly proceed now in-person even as conditions are exponentially more dangerous than they were during the court's closure."

Unlawful detainer matters resumed in October 2020 and traffic matters resumed in August 2020.

In concluding Monday's proceedings, Claster invited the plaintiffs to file a motion for preliminary injunction. If filed the case would go before Judge Glenda Sanders of the Orange County Superior Court.