Lokeijak v. City of Irvine

Opinion

SILLS, P. J.

Department 17 of the Orange County Superior Court has a local court “policy” that discourages parties from filing motions for summary judgment and summary adjudication of issues.

1

The written policy complains that (1) the procedure set up by Code of Civil Procedure section 437c is unduly time-consuming, cumbersome, and expensive, (2) the motions are often a waste of time because they are usually denied due to “flaws in their format” or the “finding of triable material issues of fact,” (3) parties learn nothing from the denial of these motions “because their denial resolves nothing,” and (4) the “questions of law and/or fact” could be quickly and finally resolved if a “different format” were used.

2

The policy instructs the parties, if possible, to agree to an “appropriate alternative” before drafting a motion for summary judgment. It explains: “[I]f a party contends certain facts (or their absence) dictate a result in his or

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her favor, those facts can be decided in the context of a ‘mini-trial’ conducted, say, on stipulated facts, declarations, live testimony—perhaps even before a jury. If a party believes that principles of law assure a determination in his or her favor, these may be presented by simple motion, with oral argument and ordinary points and authorities. All of these alternatives permit final resolution of critical issues through greatly simplified and expedient procedures.”

In this case, Atrick, Bedrick and Leilani Lokeijak were involved in a three-vehicle accident in Irvine. They filed an action against the other drivers. They did not file a claim with the city. While inspecting the intersection some time later, the Lokeijaks’ attorney discovered what he asserts is a defect in the signals. The Lokeijaks promptly filed a claim with the city. When the claim was returned as untimely, they sued the city.

Constrained by the department’s “policy,” the parties agreed the city could make a motion “for adjudication of claims issue.” According to the points and authorities filed in support of the motion, the “procedures for this motion were established during March 13, 1995 and April 5, 1995 telephone conferences which the parties to this motion had with the Court.” The city included in its motion the basic facts it said were relevant for purposes of the motion. In response, the Lokeijaks filed something called a “Plaintiffs’ Version of Motion for Adjudication of Claims Issues” which included