Local Rule 9013-9: Emergency Motions

9013-9. Emergency Motions.

(a) Scope of Rule. If an emergency motion requesting an order must be filed, comply with this rule.

(b) General Contents of Motion. The motion must: (1) state the relief requested; (2) comply with any other applicable provisions of these rules regarding the relief requested; and (3) be accompanied by a Declaration that: A. justifies the setting of a hearing on an emergency basis; and B. supports the granting of the motion itself on the merits. A separate motion for an expedited hearing is not required under this rule.

(c) Contents of Emergency Motion for Rejection of Unexpired Nonresidential Real Property Lease. In addition to the general requirements of 9013-9(b), the motion must:

(1) Identify the applicable statute, the other party to the lease the location of the leased premises, and the status of possession as of the motion filing date;

(2) State that the lease is proposed to be rejected effective as of the Notice filing or other date proposed by Movant, subject to determination by the Court; and

(3) State whether Movant will seek abandonment of any personal property located on the leased premises by expedited motion pursuant to LBR 6007-4 or on regular notice pursuant to LBR 6007-2 and detail any arrangements for prompt removal of personal property by the Movant.

(d) Service of Motion. A party must personally serve Documents supporting the emergency motion on parties or counsel for parties in interest including the U.S. Trustee, lessor, and property manager, or if the parties or counsel are located outside of the Southern District of California or personal service is impracticable, then serve the papers in a manner reasonably calculated to provide prompt notice, including express or overnight delivery or, with consent, by email or facsimile. If the motion seeks to reject a real property lease, service must also be made to the address for notices in the lease.

(e) Telephonic Notice. The Movant must make reasonable efforts to telephonically or personally notify parties, including the U.S. Trustee, of the emergency relief requested. In addition, the Movant must make a good faith effort to determine whether any party intends to oppose the relief requested.

(f) Declaration Regarding Notice and Opposition. A Declaration must accompany any emergency motion, indicating what notice was given to parties in interest and whether any noticed party plans to oppose the relief requested.

(g) Caption of Motion. The word "Emergency" must appear in the caption of all emergency motions and orders related to the emergency motion. Movant must provide the judge's law clerk with telephonic notice of the motion when it is filed.

(h) Response to Motion and Notification of Law Clerk. Any party in interest who opposes an emergency motion must immediately notify the judge's law clerk by telephone of intent to oppose. Written opposition to the emergency motion is not required to be filed unless the Court otherwise directs.

(i) Court's Discretion. The Court reserves discretion to grant or deny an emergency motion without further hearing.

(j) Sanctions. If sanctions are appropriate based on improper use of the emergency motion procedure, sanctions may be awarded regardless of the ultimate determination of the merits if later heard as a fully noticed matter.