--- name: ca-draft-order description: > Use this skill when the user asks to draft a proposed order for a California superior court. Triggers include "draft a proposed order California", "proposed order granting", "order on motion California", "order for the judge to sign", "prepare the order CRC 3.1312", "discovery order California", "order compelling production", "order granting summary judgment", "order sustaining demurrer". Scaffolds findings, recitals, operative relief paragraphs, and a judicial signature block ready for submission per CRC 3.1312. Keeps "[PROPOSED]" in the title until the judge signs. Composes with `ca-statewide-format` (always) and the relevant court skill (`ca-lasc`, `ca-sfsc`, or `ca-county-courts`). For post-hearing signed-order transmission with bench modifications applied, use `ca-submit-order` instead. version: 0.1.0 --- # Draft a California Proposed Order Scaffold a proposed order with recitals and relief paragraphs pre-filled, so the judge needs only to review and sign. ## What this skill produces A proposed order with: 1. **Caption** with "[PROPOSED]" in the document title 2. **Recitals paragraph** ("This matter came before the Court on...") identifying what the court has considered 3. **Findings** (numbered, if the order rests on factual determinations) 4. **Operative order** ("IT IS SO ORDERED" / "THE COURT ORDERS AS FOLLOWS") 5. **Numbered relief paragraphs** (1, 2, 3, ...) 6. **Judicial signature block**: date line + judge signature line 7. **Submitting-party block** (attorney or In Pro Per) 8. **Approval-as-to-form / Notice-of-Presentation block** ## Inputs to ask the user - **Caption**: court / county / parties / case number - **Motion decided**: title and filing date - **Outcome**: granted, denied, granted in part / denied in part - **Specific relief**: the operative orders (produce by X date, pay Y, sustain/overrule the demurrer, etc.) - **Findings**: factual findings, if needed (especially for SJ, contempt, default, sanctions) - **Fee award**: if fees are awarded, identify the statute and amount (or that it will be set by later motion) - **Submitting party**: counsel or In Pro Per ## CRC 3.1312 — submission mechanics California Rules of Court, rule 3.1312 governs proposed order submission: - **(a) Preparation**: the **prevailing party** prepares the proposed order - **(a) Service**: served on all other parties within **5 court days** of the ruling - **(b) Objection period**: other parties have **5 court days** after service to submit objections as to form (not substance — the ruling is settled) - **(c) Submission**: after the objection period (or after objections are resolved), the order is submitted to the court for signature - **Bench signature option**: if the judge is willing to sign on the day of the hearing, the Proposed Order should be brought to the hearing in hard copy (or emailed to chambers in advance per department standing orders) "[PROPOSED]" stays in the title until the judge signs. When the judge signs, the clerk (or the prevailing party per the court's practice) strikes the bracket. ## Template — Order Granting Motion to Compel ``` [UPPER-LEFT: In Pro Per / attorney info per CRC 2.111] [UPPER-RIGHT: Case number, hearing date, dept., judge] SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES VELOCITY CAPITAL, LLC, ) ) Case No. 25STCV12345 Plaintiff, ) ) [PROPOSED] ORDER v. ) GRANTING DEFENDANT'S ) MOTION TO COMPEL JANE DOE, ) FURTHER RESPONSES TO ) REQUESTS FOR PRODUCTION, Defendant. ) SET ONE, UNDER CCP ) § 2031.310 ) ) Hearing: ) Date: [DATE] ) Time: [TIME] ) Dept.: [DEPT.] ) Judge: Hon. [NAME] [PROPOSED] ORDER GRANTING DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET ONE, AND FOR MONETARY SANCTIONS This matter came before the Court on [DATE] on Defendant Jane Doe's Motion to Compel Further Responses to Requests for Production, Set One, Nos. 3, 5, and 6, under CCP § 2031.310. The Court has considered the Motion, the Memorandum of Points and Authorities, the Declaration of Jane Doe with Exhibits A through C, the Separate Statement of Items in Dispute, any opposition filed by Plaintiff, any reply, and all other pleadings and papers on file in this action. THE COURT FINDS as follows: 1. Defendant served Requests for Production, Set One, on Plaintiff on April 1, 2025. 2. Plaintiff served Responses on May 1, 2025, interposing boilerplate objections to Requests Nos. 3, 5, and 6, and producing no responsive documents. 3. Defendant met and conferred with Plaintiff per CCP § 2031.310(b) on May 10, 2025 (letter) and May 15, 2025 (telephone conference). The parties were unable to resolve the disputes as to Requests Nos. 3, 5, and 6. 4. Plaintiff's objections to Requests Nos. 3, 5, and 6 are without merit and do not justify the failure to produce responsive documents. 5. Plaintiff's failure to comply was without substantial justification within the meaning of CCP § 2023.030(a). IT IS SO ORDERED: 1. Defendant's Motion to Compel is GRANTED. 2. Plaintiff shall serve verified further responses to Requests for Production, Set One, Nos. 3, 5, and 6, without objection, within 10 days of the date of this Order. 3. Plaintiff shall produce all documents responsive to Requests for Production, Set One, Nos. 3, 5, and 6, within 10 days of the date of this Order, or by _________________, 20__, whichever is sooner. 4. Plaintiff's objections to Requests Nos. 3, 5, and 6 are OVERRULED. 5. Monetary sanctions are awarded to Defendant and against Plaintiff [and Plaintiff's counsel of record, jointly and severally,] in the amount of $____________, pursuant to CCP § 2023.030(a). Sanctions shall be paid within 30 days of the date of this Order. DATED: _______________ _________________________________ JUDGE OF THE SUPERIOR COURT Submitted by: _________________________________________ JANE DOE Defendant, In Pro Per [Address] [Phone] [Email] ``` ## Template — Order Denying Motion ``` [Caption with "[PROPOSED] ORDER DENYING DEFENDANT'S MOTION TO COMPEL"] ... THE COURT FINDS as follows: [Findings supporting denial] IT IS SO ORDERED: 1. Defendant's Motion to Compel is DENIED. 2. [Conditions, if any] ``` ## Template — Order Granted in Part / Denied in Part ``` IT IS SO ORDERED: 1. Defendant's Motion to Compel is GRANTED IN PART and DENIED IN PART as follows: a. As to Requests Nos. 3 and 5: GRANTED. Plaintiff shall serve further verified responses and produce all responsive documents within 10 days. b. As to Request No. 6: DENIED. Plaintiff's objection on grounds of [GROUND] is SUSTAINED. 2. [Fee ruling, if any] ``` ## Template — Order Sustaining Demurrer ``` [Caption with "[PROPOSED] ORDER SUSTAINING DEFENDANT'S DEMURRER TO COMPLAINT [WITH/WITHOUT LEAVE TO AMEND]"] ... This matter came before the Court on [DATE] on Defendant's Demurrer to Plaintiff's Complaint. ... THE COURT FINDS: Plaintiff's Complaint fails to state facts sufficient to constitute a cause of action on the [FIRST/SECOND/ALL] cause(s) of action, under CCP § 430.10(e), for the reasons stated on the record at the hearing. IT IS SO ORDERED: 1. Defendant's Demurrer to Plaintiff's Complaint is SUSTAINED [WITH LEAVE TO AMEND / WITHOUT LEAVE TO AMEND]. 2. [If leave to amend:] Plaintiff shall file and serve an amended complaint within [30] days of the date of this Order. 3. [If no leave to amend:] Judgment of dismissal shall enter in favor of Defendant. Defendant may file a proposed judgment. ``` ## Template — Order Granting Summary Judgment Orders granting summary judgment under CCP § 437c must state the undisputed material facts: ``` [Caption with "[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT UNDER CCP § 437c"] ... THE COURT FINDS that there is no triable issue as to any material fact and that [Moving Party] is entitled to judgment as a matter of law on the following undisputed material facts (CCP § 437c(c)): 1. [Undisputed Fact 1]. [Evidence citation] 2. [Undisputed Fact 2]. [Evidence citation] 3. [Undisputed Fact 3]. [Evidence citation] IT IS SO ORDERED: 1. [Moving Party]'s Motion for Summary Judgment is GRANTED. 2. [Moving Party] is entitled to judgment against [Opposing Party] on [all claims / the following claims: ___]. 3. Judgment shall enter as set forth in the concurrently filed [Proposed Judgment / Notice of Entry of Judgment]. ``` ## Key drafting elements ### "[PROPOSED]" bracket Keep `[PROPOSED]` in the title until the judge signs. Do not use "PROPOSED ORDER" as a document title without the brackets — the brackets signal that it has not yet been signed. When the judge signs, the brackets (and the word "PROPOSED") are struck. Some departments specifically require `[PROPOSED]` in the document title (e.g., LASC Civil Division). Others prefer `PROPOSED ORDER` without brackets. Check the department's standing orders. ### Recitals paragraph The recitals identify: - What motion was heard - When it was heard - What the court considered The standard California form: ``` This matter came before the Court on [DATE] on [Party]'s [Motion Title]. The Court has considered the Motion, the Memorandum of Points and Authorities, the Declaration of [Name] with Exhibits [X] through [Y], any opposition filed by [Opposing Party], any reply, and all other pleadings and papers on file in this action. ``` If there was no opposition filed, note that: ``` ... any opposition filed by Plaintiff (none was filed), any reply, and all other papers on file. ``` ### Findings Include findings when: - The order rests on disputed factual determinations - Appellate review may follow (findings help the appellate court understand the basis of the ruling) - The relief is contingent on findings (sanctions orders; SJ orders) - Required by statute (CCP § 437c(c) mandates statement of undisputed facts) Skip findings for purely procedural orders where the grounds are straightforward (e.g., a simple discovery extension). ### "IT IS SO ORDERED" vs. "THE COURT ORDERS" Both formulations are standard in California. "IT IS SO ORDERED" is the traditional form and is widely used across superior court departments. Some courts use "THE COURT HEREBY ORDERS" or "IT IS HEREBY ORDERED." All are acceptable; use the form the judge's standing orders prefer, if specified. ### Numbered relief paragraphs Each numbered paragraph in the ORDER section is **one operative instruction**. If a paragraph needs explanation, the explanation goes in the FINDINGS section, not the ORDER section. ### Date-certain deadlines Avoid open-ended deadlines: Wrong: "Plaintiff shall produce promptly" Right: "Plaintiff shall produce all documents responsive to Requests Nos. 3, 5, and 6 within 10 days of the date of this Order, or by _________________, 20__, whichever is sooner." The blank is filled in when the judge signs (typically by computing the deadline from the signature date). ### Fee awards When the order awards fees or sanctions: - **Reference the statute**: CCP § 2023.030(a) for discovery sanctions; CCP § 425.16(c)(1) for anti-SLAPP; CCP § 1021.5 for private attorney general fee awards - **State the amount** if known at time of signing; or state "to be determined by noticed motion" - **Payment deadline**: 30 days from the order is standard; adjust if the court specifies otherwise ## Department-specific submission practices The method for getting the judge's signature varies by court and department: | Court / Dept. | Common submission method | |---|---| | LASC (most depts.) | E-file through LACOUNTY.GOV eFiling portal; or email chambers per dept. standing order | | SFSC Dept. 302 | Email proposed order to dept. clerk per Dept. 302 standing order | | Other CA superior courts | Check local rules; some courts still accept drop-box delivery to clerk's office | When bringing an order to a hearing for bench signature: - Bring a **clean signed hard copy** and an unsigned copy - Offer the signed copy to the clerk after the ruling - If the judge makes bench modifications, they will be marked on the copy at the hearing For post-hearing submission after CRC 3.1312 circulation: see `ca-submit-order`. ## Approval as to Form After circulating the proposed order under CRC 3.1312, the submitting party typically includes an approval block: ``` APPROVED AS TO FORM: _________________________________________ [Opposing Counsel Name, Bar No. XXXXXX] Attorney for [Party] DATED: _______________ ``` If the opposing party objects to **form** (not substance — the ruling is final), the objection must be submitted within 5 court days. The submitting party can then either revise or submit with a note explaining the dispute. If the opposing party does not respond within 5 court days, the order may be submitted without approval. ## Pre-hearing vs. post-hearing orders This skill drafts the **pre-hearing** proposed order — the one filed with the motion packet and brought to the hearing for possible bench signature. For the **post-hearing** version (with bench modifications applied, circulated under CRC 3.1312, and then submitted to chambers), see `ca-submit-order`. The post-hearing workflow: 1. Apply bench modifications to the pre-hearing proposed order 2. Strike "[PROPOSED]" from the title 3. Serve on all other parties (CRC 3.1312(a): within 5 court days) 4. Allow 5-court-day objection period (CRC 3.1312(b)) 5. Submit to chambers via the department's preferred method ## Layered composition This skill ALWAYS composes with: - **`ca-statewide-format`** — caption, format, line numbers - **The relevant court skill** — for court header and department-specific submission preferences It typically follows: - **`ca-draft-motion`** — the motion this order would grant - **`ca-draft-declaration`** — the supporting declaration - **`ca-draft-note`** — the Notice of Motion ## Quality checks Before filing or circulating: - **`ca-fact-check`** — verifies that the relief tracks what the motion requests; that dates, amounts, and party names are consistent - **`ca-quality-check`** — CRC 2.100–2.119 format pass ## Common pitfalls | Pitfall | Consequence | |---|---| | Missing "[PROPOSED]" in title | Order looks signed; clerk may reject or judge may be confused | | No "IT IS SO ORDERED" phrase | Document reads as a memorandum; not operative as an order | | Open-ended deadlines | Invites enforcement disputes and contempt motion practice | | Relief broader than what was noticed | Court cannot grant relief not noticed; order may be challenged | | Missing statutory basis for fee award | Award may be reversed on appeal for lack of authority | | Forgetting CRC 3.1312 circulation | Violates rule; opposing party may object on appeal | | SJ order without undisputed-facts statement | Missing CCP § 437c(c) requirement; appealable error | | Wrong judge's name in signature block | Must match the assigned judge | ## Cross-references - `ca-statewide-format/references/templates/proposed-order.md` — full template - `ca-submit-order` — post-hearing signed-order submission and CRC 3.1312 circulation - `ca-draft-motion` — companion motion - `ca-law-references/references/fees-and-costs.md` — fee award statutes and mechanics **NOT LEGAL ADVICE.** Generated content is a drafting aid; verify against current rules and case law before filing.