Key Themes and Ideas:

Empowerment through Preparation:

The core concept is that tenants can significantly improve their chances by thoroughly preparing their case using the orange binder and the resources provided by EDN.

• “This video is one of the building blocks that will make you a powerful eviction litigant.”
• “Preparing your binder forces you to really think through your situation what is the plaintiff accusing you of what is your response to those accusations is your response to the ACC accusations supported by the law who are the witnesses that will back you up what is the evidence that proves your side of the story photos videos texts emails letters and notices”
• “What is the trial binder it is the battle plan it is a guide for the judge and the jury it tells them what the case is about what the law says about your type of case it is also a guide for you it is the guide that will get you to the top of this mountain”

Structure of the Orange Binder:

The binder is divided into two main sections: the Trial Binder (tabs 1-10) and the Exhibit Binder (tabs 101-125).

• The Trial Binder contains key legal documents, statements of the case, witness lists, jury instructions, and motions.
• The Exhibit Binder contains organized evidence (photos, videos, texts, emails, etc.) to support the tenant’s defense. Video 2E guides evidence collection and organization.

The Orange Binder as a Symbol and Tool:

The binder serves not only as an organizational tool but also as a visual indicator to the court and opposing counsel that the tenant is informed, supported by EDN, and less likely to be intimidated.

• “The orange binder identifies you as an EDN TEP student the orange binder tells the judge and the opposing Council that number one you’re getting help from us number two you can’t be pushed into a bad decision and number three if the case can’t be settled on your terms a lawyer will likely represent you at the trial”
• “Carry the binder so it can be seen be proud be a proud proud Eden te student let everyone see that your binder is neat and organized put the binder on the council table when you’re meeting with the judge be calm and composed use the speeches we give you in t class represent the program well how you handle this situation reflects on all of us”

Key Documents & Procedures:

The document emphasizes the importance of understanding and correctly handling crucial documents like the summons and complaint, standing orders, discovery requests, and notices.

• “The court standing order tells you to quote include the current operative pleadings in your trial binder”
• “You can’t understand the accusations against you without reading both the operative notice and the complaint”

Standing Orders & Court Procedures:

The document explains the significance of the Fourth and Fifth Amended Standing Orders, outlining rules and expectations for court appearances, preparation, and deadlines. The judges are now pushing parties to follow the order by the first appearance or the next appearance

• “The fourth and fifth amended standing orders what does that even mean a standing order is an order that is issued by the presiding judge and becomes an order for every single case in a particular department or in a particular category until a different standing order is issued”

1. Jury Trial Preservation: The document stresses the importance of demanding a jury trial and ensuring all necessary fees are waived, including fees for inspectors and investigators.

• “Tab 1 C is for proof that you preserved a jury it goes under this tab to verify that you made a jury demand look at page five paragraph five of your answer make sure there is wording there that references the jury trial may not look exactly like this but any wording that says the word jury is going to be good enough”
• “FW2 is for jury fees interpreter fees police officer fees Etc make sure that the jury fee box is checked”

Statement of the Case and Witness Preparation:

The document provides instructions on completing the “Statement of the Case” form and preparing a witness list, emphasizing thoroughness and strategic consideration of potential witnesses.

• “The statement of the case is a brief explanation of the case it is at tab two of the trial notebook”
• “The goal is to have all 12 Pages look like this”
• “Pause the video while you think about all of your Witnesses really think it through if you don’t list them now you may not be allowed to add them later so think about all your defenses who can help you prove that those defenses are the way you say they are think about all your denials who can help you prove that what you’re accused of did not happen be very very thorough if we had a penny for every time a litigant came up with a witness after it was too late we would be fully funded and this is has horrible horrible consequences including being forced to make less than an adequate deal or even worse losing the case”

Exhibit Selection and Organization:

The document details the process of gathering, organizing, and narrowing down exhibits to those that directly support the tenant’s case.

• “Tab four the exhibit list a draft exhibit list is a tab four of the trial notebook and it is also the first page of your exhibit notebook right in front of tab 101 if you make a change to one of these copies you have to make a Chang to the other one”
• “each exhibit will need to be on its own line it will look more like this this is a very time consuming document to produce and so we prioritize cases that we are are sure are going to go to trial the word version of this document is in the share drive if you want to try to do this yourself”

1. Mediation and Settlement: The document cautions against relying on mediation and emphasizes the importance of understanding one’s 16 factors before agreeing to mediation. It also provides guidance on move-out agreements.

• “Unfortunately our experience with mediation is not good for tenants mediators tend to push tenants into moving out if you want to stay reject mediation if you want to move and you want help reaching a move out agreement accept mediation at a mandatory settlement conference so that we can monitor what is happening and approve any agreement”

EDN’s Limited Scope Representation Model:

The document clarifies that EDN’s support is primarily through education, classes, and resources. Legal representation is not guaranteed but is possible if a lawyer is available when the case is assigned to a trial judge and if the tenant has actively participated in the program.

• “Remember unlike our partners in the right to council Coalition stay housed la proog program we are able to help hundreds rather than just dozens of tenants at a time because you are responsible for managing your own case by listening carefully following instructions and by completing your tasks you can save us an incredible amount of staff time”
• “Our commitment to you is to provide you videos and classes if a lawyer is available to do a task or review a task when you need that review we will commit to do that task only this also applies to handling the trial if a lawyer is available when your case is assigned to a judge we will make a commitment to you to step into the trial at that point”

“17.6” Form and Judge Assignment:

The document explains the purpose of the LA Civ 170.6 form, used to challenge a judge assignment, and the procedure to follow when a case is transferred to a new courtroom.

• “As soon as you have the assignment you need to text your team on your pip string I’ve been assigned to judge X in Department whatever in whatever the court is and when you have to report we will text you back either keep or 17.6 if we say 17.6 you pull out this form which you’ve already filled out and the instructions for filling it out are in videoid 2H and you immediately tell the clerk I am going to file a 17.6 you then finish filling out the form and then hand the form to the clerk”