Orange Binder Study Guide

Quiz

Answer the following questions in 2-3 sentences each.

1. What is the primary purpose of the orange binder according to EDN?
2. What are the two main components of the orange binder, and what does each contain?
3. Where can you find the most up-to-date information about laws and procedures related to eviction defense?
4. Why is it important to accurately copy the names of the plaintiff and defendant as they appear on the summons and complaint when filling out the front sheet of the binder?
5. According to EDN, what three things does the orange binder communicate to the judge and opposing counsel?
6. What is a standing order, and where can you find the relevant standing orders for your eviction case in Los Angeles County?
7. What is the purpose of the “other pleadings” tab in the trial binder?
8. What are the typical exhibits found within the complaint?
9. Why does EDN recommend against agreeing to mediation if you want to stay in your unit?
10. What should you do if the Fee Waiver 2 form does not include language about fees for the production of documents in the custody of local code enforcement agencies?

Quiz Answer Key

1. The primary purpose of the orange binder is to serve as a battle plan and guide for both the tenant and the court, outlining the case, relevant laws, and evidence. It helps tenants navigate the eviction process and ensures they are prepared for trial.
2. The two main components are the trial binder (tabs 1-10) and the exhibit binder (tabs 101-125). The trial binder contains forms, legal documents, and organizational tools, while the exhibit binder holds all the tenant’s evidence.
3. The most up-to-date information can be found on the Eviction Defense Network website (edn.la) and in their Tenant Empowerment Program classes. Laws and procedures can change, so it is important to have the most recent updates.
4. Accurately copying the names, even if misspelled, maintains consistency with the official court documents. This can be important for legal reasons and avoids confusion in court filings.
5. The orange binder communicates that the tenant is receiving help from EDN, that they cannot be easily pushed into a bad decision, and that a lawyer is likely to represent them at trial if a settlement cannot be reached.
6. A standing order is an order issued by the presiding judge that applies to every case within a specific department or category. The fourth and fifth amended standing orders, relevant to eviction cases, are served with the summons and complaint packet.
7. The “other pleadings” tab is used to store less important documents like the notice of case assignment, alternative dispute resolution forms, and duplicate copies of the summons and complaint packet. It is also used for documents received from the court or opposing counsel during the case.
8. The typical exhibits found within the complaint include the rental agreement or lease (exhibit 101), the operative notice (exhibit two) which is the basis for the eviction, and the proof of service for that notice (exhibit three).
9. EDN believes mediators often push tenants into moving out, therefore, if a tenant wants to stay, they are encouraged to reject mediation. They should accept mediation at a mandatory settlement conference to have EDN support while reaching a move out agreement.
10. File a new Fee Waiver 2 form including the additional language regarding fees for inspectors. Also prepare and file another fee waiver 003 that also includes this language.

Essay Questions

1. Discuss the significance of the 16 factors analysis in the context of an eviction case, explaining how it can help a tenant make informed decisions and develop a strategic approach.
2. Explain the purpose and key elements of the trial binder (tabs 1-10) and analyze how each component contributes to a tenant’s ability to effectively present their case in court.
3. Describe the EDN’s approach to tenant empowerment through education and preparation, using specific examples from the source material to illustrate how this approach aims to level the playing field in eviction proceedings.
4. Analyze the role of the standing orders in eviction cases and discuss the importance of understanding and complying with these orders, particularly in light of recent changes in court procedures.
5. Discuss the Eviction Defense Network’s limited scope retainer program for tenants facing eviction. What are its goals? What are its limitations?