SECTIONS 404-404.9 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 404-404.9

404. When civil actions sharing a common question of fact or law
are pending in different courts, a petition for coordination may be
submitted to the Chairperson of the Judicial Council, by the
presiding judge of any such court, or by any party to one of the
actions after obtaining permission from the presiding judge, or by
all of the parties plaintiff or defendant in any such action. A
petition for coordination, or a motion for permission to submit a
petition, shall be supported by a declaration stating facts showing
that the actions are complex, as defined by the Judicial Council and
that the actions meet the standards specified in Section 404.1. On
receipt of a petition for coordination, the Chairperson of the
Judicial Council may assign a judge to determine whether the actions
are complex, and if so, whether coordination of the actions is
appropriate, or the Chairperson of the Judicial Council may authorize
the presiding judge of a court to assign the matter to judicial
officers of the court to make the determination in the same manner as
assignments are made in other civil cases.

404.1. Coordination of civil actions sharing a common question of
fact or law is appropriate if one judge hearing all of the actions
for all purposes in a selected site or sites will promote the ends of
justice taking into account whether the common question of fact or
law is predominating and significant to the litigation; the
convenience of parties, witnesses, and counsel; the relative
development of the actions and the work product of counsel; the
efficient utilization of judicial facilities and manpower; the
calendar of the courts; the disadvantages of duplicative and
inconsistent rulings, orders, or judgments; and, the likelihood of
settlement of the actions without further litigation should
coordination be denied.

404.2. A judge assigned pursuant to Section 404 who determines that
coordination is appropriate shall select the reviewing court having
appellate jurisdiction if the actions to be coordinated are within
the jurisdiction of more than one reviewing court. The assigned judge
shall select the reviewing court which will promote the ends of
justice as determined under the standards specified in Section 404.1.

404.3. A judge assigned pursuant to Section 404 who determines that
coordination is appropriate shall order the actions coordinated,
report that fact to the Chairperson of the Judicial Council, and the
Chairperson of the Judicial Council shall either assign a judge to
hear and determine the actions in the site or sites the assigned
judge finds appropriate or authorize the presiding judge of a court
to assign the matter to judicial officers of the court in the same
manner as assignments are made in other civil cases.

404.4. The presiding judge of any court in which there is pending
an action sharing a common question of fact or law with actions
coordinated pursuant to Section 404, on the court's own motion or the
motion of any party supported by an affidavit stating facts showing
that the action meets the standards specified in Section 404.1, or
all the parties plaintiff or defendant in any such action, supported
by an affidavit stating facts showing that the action meets the
standards specified in Section 404.1, may request the judge assigned
to hear the coordinated actions for an order coordinating the action.
Coordination of the action shall be determined under the standards
specified in Section 404.1.

404.5. Pending any determination of whether coordination is
appropriate, the judge making that determination may stay any action
being considered for, or affecting an action being considered for,
coordination.

404.6. Within 20 days after service upon him or her of a written
notice of entry of an order of the court under this chapter, any
party may petition the appropriate reviewing court for a writ of
mandate to require the court to make such order as the reviewing
court finds appropriate. The superior court may, for good cause, and
prior to the expiration of the initial 20-day period, extend the time
for one additional period not to exceed 10 days.

404.7. Notwithstanding any other provision of law, the Judicial
Council shall provide by rule the practice and procedure for
coordination of civil actions in convenient courts, including
provision for giving notice and presenting evidence.

404.8. Expenses of the assigned judge, other necessary judicial
officers and employees, and facilities for cases coordinated under
Section 404 shall be paid or reimbursed by the state from funds
appropriated to the Judicial Council.

404.9. Any duties of the presiding judge specified in this chapter
may be delegated by the presiding judge to another judge of the
court.