Coordination of Civil Actions in California

California’s Code of Civil Procedure, in Part 2, Title 4, Chapter 3, provides for the coordination of civil actions.

Section 404 states that, 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 either court, or by any party to one of the actions after obtaining permission from the presiding judge.

In addition, a petition for coordination, or a motion for permission to submit a petition, must 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 law.

Upon 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.

Section 404.1 provides that 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.

Section 404.2 specifies that a judge assigned who determines that coordination is appropriate is required to 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 is required to select the reviewing court which will promote the ends of justice as determined under the specified standards.

Section 404.3 provides that a judge assigned who determines that coordination is appropriate must order the actions coordinated, report that fact to the Chairperson of the Judicial Council, and the Chairperson of the Judicial Council must 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.

Section 404.4 states that the presiding judge of any court in which there is pending an action sharing a common question of fact or law with actions coordinated, 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, supported by an affidavit stating facts showing that the action meets the standards specified, may request the judge assigned to hear the coordinated actions for an order coordinating the action.

Section 404.5 allows the judge making that determination to stay any action being considered for, or affecting an action being considered for, coordination.

Section 404.6 provides that, 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 an order as the reviewing court finds appropriate.

Section 404.7 requires the Judicial Council to provide by rule the practice and procedure for coordination of civil actions in convenient courts, including provision for giving notice and presenting evidence.

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

Section 404.9 allows any duties of the presiding judge specified in this chapter to be delegated by the presiding judge to another judge of the court.