California

Civil Procedure

Civil Procedure

Rule 3.521 – Petition for coordination

(a) Contents of petition

A request submitted to the Chair of the Judicial Council for the assignment of a judge to determine whether the coordination of certain actions is appropriate, or a request that a coordination trial judge make such a determination concerning an add-on case, must be designated a “Petition for Coordination” and may be made at any time after filing of the complaint. The petition must state whether a hearing is requested and must be supported by a memorandum and declarations showing:

(1) The name of each petitioner or, when the petition is submitted by a presiding or sole judge, the name of each real party in interest, and the name and address of each party’s attorney of record, if any;
(2) The names of the parties to all included actions, and the name and address of each party’s attorney of record, if any;
(3) If the party seeking to submit a petition for coordination is a plaintiff, whether the party’s attorney has served the summons and complaint on all parties in all included actions in which the attorney has appeared;
(4) For each included action, the complete title and case number, the date the complaint was filed, and the title of the court in which the action is pending;
(5) The complete title and case number of any other action known to the petitioner to be pending in a court of this state that shares a common question of fact or law with the included actions, and a statement of the reasons for not including the other action in the petition for coordination or a statement that the petitioner knows of no other actions sharing a common question of fact or law;
(6) The status of each included action, including the status of any pretrial or discovery motions or orders in that action, if known to petitioner;
(7) The facts relied on to show that each included action meets the coordination standards specified in Code of Civil Procedure section 404.1; and
(8) The facts relied on in support of a request that a particular site or sites be selected for a hearing on the petition for coordination.
(b) Submit proof of filing and service

Within five court days of submitting the petition for coordination, the petitioner must submit to the Chair of the Judicial Council proof of filing of the notice of submission of petition required by rule 3.522, and proof of service of the notice of submission of petition and of the petition required by rule 3.523.

(c) Copies of pleadings in lieu of proof by declaration

In lieu of proof by declaration of any fact required by (a)(2) , (4) , (7) , and (8) , a certified or endorsed copy of the respective pleadings may be attached to the petition for coordination, provided that the petitioner specifies with particularity the portions of the pleadings that are relied on to show the; fact.

(d) Effect of imminent trial date

The imminence of a trial in any action otherwise appropriate for coordination may be a ground for summary denial of a petition for coordination, in whole or in part.

Cal. R. Ct. 3.521

Rule 3.521 amended and renumbered effective January 1, 2007; adopted as rule 1521 effective January 1, 1974; previously amended effective January 1, 2005.