California

Civil Procedure

Rule 3.540 – Order assigning coordination trial judge

(a) Assignment by the Chair of the Judicial Council

When a petition for coordination is granted, the Chair of the Judicial Council must either assign a coordination trial judge to hear and determine the coordinated actions 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, under Code of Civil Procedure section 404.3. The order assigning a coordination trial judge must designate an address for submission of papers to that judge.

(b) Powers of coordination trial judge

Immediately on assignment, the coordination trial judge may exercise all the powers over each coordinated action that are available to a judge of the court in which that action is pending.

(c) Filing and service of copies of assignment order

The petitioner must file the assignment order in each coordinated action and serve it on each party appearing in each action, and, if the assignment was made by the presiding judge, submit it to the Chair of the Judicial Council. Every paper filed in a coordinated action must be accompanied by proof of submission of a copy of the paper to the coordination trial judge at the designated address. A copy of the assignment order must be included in any subsequent service of process on any defendant in the action.

(Subd (c) amended effective January 1, 2011; adopted as part of unlettered subd; previously 32 amended and lettered effective January 1, 2005.)

Cal. R. Ct. 3.540

Rule 3.540 amended effective January 1, 2011; adopted as rule 1540 effective January 1, 1974; previously amended effective January 1, 2005; previously amended and renumbered effective January 1, 2007.