California

Civil Procedure

Rule 3.542 – Remand of action or claim

The coordination trial judge may at any time remand a coordinated action or any severable claim or issue in that action to the court in which the action was pending at the time the coordination of that action was ordered. Remand may be made on the stipulation of all parties or on the basis of evidence received at a hearing on the court’s own motion or on the motion of any party to any coordinated action. No action or severable claim or issue in that action may be remanded over the objection of any party unless the evidence demonstrates a material change in the circumstances that are relevant to the criteria for coordination under Code of Civil Procedure section 404.1. If the order of remand requires that the action be transferred, the provisions of rule 3.543(c) -(e) are applicable to the transfer. A remanded action is no longer part of the coordination proceedings for purposes of the rules in this chapter.

Cal. R. Ct. 3.542

Rule 3.542 amended and renumbered effective January 1, 2007; adopted as rule 1542 effective January 1, 1974; previously amended effective January 1, 2005, andJuly 1, 2006.