California Rules of Court

Complex cases are governed by Rule 3.400 and provided for in the Code of Civil Procedure in §§ 404 and 404.1. Additional rules concern notice and are provided below.

Rule 3.522. Notice of submission of petition for coordination

(a) Contents of notice of submission

In each included action, the petitioner must file a "Notice of Submission of Petition for Coordination" and the petition for coordination. Each notice must bear the title of the court in which the notice is to be filed and the title and case number of each included action that is pending in that court. Each notice must include:

1. The date that the petition for coordination was submitted to the Chair of the Judicial Council;
2. The name and address of the petitioner's attorney of record;
3. The title and case number of each included action to which the petitioner is a party and the title of the court in which each action is pending; and
4. The statement that any written opposition to the petition must be submitted and served at least nine court days before the hearing date.

(b) Copies of notice

The petitioner must submit the notice and proof of filing in each included action to the Chair of the Judicial Council within five court days of submitting the petition for coordination.

Rule 3.523. Service of notice of submission on party

The petitioner must serve the notice of submission of petition for coordination that was filed in each included action, the petition for coordination, and supporting documents on each party appearing in each included action and submit the notice to the Chair of the Judicial Council within five court days of submitting the petition for coordination.

Rule 3.527. Notice of hearing on petition for coordination

(a) Timing and notice of hearing

The coordination motion judge must set a hearing date on a petition for coordination within 30 days of the date of the order assigning the coordination motion judge. When a coordination motion judge is assigned to decide a petition for coordination that lists additional included actions sharing a common question of law or fact with included actions in a petition for coordination already pending before the judge, the judge may continue the hearing date on the first petition no more than 30 calendar days in order to hear both petitions at the same time. The petitioner must provide notice of the hearing to each party appearing in an included action. If the coordination motion judge determines that a party that should be served with notice of the petition for coordination has not been served with notice, the coordination motion judge must order the petitioner to promptly serve that party. If the coordination motion judge determines that a hearing is not required under (b), the hearing date must be vacated and notice provided to the parties.

Timing of Submissions

The following documents must be submitted within five calendar days of submitting the Petition for Coordination:

• Notice of Submission of Petition for Coordination;
• Proof of Service of Petition for Coordination, Points and Authorities, Declaration and Notice of Submission on all parties in the included actions;
• Proof of Service of Petition for Coordination, Points and Authorities, Declaration and Notice of Submission on clerk for filing in each included action;
• Proof of Filing Notice of Submission of Petition for Coordination in each included action; and
• Application for Stay Order with proof of service (if a stay is requested from the coordination motion judge). (Cal. Rules of Ct., Rules 3.510, 3.511, 3.515, 3.521, 3.522, and 3.523.)

Stays

Petitioner may request for a stay of proceedings pending determination of petition when filing a petition for coordination.

Concurrent Jurisdiction

The rule of exclusive concurrent jurisdiction “is based upon the public policies of avoiding conflicts that might arise between courts if they were free to make contradictory decisions or awards relating to the same controversy and preventing vexatious litigation and multiplicity of suits. Ordinarily, [p]riority of jurisdiction resides in the tribunal where process is first served. However, the rule of exclusive concurrent jurisdiction is a rule of policy and countervailing policies may make the rule inapplicable.” (People ex rel. Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 769-770 (internal quotation marks and citations omitted); see also Siskiyou v. Superior Court (2013) 217 Cal.App.4th 83, 92.)

Related Issues

Under the California Rules of Court, coordination is distinct from consolidation and related cases:

• consolidation is governed by Rule 3.350; and
• related cases are governed by Rule 3.300.