California Code of Civil Procedure. California

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СКАЧАТЬ 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.

      (Amended by Stats. 2002, Ch. 784, Sec. 57. Effective January 1, 2003.)

      404.1. 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.

      (Added by Stats. 1972, Ch. 1162.)

      404.2. A judge assigned pursuant to Section 404 who determines that coordination is appropriate shall 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 shall select the reviewing court which will promote the ends of justice as determined under the standards specified in Section 404.1.

      (Amended by Stats. 1996, Ch. 713, Sec. 4. Effective September 23, 1996.)

      404.3. A judge assigned pursuant to Section 404 who determines that coordination is appropriate shall order the actions coordinated, report that fact to the Chairperson of the Judicial Council, and the Chairperson of the Judicial Council shall 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.

      (Amended by Stats. 2002, Ch. 784, Sec. 58. Effective January 1, 2003.)

      404.4. The presiding judge of any court in which there is pending an action sharing a common question of fact or law with actions coordinated pursuant to Section 404, 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 in Section 404.1, or all the parties plaintiff or defendant in any such action, supported by an affidavit stating facts showing that the action meets the standards specified in Section 404.1, may request the judge assigned to hear the coordinated actions for an order coordinating the action. Coordination of the action shall be determined under the standards specified in Section 404.1.

      (Amended by Stats. 1996, Ch. 713, Sec. 6. Effective September 23, 1996.)

      404.5. Pending any determination of whether coordination is appropriate, the judge making that determination may stay any action being considered for, or affecting an action being considered for, coordination.

      (Added by Stats. 1972, Ch. 1162.)

      404.6. 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 such order as the reviewing court finds appropriate. The superior court may, for good cause, and prior to the expiration of the initial 20-day period, extend the time for one additional period not to exceed 10 days.

      (Amended by Stats. 1989, Ch. 1416, Sec. 13.)

      404.7. Notwithstanding any other provision of law, the Judicial Council shall provide by rule the practice and procedure for coordination of civil actions in convenient courts, including provision for giving notice and presenting evidence.

      (Added by Stats. 1972, Ch. 1162.)

      404.8. Expenses of the assigned judge, other necessary judicial officers and employees, and facilities for cases coordinated under Section 404 shall be paid or reimbursed by the state from funds appropriated to the Judicial Council.

      (Amended by Stats. 1996, Ch. 713, Sec. 7. Effective September 23, 1996.)

      404.9. Any duties of the presiding judge specified in this chapter may be delegated by the presiding judge to another judge of the court.

      (Amended by Stats. 2002, Ch. 784, Sec. 59. Effective January 1, 2003.)

      TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS

      CHAPTER 1.

      Definitions and General Provisions

      405. The definitions in this chapter govern the construction of this title.

      (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

      405.1. “Claimant” means a party to an action who asserts a real property claim and records a notice of the pendency of the action.

      (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

      405.2. “Notice of pendency of action” or “notice” means a notice of the pendency of an action in which a real property claim is alleged.

      (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

      405.3. “Probable validity,” with respect to a real property claim, means that it is more likely than not that the claimant will obtain a judgment against the defendant on the claim.

      (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

      405.4. “Real property claim” means the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility.

      (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

      405.5. This title applies to an action pending in any United States District Court in the same manner that it applies to an action pending in the courts of this state.

      (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

      405.6. In an action by a public agency in eminent domain pursuant to Title 7 (commencing with Section 1230.010) of Part 3, the issuance, service, and recordation of a notice of pendency of action shall be governed by Section 1250.150 and shall not be subject to Chapter 2 (commencing with Section 405.20).

      (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

      405.7. Whenever an action is commenced to declare a building uninhabitable, the plaintiff public agency, at the time of filing the complaint, shall record in the office of the recorder of the county in which the building is situated, a notice of the pendency of the action, containing the names of the parties and a description of the real property upon which the building affected by the action is situated.

      (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)

      405.8. Nothing in this title precludes any party from seeking an attachment, injunction, or other relief in connection with a real property claim or the expungement of a notice of pending action.

      (Added СКАЧАТЬ