Farmers Insurance Exchange v. Superior Court

Opinion

DOSSEE, J.

Petitioners, Farmers Insurance Exchange and Mid-Century Insurance Company (hereafter collectively referred to as Farmers), are the defendants below in actions filed by real parties which have been ordered coordinated under Code of Civil Procedure section 404.4.

1

By timely petition for writ of mandate (§ 170.3, subd. (d);

People

v.

Hull

(1991) 1 Cal.4th 266 [2 Cal.Rptr.2d 526, 820 P.2d 1036]), Farmers seeks to reverse denial of its section 170.6 challenge to the coordination judge.

[1511]

We conclude that the challenge should have been accepted by reason of rule 1515 of the California Rules of Court (rule 1515 hereafter). Accordingly, we issue our peremptory writ in the first instance.

2

The parties do not dispute the facts leading up to this petition. On July 20, 1992, three cases previously consolidated in Contra Costa County Superior Court were coordinated with a pending action in Los Angeles County Superior Court as the E-Z Reader Coverage Cases, Judicial Council Coordination Proceeding No. 2719. (§ 404.) On August 4, 1992, the parties were served with an order appointing the Honorable William A. O’Malley as the coordination trial judge. (Cal. Rules of Court, rule 1540.) The judge had previously ruled on contested matters in the Contra Costa cases to which Farmers was a party. Thereafter, Farmers filed its section 170.6 challenge which was timely within the meaning of rule 1515.

3

Judge O’Malley denied the challenge.

Relying on section 170.6, subdivision (2) and

California Fed. Sav. & Loan Assn.

v.

Superior Court