Simmons v. Superior Court CA1/1

Filed 5/6/13 Simmons v. Superior Court CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

CHARLES SIMMONS et al., Petitioners, v. THE SUPERIOR COURT OF CONTRA A138018 COSTA COUNTY, (Contra Costa County Respondent; Super. Ct. No. MSC1201841) CHEVRON USA, INC., Real Party in Interest. REBECCA A.J. ADAMS et al., Petitioners, v. THE SUPERIOR COURT OF CONTRA A138022 COSTA COUNTY, (Contra Costa County Respondent; Super. Ct. No. MSC1202777) CHEVRON USA, INC., Real Party in Interest.

Petitioners Charles Simmons et al. (collectively ―Simmons‖), brought a toxic tort suit against real party in interest, Chevron USA, Inc., (Chevron), in Contra Costa Superior Court. Petitioners Rebecca Adams et al. (collectively ―Adams‖), filed a similar suit shortly thereafter. The Simmons and Adams plaintiffs share the same counsel. Plaintiffs in both cases seek mandamus relief ordering the superior court to grant their

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peremptory challenges, filed pursuant to Code of Civil Procedure section 170.6,1 after the trial court denied the challenges as untimely. Upon our own motion, we hereby consolidate these related writ proceedings for purposes of disposition, and, for reasons explained below, grant mandamus relief as requested. PROCEDURAL BACKGROUND In their complaint, the Simmons plaintiffs allege multiple causes of action arising from a fire at the Chevron refinery in Richmond in August 2012. The complaint was stamped, ―Per Local Rules this case is assigned to Dept 33.‖ On August 15, the date of filing, a deputy clerk issued a Notice of Case Management Conference, scheduling the conference on December 31, 2012, in Department 33. On August 22, the deputy clerk sent a Notice of Reassignment of Case (Notice) advising plaintiffs the case ―is being reassigned for all purposes to the Honorable Barry P. Goode, Department 17, pursuant to complex designation.‖ The Notice further advised the date of the case management conference had been advanced to December 27, 2012, in Department 17. Subsequently, the trial court entered a minute order continuing the case management conference to January 30, 2013, in Department 17. ~(Ex 5)~ The clerk of court sent a notice dated September 26, 2012, to the parties stating the settlement conference had been continued from December 27, 2012, to January 30, 2013, at 9:00 a.m. in Department 17. On November 27, 2013, the Adams plaintiffs filed their complaint, and the Simmons plaintiffs filed a first amended complaint. On the same day, a ―Notice of Assignment to Department Seventeen for Case Management Determination‖ was filed in Adams, stating the matter is assigned to ―Department 17, Judge B. Goode presiding, for all purposes.‖ On November 27, 2013, Judge Goode held a case management conference in another case, Abercrombia v. Chevron. The Abercrombia case also arose from the