Industrial Indemnity Co. v. Superior Court

In this proceeding, we consider whether parties to an add-on petition in a coordination action are entitled to file a peremptory challenge to the coordination judge. We conclude that the Judicial Council rules governing coordination proceedings do not provide for such a right, that the Judicial Council had the authority to exclude parties to an add-on petition from the exercise of peremptory challenges, and that the exclusion is reasonable.

The coordination proceeding underlying the instant petition is In re Technical Equities Litigation which involves multiple actions by investors who lost money they invested with Technical Equities Corporation. In August 1986, the Honorable Conrad L. Rushing was assigned to sit as coordination trial judge. This court has been assigned as the reviewing court having appellate jurisdiction. (See Code Civ. Proc., § 404.2.)

During November and December 1988, after several of the complaints in the coordination proceeding had gone to judgment, individual plaintiffs in the coordination proceeding (real parties in interest herein) filed eight separate actions in Santa Clara County Superior Court as judgment creditors. The defendants in these…