Pesses

Pesses v. Superior Court

Good Law
107 Cal. App. 3d 117·165 Cal. Rptr. 680·1980 Cal. App. LEXIS 1946
Court of Appeal of CaliforniaJune 18, 1980Docket Nos. 22612, 22613, 22629California3,090 words

Opinion

Opinion

Brown, J.

For convenience we have consolidated three petitions for writs of mandate, brought by 15 individual plaintiffs who filed wrongful death actions in Los Angeles against real party Pacific Southwest Airlines (PSA), after the crash of a PSA aircraft in San Diego in September 1978. All personal injury actions arising out of that accident have been coordinated for trial in the San Diego Superior Court. After coordination PSA stipulated to liability with most of the plaintiffs, including petitioners here. Petitioners now seek transfer back to Los Angeles for the pending trials of the damages issues. The trial court denied the motions to retransfer. The petitions in this court are authorized by Code of Civil Procedure section 404.6, establishing review by writ of mandate of superior court orders in coordination proceedings. Below, petitioners relied on California Rules of Court, rules 1542 and 1543 authorizing remand or transfer of a coordinated action or severable issue within it to the originating court where it was filed, either on stipulation or, if opposed as here, on a showing of material change in circumstances relevant to coordination.

Petitioners argue remand is proper…

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