Lautrup, Inc. v. Trans-West Discount Corp.

Appellants filed two actions in Riverside and Los Angeles counties against defendants and respondents Trans-West Discount Corporation, et al. Appellants petitioned the Los Angeles Superior Court to coordinate the actions. The petition was denied on August 10, 1976. Notice of appeal from the order of August 10, 1976, was filed on September 14, 1976.

Section 904.1 of the Code of Civil Procedure, which lists all appealable superior court judgments and orders, does not mention orders denying petitions for coordination. Section 404.6, however, an integral part of the coordination statute enacted in 1972 (Stats. 1972, ch. 1162, p. 2287, § 2) provides as follows: “Within 10 days after service upon him 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.”

Quite obviously the 1972 Legislature considered the reviewability of orders made in connection with coordination proceedings and decided that mandate rather than appeal was appropriate. Had the Legislature contemplated that such orders should be…