Nissan Motor Corp. in U.S.A. v. Superior Court

This matter arises out of three unrelated products liability actions filed separately by three groups of plaintiffs, entitled Constance L. Bower et al. v. Nissan Motor Corporation (Super. Ct. Orange County, No. 538122), Linda J. Faust et al. v. Nissan Motor Corporation (Super. Ct. Orange County, No. 538527), and Janis Lyon v. Nissan Motor Corporation (Super. Ct. Orange County, No. 603657). On its own motion, the trial court consolidated the three actions and transferred two of them to the judge assigned to the third. Petitioner, Nissan Motor Corporation, immediately filed peremptory challenges of the trial judge in the Faust and Lyon matters pursuant to Code of Civil Procedure section 170.6. The judge denied the peremptory challenges as untimely and petitioner sought extraordinary writ relief.

I

The Bowers filed their complaint for personal injury and damages against petitioner on October 19, 1987, alleging Mrs. Bower was injured when her 1987 Nissan 300ZX suddenly accelerated, causing her to drive through the garage wall of her home. The Fausts filed a similar complaint on October 22, alleging their 1985 300ZX suddenly accelerated and collided with another car, pushing…