Philip Morris Inc. v. Superior Court

—In this coordination proceeding, defendants Philip Morris Incorporated et al. 1 seek extraordinary relief directing the superior court to set aside an order granting the motion for peremptory disqualification of the coordination trial judge filed by plaintiffs U.A. Local No. 467 Health and Welfare Trust Fund (Local No. 467) et al. 2 (Code Civ. Proc., 3 § 170.6; Cal. *119 Rules of Court, 4 rule 1515.) Defendants contend the court should have concluded as a matter of law that those plaintiffs’ peremptory challenge to the coordination trial judge constituted an unlawful second peremptory challenge in light of another plaintiff’s precoordination peremptory challenge to another judge. We deny defendants’ petition for extraordinary relief.

I

Procedural Background

Various plaintiffs filed independent actions in different counties to recover health care costs for allegedly tobacco-related illnesses.

In December 1997, in one of those independent actions, plaintiff Screen Actors Guild-Producers Health Plan (SAG) exercised a peremptory challenge under section 170.6 against Judge Kuhl of the Los Angeles County Superior Court.

In April 1998, Local No. 467, a plaintiff in another…