Volkswagen of America, Inc. v. Superior Court

*698 Opinion

In this case, we will hold that General Order No. 55, adopted by the San Francisco Superior Court to help manage its complex asbestos litigation, does not violate California Rules of Court, rule 981.1, which preempts generally applicable local rules.

I. Factual and Procedural Background

By the early 1980’s, the complexity and volume of asbestos-related litigation in state and federal courts had become the focus of substantial judicial resources and public attention. In response, the National Center for State Courts (NCSC) established a working group to develop and publicize methods to resolve asbestos cases expeditiously. The working group produced a report which noted “[t]he complexity of the asbestos legal environment has resulted in almost total dependence upon the courts to resolve thousands of pending claims.” (NCSC, Judicial Administration Working Group on Asbestos Litigation, Final Rep. with Recommendations (1984) pt. II, p. 3 (hereafter NCSC Asbestos Recommendations).) The report observed that the absence of prefiling claims processes and the practice of one claimant suing a large number of defendants resulted in excessive cross-claims and prolonged and…