None known.
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None for "mass tort," but Rule 3.400 of the California Rules of Court defines a "complex case" as "an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel."
Factors to be weighed by the court include whether the action is likely to involve numerous pretrial motions raising difficult or novel legal issues that will be time-consuming to resolve; management of a large number of witnesses or a substantial amount of documentary evidence; management of a large number of separately represented parties; coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court; or substantial postjudgment judicial supervision. R. 3.400(b)
Actions provisionally considered "complex" are those involving one or more of the following claims: antitrust or trade regulation; construction defect claims involving many parties or structures; securities claims or investment losses involving many parties; environmental or toxic tort claims involving many parties; mass torts; class actions; or insurance coverage claims arising out of any of these types of claims. R. 3.400(c)(1) through (c)(7)
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California Rules of Court, Rules 3.400–3.550 govern complex cases. Rule 3.400(c)(1) includes “claims involving mass torts” and “environmental or toxic tort claims involving many parties” among complex case types governed by the rules.
California Rules of Court, Rules 3.750–3.771 govern management of complex cases and of class actions. California Code of Civil Procedure section 382 is the general class action statue and California Civil Code section 1750 et seq. governs class actions alleging unfair or deceptive acts or practices.
California Rules of Court, Title 5, Division II, Rules for Coordination of Civil Actions Commenced in Different Trial Courts, govern Judicial Council Coordinated Proceedings (JCCP). The San Diego Superior Court hears JCCP cases. (See Infrastructure: Special Dockets.)
Information on Appeal Procedures for Civil Cases provides an overview of appellate procedures for civil cases in which the amount in controversy is more than $25,000. The description of procedures is to accompany a thorough reading of California Rules of Court 8.100-8.278.
Standards of Judicial Administration, Title 3, Standard 3.10, covers complex civil litigation.
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None known.
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In re Tobacco II Cases. No. D0464435. Sept. 9, 2006. Proposition 64 "significantly restricts the standing of private citizens to bring UCL lawsuits," thus the class was properly decertified. The court also found that individual issues predominated.
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California Code of Civil Procedure section 166.1 is used in support of requests for interlocutory appeal in complex cases, but it is not limited to complex cases. It provides as follows:
Upon the written request of any party, or his or her counsel, or at the judges’ discretion, a judge may indicate in any interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolution of which may materially advance the conclusion of the litigation.
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Currently, 16 judges in six courts handled exclusively complex cases as part of California’s complex litigation program. Cases assigned to judges in the program include a variety of complex case types, not only mass torts. Alameda County Superior Court
Contra Costa Superior Court, Department 6 (e-filing for designated complex litigation cases)
Los Angeles Superior Court (State of California Judicial Council Coordinated Proceeding #JCCP 4032, diet drug cases)
The San Diego Superior Court conducts Judicial Council Coordinated Proceedings (JCCP) cases. These cases involve a common issue of fact or law and may be filed in multiple California counties. When such cases are transferred to a single court (San Diego Superior Court), they become coordinated proceedings. Each case has its own website, "intended to facilitate communication between the court and counsel on the variety of matters relating to the coordination and processing" of that case type in California. Various sections of each site are devoted to case list, calendars, minutes/orders, case management plan, liaison counsel, and the discovery referee.
San Francisco Superior Court (asbestos and complex civil).
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The California Judicial Council has the following committees:
Advisory Committee on Civil Jury Instructions
Appellate Advisory Committee
There is a complex litigation subcommittee of the Civil and Small Claims Advisory Committee. See the subcommittee's reports: Rules for Coordination of Complex Civil Actions, September 23, 2004; and Electronic Submission of Documents to Chair of
Judicial Council, March 24, 2005.
Court Technology Advisory Committee
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Upon filing the complaint, a plaintiff may designate a case to be complex by checking a box on the mandatory civil case cover sheet (Form CM-010). A defendant may counter-designate a case complex or non-complex. R. 1811(a)(b). Under rules of court, a judge must make a determination of complexity. R. 1812.
The case management statement helps the court identify the estimated length of time, whether the trial will be jury or non-jury, trial date, whether parties would be willing to participate in ADR and/or settlement conferences, related cases (including consolidation and coordination), jurisdiction (bankruptcy or other), whether any case management orders are in existence, etc.
Approximately half of California superior courts track and report the number of complex cases. However, because there only is a single case labeled “complex litigation,” which includes mass torts, the number of mass tort cases is not tracked separately on statewide basis. Some individual courts track sub-types within the “complex litigation” case type.
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This varies widely among the six superior courts in the complex litigation program and among other courts handling complex cases. Some courts provide for e-filing on a limited basis.
The complex litigation courts in the Superior Court of Orange County allows for e-filing in all complex cases. This system provides the ability for all parties in Complex Civil to submit all documents electronically, and efforts are underway to eventually provide for electronic service of filed documents to all parties on a case. For this system, users are required to pre-register for an ID and Password. (Effective January 2004, all Complex Civil documents on cases can be ordered to be filed electronically, with an Opt-out provision for fairness to those who do not have electronic access.)
Contra Costa Superior Court, Department 6, also a complex litigation docket, has e-filing and evidence presentation equipment.
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The court may provide in a case management order that documents filed electronically in a central electronic depository available to all parties be deemed served on all parties. R. 1830.
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