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Pesses v. Superior Court

Citations: 107 Cal. App. 3d 117; 165 Cal. Rptr. 680; 1980 Cal. App. LEXIS 1946Docket: Docket Nos. 22612, 22613, 22629

Court: California Court of Appeal; June 18, 1980; California; State Appellate Court

Narrative Opinion Summary

This case involves consolidated petitions for writs of mandate from plaintiffs seeking to transfer wrongful death actions against Pacific Southwest Airlines (PSA) from San Diego to Los Angeles. The actions arose from a 1978 aircraft crash, and PSA has stipulated liability in most cases. Petitioners argued that the resolved liability issues no longer justified coordination in San Diego, emphasizing witness inconvenience in Los Angeles under California Code of Civil Procedure section 404.6 and Rules of Court rules 1542 and 1543. The trial court denied the motions to retransfer, citing insufficient evidence of hardship and the risk of inconsistent rulings if cases were tried separately. The court emphasized judicial efficiency and the significant resources invested in San Diego's coordinated schedule. Furthermore, the trial court exercised its discretion, finding no abuse in retaining the cases due to common legal questions and potential delays in Los Angeles. The trial court's decision was upheld, with the Supreme Court declining to hear further appeals. Ultimately, the court maintained that coordination served broader interests, such as preventing inconsistent rulings and considering judicial efficiency over witness convenience alone.

Legal Issues Addressed

Coordination of Civil Cases under Code of Civil Procedure Section 404

Application: The court upheld the coordination of wrongful death actions in San Diego, emphasizing the efficiency and consistency benefits of trying related cases together despite resolved liability issues.

Reasoning: The statutes governing coordination of actions under sections 404 and 404.1 of the Code of Civil Procedure are cited, which allow for the consolidation of civil cases sharing common legal or factual questions to promote justice and efficiency...

Impact of Witness Convenience in Venue and Coordination Decisions

Application: The declarations regarding witness inconvenience were deemed insufficient, and broader considerations of judicial efficiency and common issues took precedence.

Reasoning: The defense contends that the declarations are insufficient but does not dispute the facts presented.

Judicial Discretion in Coordination and Venue Decisions

Application: The trial court's discretion in retaining the cases in San Diego was upheld due to the absence of abuse in discretion and the presence of common legal questions relevant to damages.

Reasoning: The trial court has broad discretion in these matters, and there is no evidence of abuse of that discretion.

Motions for Change of Venue under Code of Civil Procedure Section 397

Application: Petitioners failed to meet the burden of proving necessity for venue change to Los Angeles, with the trial court finding insufficient evidence of hardship from witness inconvenience.

Reasoning: Petitioners must prove the necessity of transfer, akin to a venue motion under Code of Civil Procedure section 397, subdivision 3, which they have failed to do.