This rule applies when a motion under Code of Civil Procedure section 403 is filed requesting transfer and consolidation of noncomplex cases involving a common issue of fact or law filed in different courts.
(Subd (a) amended and lettered effective January 1, 2007; adopted as unlettered subd.)
(b) Preliminary step.
A party that intends to file a motion under Code of Civil Procedure section 403 must first make a good-faith effort to obtain agreement of all parties to each case to the proposed transfer and consolidation.
(Subd (b) amended and relettered effective January 1, 2007; adopted as subd (a).)
(c) Motion and hearing.
A motion to transfer an action under Code of Civil Procedure section 403 must conform to the requirements generally applicable to motions, and must be supported by a declaration stating facts showing that:
(1) The actions are not complex;
(2) The moving party has made a good-faith effort to obtain agreement to the transfer and consolidation from all parties to the actions; and
(3) The moving party has notified all parties of their obligation to disclose to the court any information they may have concerning any other motions requesting transfer of any case that would be affected by the granting of the motion before the court.
(Subd (c) amended and relettered effective January 1, 2007; adopted as subd (b).)
(d) Findings and order.
If the court orders that the case or cases be transferred from another court, the order must specify the reasons supporting a finding that the transfer will promote the ends of justice, with reference to the following standards:
(1) The actions are not complex;
(2) Whether the common question of fact or law is predominating and significant to the litigation;
(3) The convenience of the parties, witnesses, and counsel;
(4) The relative development of the actions and the work product of counsel;
(5) The efficient utilization of judicial facilities and staff resources;
(6) The calendar of the courts;
(7) The disadvantages of duplicative and inconsistent rulings, orders, or judgments; and
(8) The likelihood of settlement of the actions without further litigation should coordination be denied.
(Subd (d) amended and relettered effective January 1, 2007; adopted as subd (c).)
(e) Moving party to provide copies of order.
If the court orders that the case or cases be transferred from another court, the moving party must promptly serve the order on all parties to each case and send it to the Judicial Council and to the presiding judge of the court from which each case is to be transferred.
(Subd (e) amended and relettered effective January 1, 2007; adopted as subd (d).)
(f) Moving party to take necessary action to complete transfer and consolidation.
If the court orders a case or cases transferred, the moving party must promptly take all appropriate action necessary to assure that the transfer takes place and that proceedings are initiated in the other court or courts to complete consolidation with the case pending in that court.
(Subd (f) amended and relettered effective January 1, 2007; adopted as subd (e).)
(g) Conflicting orders.
The Judicial Council's coordination staff must review all transfer orders submitted under (e) and must promptly confer with the presiding judges of any courts that have issued conflicting orders under Code of Civil Procedure section 403. The presiding judges of those courts must confer with each other and with the judges who have issued the orders to the extent necessary to resolve the conflict. If it is determined that any party to a case has failed to disclose information concerning pending motions, the court may, after a duly noticed hearing, find that the party's failure to disclose is an unlawful interference with the processes of the court.
(Subd (g) amended effective January 1, 2016; adopted as subd (f); previously amended and relettered as subd (g) effective January 1, 2007.)
(h) Alternative disposition of motion.
If after considering the motion the judge determines that the action or actions pending in another court should not be transferred to the judge's court but instead all the actions that are subject to the motion to transfer should be transferred and consolidated in another court, the judge may order the parties to prepare, serve, and file a motion to have the actions transferred to the appropriate court.
(Subd (h) amended and relettered effective January 1, 2007; adopted as subd (g).)
Rule 3.500 amended effective January 1, 2016; adopted as rule 1500 effective September 21, 1996; previously amended and renumbered as rule 3.500 effective January 1, 2007.