The presiding judge of any court in which there is pending an action sharing a common question of fact or law with actions coordinated pursuant to Section 404, on the court's own motion or the motion of any party supported by an affidavit stating facts showing that the action meets the standards specified in Section 404.1, or all the parties plaintiff or defendant in any such action, supported by an affidavit stating facts showing that the action meets the standards specified in Section 404.1, may request the judge assigned to hear the coordinated actions for an order coordinating the action. Coordination of the action shall be determined under the standards specified in Section 404.1.
§ 404.4.Requesting Judge Assigned to Hear Coordinated Actions to Order Coordinating Pending Action
Title 4. Of the Place of Trial, Reclassification, and Coordination of Civil Actions · Chapter 3. Coordination · Last amended 1996 · Last verified July 28, 2026
In one sentence§ 404.4 lets a presiding judge, on the court's own motion or a party's or all-plaintiffs'-or-defendants' motion backed by an affidavit meeting § 404.1's standards, ask the judge already assigned to a coordinated proceeding to fold in another pending action sharing the same common question.
Full Text of § 404.4
Plain-English Summary
Coordination is not limited to the actions named in the original petition. Under § 404.4, the presiding judge of a court where a related action is pending -- acting on the court's own motion, a party's motion, or the motion of all the plaintiffs or all the defendants, each supported by an affidavit meeting the § 404.1 standards -- may ask the judge assigned to the coordinated actions to bring that additional action in. Whether it is added is decided under the same § 404.1 standards.
Unlike the original coordination petition in § 404, this is a direct request to the judge already assigned to the coordinated actions, not a fresh petition to the Chairperson of the Judicial Council.
Frequently Asked Questions
Can a new lawsuit be added to an existing coordinated proceeding later?
Yes -- the presiding judge where it is pending can request the coordination judge to add it, based on an affidavit meeting the § 404.1 standards.
What must the supporting affidavit show?
That the action meets the same coordination standards set out in § 404.1.
Amendment History
Amended by Stats. 1996, Ch. 713, Sec. 6. Effective September 23, 1996.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: add case to coordinated proceeding californiajoin existing coordination california lawsuit