Simmons v. Superior Court
Petitioners Charles Simmons et al. (collectively “Simmons”), brought a toxic tort suit against real party in interest, Chevron USA, Inc., (Chevron), in Contra Costa Superior Court. Petitioners Rebecca Adams et al. (collectively “Adams”), filed a similar suit shortly thereafter. The Simmons and Adams plaintiffs share the same counsel. Plaintiffs in both cases seek mandamus relief ordering the superior court to grant their peremptory challenges, filed pursuant to Code of Civil Procedure section 170.6,[1] after the trial court denied the challenges as untimely. Upon our own motion, we hereby consolidate these related writ proceedings for purposes of disposition, and, for reasons explained below, grant mandamus relief as requested.

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