Judge

Cal. CCP § 838

California Statutes

(a)

(1) In a comprehensive adjudication conducted pursuant to this chapter, a judge of a superior court of a county that overlies the basin or any portion of the basin shall be disqualified. The Chairperson of the Judicial Council shall assign a judge to preside in all proceedings in the comprehensive adjudication.

(2) A judge of the superior court in which an action is filed may, on the court’s own motion or the motion of a party, determine if the action is a comprehensive adjudication under

Section 833. A motion for a determination pursuant to this paragraph shall receive calendar preference within the action and shall be resolved before other procedural or dispositive motions. (

b) A comprehensive adjudication is presumed to be a complex action under Rule 3.400 of the California Rules of Court. (

c) Sections 170.6 and shall not apply in a comprehensive adjudication. (

d) Notwithstanding subdivision (

b) of

Section 10726.6 of the Water Code, an action against a groundwater sustainability agency that is located in a basin that is being adjudicated pursuant to this

chapter shall be subject to transfer, coordination, and consolidation with the comprehensive adjudication, as appropriate, if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agency’s compliance with the timelines in the Sustainable Groundwater Management Act. (

e) The judge assigned by the Chairperson of the Judicial Council pursuant to subdivision (

a) shall determine if transfer, coordination, or consolidation is appropriate.

Document details

CollectionCalifornia Statutes
CitationCal. CCP § 838
Date2016-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCCP838.20156721

Judge

Cal. CCP § 838

California Statutes

Judge

Cal. CCP § 838

California Statutes

(a)

(1) In a comprehensive adjudication conducted pursuant to this chapter, a judge of a superior court of a county that overlies the basin or any portion of the basin shall be disqualified. The Chairperson of the Judicial Council shall assign a judge to preside in all proceedings in the comprehensive adjudication.

(2) A judge of the superior court in which an action is filed may, on the court’s own motion or the motion of a party, determine if the action is a comprehensive adjudication under

Section 833. A motion for a determination pursuant to this paragraph shall receive calendar preference within the action and shall be resolved before other procedural or dispositive motions. (

b) A comprehensive adjudication is presumed to be a complex action under Rule 3.400 of the California Rules of Court. (

c) Sections 170.6 and shall not apply in a comprehensive adjudication. (

d) Notwithstanding subdivision (

b) of

Section 10726.6 of the Water Code, an action against a groundwater sustainability agency that is located in a basin that is being adjudicated pursuant to this

chapter shall be subject to transfer, coordination, and consolidation with the comprehensive adjudication, as appropriate, if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agency’s compliance with the timelines in the Sustainable Groundwater Management Act. (

e) The judge assigned by the Chairperson of the Judicial Council pursuant to subdivision (

a) shall determine if transfer, coordination, or consolidation is appropriate.

Document details

CollectionCalifornia Statutes
CitationCal. CCP § 838
Date2016-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCCP838.20156721
Judge | CaseLite