Cal. Code Civ. Proc. § 838

Current through the 2022 Legislative Session.
Section 838 - Assignment of judge
(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 394 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.

Ca. Civ. Proc. Code § 838

Added by Stats 2015 ch 672 (AB 1390),s 1, eff. 1/1/2016.