California Code of Civil Procedure

§ 838

CCP § 838 Effective Jan 1, 2016Title 10 · Part 2 · Ch. 7 · Art. 5

Statute text

(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.

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Legislative history

Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.