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California Code, Code of Civil Procedure - CCP § 840

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) In managing a comprehensive adjudication, the court shall do both of the following:

(1) Convene a case management conference as provided by the California Rules of Court.

(2) In an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), manage the case in accordance with Section 10737.2 of the Water Code.

(b) In an initial case management conference, or as soon as practicable, the court may consider the following in addition to other matters:

(1) Determining whether to seek adjustment of the basin boundaries pursuant to Section 841.

(2) Staying the action pursuant to Section 848.

(3) Appointing a special master pursuant to Section 845.

(4) Scheduling a hearing on a preliminary injunction pursuant to Section 847.

(5) Dividing the case into phases to resolve legal and factual issues.

(6) Issuing orders to ensure that issues resolved in one phase are not relitigated in another phase.

(7) Limiting discovery to correspond to the phases.

(8) Scheduling early resolution of claims to prescriptive rights.

(9) Forming a class or classes of overlying groundwater rights holders pursuant to the criteria specified in Section 382.

(c) After a plaintiff files with the court a notice of completion of the mailing required by Section 836, the court shall, as soon as practicable, hold a hearing to determine whether to exempt or treat separately those claimants who extract or divert only minor quantities of water, as described in Section 833.  If the court determines that certain claimants shall be exempted from, or treated separately from, other parties, the court shall establish an appropriate procedure for the registration and administration of such claims.

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Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP § 840 - last updated January 01, 2025 | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-840/

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