BILL ANALYSIS
AB 2814
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ASSEMBLY THIRD READING
AB 2814 (Simitian)
As Amended April 26, 2004
Majority vote
NATURAL RESOURCES 8-2
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|Ayes:|Jackson, Hancock, Harman, | | |
| |Koretz, Laird, Lieber, | | |
| |Lowenthal, Wolk | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|La Malfa, Keene | | |
| | | | |
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SUMMARY : Narrows the category of persons required to be named
as a real party in interest in litigation under the California
Environmental Quality Act (CEQA). Specifically, this bill
clarifies existing law by requiring that the plaintiff name, as
a real party in interest, and serve the complaint on, "each
person that applied for and received an approval," rather than
"any recipient of an approval," that is the subject of the
litigation.
FISCAL EFFECT : None
COMMENTS : A "real party in interest" is someone who will
benefit from the outcome of litigation, but is neither the
plaintiff nor the defendant. Equitable principals, reflected in
the "indispensable party rule," seek to assure that the person
who will actually be affected by litigation is adequately
notified so he or she can participate in the litigation. The
provision of CEQA proposed to be amended by this bill, as well
as numerous other statutes, specify which persons are
indispensable parties and must be named and served in
litigation. This bill narrows the category of persons who must
be named as a real party in interest in litigation under CEQA
from a potentially large group of persons who might be remotely
or theoretically involved in the CEQA approval to only those who
actually applied for and received the CEQA approval that is
being litigated.
Analysis Prepared by : Jeff Arthur / NAT. RES. / (916) 319-2092
AB 2814
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FN: 0005136