BILL ANALYSIS
AB 2814
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2814 (Simitian)
As Amended August 9, 2004
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |48-27|(May 24, 2004) |SENATE: |22-11|(August 16, |
| | | | | |2004) |
-----------------------------------------------------------------
Original Committee Reference: NAT. RES.
SUMMARY : Narrows the grounds for dismissal of litigation
brought under the California Environmental Quality Act (CEQA).
Specifically, this bill clarifies existing law by specifying
that the failure to name potential parties to CEQA litigation,
other than a real party in interest (that is, a person who
received an approval under CEQA), is not grounds for dismissing
the action.
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.
Analysis Prepared by : Jeff Arthur / NAT. RES. / (916) 319-2092
FN: 0007572