California Legislature—2015–16 Regular Session

Assembly BillNo. 2801


Introduced by Assembly Member Gallagher

February 19, 2016


An act to amend Section 869 of the Code of Civil Procedure, relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 2801, as introduced, Gallagher. Civil procedure: validation actions.

Existing law authorizes a public agency to bring an action in court to determine the validity of certain matters within 60 days of the existence of the matter, as specified. If the public agency does not bring this action, existing law authorizes any interested person to bring the same action in court to determine the validity within 60 days of the existence of the matter, as specified. Existing law prohibits a contest of any thing or matter under these provisions from being made other than within the specified time and manner, except by the public agency or its officer or agent.

This bill would delete the prohibition on a contest of any thing or matter under these provisions being made other than within the specified time and manner, except by the public agency or its officer or agent.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 869 of the Code of Civil Procedure is
2amended to read:

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869.  

begin deleteNo contest except by the public agency or its officer or
2agent of any thing or matter under this chapter shall be made other
3than within the time and the manner herein specified. end delete
The
4availability tobegin delete anyend deletebegin insert aend insert public agency, includingbegin delete anyend deletebegin insert aend insert local agency,
5or to its officers or agents, of the remedy provided by this chapter,
6shall not be construed to preclude the use bybegin delete suchend deletebegin insert theend insert public agency
7or its officers or agents, of mandamus or any other remedy to
8determine the validity of any thing or matter.



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