BILL NUMBER: AB 2049	CHAPTERED
	BILL TEXT

	CHAPTER   529
	FILED WITH SECRETARY OF STATE   SEPTEMBER 17, 1998
	APPROVED BY GOVERNOR   SEPTEMBER 16, 1998
	PASSED THE ASSEMBLY   AUGUST 11, 1998
	PASSED THE SENATE   AUGUST 6, 1998
	AMENDED IN SENATE   JULY 29, 1998

INTRODUCED BY   Assembly Member Firestone

                        FEBRUARY 18, 1998

   An act to amend Section 861.1 of the Code of Civil Procedure,
relating to validating proceedings.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2049, Firestone.  Validating proceedings.
   Existing law permits a public agency, or, where the public agency
fails to act, any interested person, to bring an action in the
superior court to determine the validity of certain government
actions or obligations.  Jurisdiction in these matters is established
by publication of a summons in a newspaper of general circulation
designated by the court, in the county where the action is pending,
within the boundaries of the public agency, and in other counties as
ordered by the court.
   Existing law sets forth the contents of the summons and requires
that the summons contain a notice to all persons interested in the
matter to appear and answer the complaint not later than the date
specified in the summons.
   This bill would revise the notice contained in the summons to
inform persons interested in the matter that they may contest the
legality or validity of the matter by appearing and filing a written
answer to the complaint, as specified. This bill would also require
the summons to contain a detailed summary of the matter the public
agency or other person seeks to validate, and would require the
summons to state that persons who contest the legality or validity of
the matter will not be subject to punitive action.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 861.1 of the Code of Civil Procedure is amended
to read:
   861.1.  The summons shall be directed to "all persons interested
in the matter of (specifying the matter)," and shall contain a notice
to all persons interested in the matter that they may contest the
legality or validity of the matter by appearing and filing a written
answer to the complaint not later than the date specified in the
summons, which date shall be 10 or more days after the completion of
publication of the summons.  The summons shall provide a detailed
summary of the matter the public agency or other person seeks to
validate.  The summons shall also state that persons who contest the
legality or validity of the matter will not be subject to punitive
action, such as wage garnishment or seizure of their real or personal
property.  Except as otherwise specified in this section  the
summons shall be in the form prescribed in Section 412.20.