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Bill > SB393


CA SB393

Civil actions: housing development projects.


summary

Introduced
02/09/2023
In Committee
08/26/2024
Crossed Over
05/15/2023
Passed
08/30/2024
Dead
Signed/Enacted/Adopted
09/19/2024

Introduced Session

2023-2024 Session

Bill Summary

An act to amend Section 529.2 of the Code of Civil Procedure, relating to civil actions.

AI Summary

This bill amends Section 529.2 of the Code of Civil Procedure, which allows a defendant in a civil action challenging a housing development project that meets or exceeds low- or moderate-income housing requirements to seek an order requiring the plaintiff to provide an undertaking (a type of bond) as security for the defendant's costs and damages. The bill modifies the grounds for seeking the undertaking, requiring the action to be "without merit" and brought "in bad faith, vexatiously, for the purpose of delay, or to thwart the low- or moderate-income nature of the housing development project." The bill also allows the plaintiff to seek to limit the undertaking amount by presenting evidence that it would cause the plaintiff undue economic hardship, and requires the court to consider that evidence and avoid causing such hardship when setting the undertaking amount. The bill also authorizes the court to decline to impose a bond if it would cause the plaintiff undue economic hardship.

Committee Categories

Agriculture and Natural Resources, Justice

Sponsors (6)

Last Action

Chaptered by Secretary of State. Chapter 285, Statutes of 2024. (on 09/19/2024)

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