Bill > SB393

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.

Agriculture and Natural Resources, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202320240SB393