Steve Glazer
- Democratic
- Senator
- District 7
Author
Existing law provides that in a civil action brought by a plaintiff to challenge a housing development project that meets or exceeds the requirements for low- or moderate-income housing, a defendant may seek an order requiring the plaintiff to furnish an undertaking as security for costs and damages that may be incurred by the defendant if the bringing of the action or seeking by the plaintiff of particular relief, including injunctive relief, would result in a delay in carrying out the development project. Existing law requires this motion to be made on the grounds that (1) the action was brought in bad faith, vexatiously, to delay or thwart the low- or moderate-income nature of the housing development project and (2) the plaintiff will not suffer undue economic hardship by filing the undertaking. If the court determines, after hearing, that the grounds for the motion have been established, existing law requires the court to order the plaintiff to file an undertaking that may not exceed $500,000 as security for the defendant's costs and damages. This bill would require the motion described above to be made solely on the ground that the action was 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 would permit the plaintiff, in responding to the motion, to seek to limit the amount of the undertaking by presenting evidence that filing the undertaking will cause the plaintiff to suffer undue economic hardship. The bill would require the court, in ordering the plaintiff to file such an undertaking, to take into consideration admitted evidence of the plaintiff's economic hardship and to avoid causing the plaintiff to suffer such hardship. The bill would authorize the court to decline to impose a bond on the plaintiff if the court determines that, based on the evidence, the bond would cause the plaintiff to suffer undue economic hardship.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 0.) (July 2).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Re-referred to Com. on JUD. pursuant to Assembly Rule 96.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.
Assembly Rule 56 suspended.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 32. Noes 0. Page 1077.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 8. Noes 0. Page 1011.) (May 2).
Set for hearing May 2.
April 18 hearing postponed by committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing April 18.
Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 0. Page 353.) (March 15).
Set for hearing March 15.
From printer. May be acted upon on or after March 12.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB393 | HTML |
| 02/09/23 - Introduced | |
| 03/21/23 - Amended Senate | |
| 04/10/23 - Amended Senate | |
| 05/04/23 - Amended Senate | |
| 06/19/23 - Amended Assembly | |
| 06/03/24 - Amended Assembly | |
| 06/17/24 - Amended Assembly |
| Document | Format |
|---|---|
| 03/14/23- Senate Environmental Quality | |
| 04/28/23- Senate Judiciary | |
| 05/11/23- Sen. Floor Analyses | |
| 06/28/24- Assembly Judiciary |
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