Court Opinions

State Laws

US Code

US Constitution

California Code Of Civil Procedure Section 529.2

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 529.2

(a) In all civil actions, including, but not limited to,
actions brought pursuant to Section 21167 of the Public Resources
Code, brought by any plaintiff to challenge a housing project which
is a development project, as defined by Section 65928 of the
Government Code, and which meets or exceeds the requirements for low-
or moderate-income housing as set forth in Section 65915 of the
Government Code, a defendant may, if the bringing of the action or
the seeking by the plaintiff of particular relief including, but not
limited to, injunctions, has the effect of preventing or delaying the
project from being carried out, apply to the court by noticed motion
for an order requiring the plaintiff to furnish an undertaking as
security for costs and any damages that may be incurred by the
defendant by the conclusion of the action or proceeding as the result
of a delay in carrying out the development project.  The motion
shall be made  on the grounds that:  (1) 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,
and (2) the plaintiff will not suffer undue economic hardship by
filing the undertaking.
   (b) If the court, after hearing, determines that the grounds for
the motion have been established, the court shall order that the
plaintiff file the undertaking in an amount specified in the court's
order as security for costs and damages of the defendant.  The
liability of the plaintiff pursuant to this section for the costs and
damages of the defendant shall not exceed five hundred thousand
dollars ($500,000).
   (c) If at any time after the plaintiff has filed an undertaking
the housing development plan is changed by the developer in bad faith
so that it fails to meet or exceed the requirements for low- or
moderate-income housing as set forth in Section 65915 of the
Government Code, the developer shall be liable to the plaintiff for
the cost of obtaining the undertaking.

Last modified: January 12, 2009