| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 678Introduced by Senator NielloFebruary 21, 2025 An act to add Section 529.3 to the Code of Civil Procedure, relating to civil actions, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTSB 678, as introduced, Niello. Fire prevention activities: challenges: undertaking.Existing law governs procedures for specified civil actions, including those brought pursuant to the California Environmental Quality Act. Existing law requires a plaintiff to furnish an undertaking as security for costs and damages that may be incurred by the defendant under certain circumstances, such as when the plaintiff challenges a low- or moderate-income housing development project for the purpose of delaying or thwarting the project.This bill would provide that, in a civil action brought to challenge a project that will engage in fire prevention activities, including those brought pursuant to the California Environmental Quality Act, 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 preventing or delaying the project. The bill would require the defendant to show that the action is without merit and that it was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the project. The bill would permit a plaintiff in responding to such a motion to request that the amount of the undertaking be limited because it would result in economic hardship, as specified. This bill would authorize the court to order an undertaking not to exceed $500,000 or to decline to require an undertaking if the court finds that it would cause the plaintiff to suffer undue economic hardship.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 529.3 is added to the Code of Civil Procedure, to read:529.3. (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 seeking to challenge a project which will engage in fire prevention activities, as defined by Section 4124 of the Public Resources 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 project. The motion shall be made on the grounds that the action is without merit and that the action was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the project.(b) In responding to a motion for undertaking, the plaintiff may seek to limit the amount of the undertaking by presenting admissible evidence that filing an undertaking will cause it, and in cases where the plaintiff is an unincorporated association, its members, to suffer undue economic hardship. 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 courts order, taking into consideration any admitted evidence of plaintiffs economic hardship and avoiding causing the plaintiff to suffer undue economic hardship, 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). If the court concludes, based on all of the admissible evidence presented, that a bond in any amount would cause the plaintiff to suffer undue economic hardship, the court is authorized in its discretion to decline to impose a bond.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to reduce the incidences and severity of catastrophic wildfire occurring throughout the State of California due to the excessive accumulation of untreated vegetation and timber, it is necessary that this act take effect immediately. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 678Introduced by Senator NielloFebruary 21, 2025 An act to add Section 529.3 to the Code of Civil Procedure, relating to civil actions, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTSB 678, as introduced, Niello. Fire prevention activities: challenges: undertaking.Existing law governs procedures for specified civil actions, including those brought pursuant to the California Environmental Quality Act. Existing law requires a plaintiff to furnish an undertaking as security for costs and damages that may be incurred by the defendant under certain circumstances, such as when the plaintiff challenges a low- or moderate-income housing development project for the purpose of delaying or thwarting the project.This bill would provide that, in a civil action brought to challenge a project that will engage in fire prevention activities, including those brought pursuant to the California Environmental Quality Act, 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 preventing or delaying the project. The bill would require the defendant to show that the action is without merit and that it was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the project. The bill would permit a plaintiff in responding to such a motion to request that the amount of the undertaking be limited because it would result in economic hardship, as specified. This bill would authorize the court to order an undertaking not to exceed $500,000 or to decline to require an undertaking if the court finds that it would cause the plaintiff to suffer undue economic hardship.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 678 |
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| 15 | 15 | | Introduced by Senator NielloFebruary 21, 2025 |
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| 17 | 17 | | Introduced by Senator Niello |
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| 18 | 18 | | February 21, 2025 |
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| 20 | 20 | | An act to add Section 529.3 to the Code of Civil Procedure, relating to civil actions, and declaring the urgency thereof, to take effect immediately. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 678, as introduced, Niello. Fire prevention activities: challenges: undertaking. |
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| 28 | 28 | | Existing law governs procedures for specified civil actions, including those brought pursuant to the California Environmental Quality Act. Existing law requires a plaintiff to furnish an undertaking as security for costs and damages that may be incurred by the defendant under certain circumstances, such as when the plaintiff challenges a low- or moderate-income housing development project for the purpose of delaying or thwarting the project.This bill would provide that, in a civil action brought to challenge a project that will engage in fire prevention activities, including those brought pursuant to the California Environmental Quality Act, 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 preventing or delaying the project. The bill would require the defendant to show that the action is without merit and that it was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the project. The bill would permit a plaintiff in responding to such a motion to request that the amount of the undertaking be limited because it would result in economic hardship, as specified. This bill would authorize the court to order an undertaking not to exceed $500,000 or to decline to require an undertaking if the court finds that it would cause the plaintiff to suffer undue economic hardship.This bill would declare that it is to take effect immediately as an urgency statute. |
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| 30 | 30 | | Existing law governs procedures for specified civil actions, including those brought pursuant to the California Environmental Quality Act. Existing law requires a plaintiff to furnish an undertaking as security for costs and damages that may be incurred by the defendant under certain circumstances, such as when the plaintiff challenges a low- or moderate-income housing development project for the purpose of delaying or thwarting the project. |
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| 32 | 32 | | This bill would provide that, in a civil action brought to challenge a project that will engage in fire prevention activities, including those brought pursuant to the California Environmental Quality Act, 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 preventing or delaying the project. The bill would require the defendant to show that the action is without merit and that it was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the project. The bill would permit a plaintiff in responding to such a motion to request that the amount of the undertaking be limited because it would result in economic hardship, as specified. This bill would authorize the court to order an undertaking not to exceed $500,000 or to decline to require an undertaking if the court finds that it would cause the plaintiff to suffer undue economic hardship. |
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| 34 | 34 | | This bill would declare that it is to take effect immediately as an urgency statute. |
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| 35 | 35 | | |
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| 36 | 36 | | ## Digest Key |
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| 38 | 38 | | ## Bill Text |
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| 40 | 40 | | The people of the State of California do enact as follows:SECTION 1. Section 529.3 is added to the Code of Civil Procedure, to read:529.3. (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 seeking to challenge a project which will engage in fire prevention activities, as defined by Section 4124 of the Public Resources 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 project. The motion shall be made on the grounds that the action is without merit and that the action was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the project.(b) In responding to a motion for undertaking, the plaintiff may seek to limit the amount of the undertaking by presenting admissible evidence that filing an undertaking will cause it, and in cases where the plaintiff is an unincorporated association, its members, to suffer undue economic hardship. 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 courts order, taking into consideration any admitted evidence of plaintiffs economic hardship and avoiding causing the plaintiff to suffer undue economic hardship, 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). If the court concludes, based on all of the admissible evidence presented, that a bond in any amount would cause the plaintiff to suffer undue economic hardship, the court is authorized in its discretion to decline to impose a bond.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to reduce the incidences and severity of catastrophic wildfire occurring throughout the State of California due to the excessive accumulation of untreated vegetation and timber, it is necessary that this act take effect immediately. |
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| 42 | 42 | | The people of the State of California do enact as follows: |
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| 44 | 44 | | ## The people of the State of California do enact as follows: |
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| 46 | 46 | | SECTION 1. Section 529.3 is added to the Code of Civil Procedure, to read:529.3. (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 seeking to challenge a project which will engage in fire prevention activities, as defined by Section 4124 of the Public Resources 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 project. The motion shall be made on the grounds that the action is without merit and that the action was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the project.(b) In responding to a motion for undertaking, the plaintiff may seek to limit the amount of the undertaking by presenting admissible evidence that filing an undertaking will cause it, and in cases where the plaintiff is an unincorporated association, its members, to suffer undue economic hardship. 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 courts order, taking into consideration any admitted evidence of plaintiffs economic hardship and avoiding causing the plaintiff to suffer undue economic hardship, 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). If the court concludes, based on all of the admissible evidence presented, that a bond in any amount would cause the plaintiff to suffer undue economic hardship, the court is authorized in its discretion to decline to impose a bond. |
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| 48 | 48 | | SECTION 1. Section 529.3 is added to the Code of Civil Procedure, to read: |
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| 50 | 50 | | ### SECTION 1. |
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| 52 | 52 | | 529.3. (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 seeking to challenge a project which will engage in fire prevention activities, as defined by Section 4124 of the Public Resources 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 project. The motion shall be made on the grounds that the action is without merit and that the action was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the project.(b) In responding to a motion for undertaking, the plaintiff may seek to limit the amount of the undertaking by presenting admissible evidence that filing an undertaking will cause it, and in cases where the plaintiff is an unincorporated association, its members, to suffer undue economic hardship. 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 courts order, taking into consideration any admitted evidence of plaintiffs economic hardship and avoiding causing the plaintiff to suffer undue economic hardship, 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). If the court concludes, based on all of the admissible evidence presented, that a bond in any amount would cause the plaintiff to suffer undue economic hardship, the court is authorized in its discretion to decline to impose a bond. |
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| 54 | 54 | | 529.3. (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 seeking to challenge a project which will engage in fire prevention activities, as defined by Section 4124 of the Public Resources 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 project. The motion shall be made on the grounds that the action is without merit and that the action was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the project.(b) In responding to a motion for undertaking, the plaintiff may seek to limit the amount of the undertaking by presenting admissible evidence that filing an undertaking will cause it, and in cases where the plaintiff is an unincorporated association, its members, to suffer undue economic hardship. 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 courts order, taking into consideration any admitted evidence of plaintiffs economic hardship and avoiding causing the plaintiff to suffer undue economic hardship, 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). If the court concludes, based on all of the admissible evidence presented, that a bond in any amount would cause the plaintiff to suffer undue economic hardship, the court is authorized in its discretion to decline to impose a bond. |
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| 56 | 56 | | 529.3. (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 seeking to challenge a project which will engage in fire prevention activities, as defined by Section 4124 of the Public Resources 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 project. The motion shall be made on the grounds that the action is without merit and that the action was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the project.(b) In responding to a motion for undertaking, the plaintiff may seek to limit the amount of the undertaking by presenting admissible evidence that filing an undertaking will cause it, and in cases where the plaintiff is an unincorporated association, its members, to suffer undue economic hardship. 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 courts order, taking into consideration any admitted evidence of plaintiffs economic hardship and avoiding causing the plaintiff to suffer undue economic hardship, 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). If the court concludes, based on all of the admissible evidence presented, that a bond in any amount would cause the plaintiff to suffer undue economic hardship, the court is authorized in its discretion to decline to impose a bond. |
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| 60 | 60 | | 529.3. (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 seeking to challenge a project which will engage in fire prevention activities, as defined by Section 4124 of the Public Resources 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 project. The motion shall be made on the grounds that the action is without merit and that the action was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the project. |
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| 62 | 62 | | (b) In responding to a motion for undertaking, the plaintiff may seek to limit the amount of the undertaking by presenting admissible evidence that filing an undertaking will cause it, and in cases where the plaintiff is an unincorporated association, its members, to suffer undue economic hardship. 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 courts order, taking into consideration any admitted evidence of plaintiffs economic hardship and avoiding causing the plaintiff to suffer undue economic hardship, 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). If the court concludes, based on all of the admissible evidence presented, that a bond in any amount would cause the plaintiff to suffer undue economic hardship, the court is authorized in its discretion to decline to impose a bond. |
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| 64 | 64 | | SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to reduce the incidences and severity of catastrophic wildfire occurring throughout the State of California due to the excessive accumulation of untreated vegetation and timber, it is necessary that this act take effect immediately. |
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| 66 | 66 | | SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to reduce the incidences and severity of catastrophic wildfire occurring throughout the State of California due to the excessive accumulation of untreated vegetation and timber, it is necessary that this act take effect immediately. |
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| 68 | 68 | | SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: |
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| 70 | 70 | | ### SEC. 2. |
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| 72 | 72 | | In order to reduce the incidences and severity of catastrophic wildfire occurring throughout the State of California due to the excessive accumulation of untreated vegetation and timber, it is necessary that this act take effect immediately. |
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