Fire prevention activities: challenges: undertaking.
Vote required
Two Thirds
Fiscal committee
No
Appropriation
No
Current location
Appropriations
Take action
Record your position on this measure.
Create an account to take a stance, submit a written position, or contact your legislator.
Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill creates a process for defendants in civil lawsuits challenging projects involving fire prevention activities to request an undertaking from the plaintiff. If the lawsuit is causing a delay or preventing the project, the defendant can ask the court to require the plaintiff to provide security for potential costs and damages. The court can limit the amount of the undertaking, especially if it would cause the plaintiff significant economic hardship.
Key provisions
- Defendants can request an undertaking from plaintiffs challenging projects with fire prevention activities.
- The undertaking is required if the lawsuit prevents or delays the project.
- Defendants must demonstrate the lawsuit is without merit and brought in bad faith.
- Plaintiffs can request the undertaking amount be limited due to economic hardship.
- The court can limit the undertaking to a maximum of $500,000.
- The court can decline to require an undertaking if it would cause undue economic hardship to the plaintiff.
- The liability of the plaintiff is capped at $500,000.
Who is affected
- Individuals and businesses involved in projects requiring fire prevention activities.
- Plaintiffs who challenge projects involving fire prevention.
- Defendants in civil lawsuits related to fire prevention projects.
- Courts reviewing civil actions.
- California residents and businesses impacted by wildfires.
Bill text
Read the latest version inline or switch to a previous version.
Text extraction is in progress. View the official source.
Sponsors
Official sponsors from legislative records.
1 on record
Primary sponsor
Arguments
Reasons offered for and against this legislation.
Arguments in favor
No arguments in favor have been submitted.
Submit yoursArguments opposed
No arguments opposed have been submitted.
Submit yours