Validating Proceedings in California

Section 860 allows a public agency to bring an action in the superior court of the county in which the principal office of the public agency is located to determine the validity of the matter. The action is to be in the nature of a proceeding in rem.

Section 861 provides that jurisdiction of all interested parties may be had by publication of a summons in a newspaper of general circulation designated by the court, published in the county where the action is pending and whenever possible within the boundaries of the public agency, and in other counties as may be ordered by the court.

Section 861.1 requires the summons to be directed to “all persons interested in the matter of [specifying the matter],” and contain a notice to all persons interested in the matter that they may contest the legality or validity of the matter by appearing and filing a written answer to the complaint not later than the date specified in the summons.

The summons is required to provide a detailed summary of the matter the public agency or other person seeks to validate. The summons has to also state that persons who contest the legality or validity of the matter will not be subject to punitive action, such as wage garnishment or seizure of their real or personal property.

Section 862 requires jurisdiction to be complete after the date specified in the summons. Any party interested may, not later than the date specified in the summons, appear and contest the legality or validity of the matter sought to be determined.

Section 863 provides that, if no proceedings have been brought by the public agency pursuant to this chapter, any interested person may bring an action within the time and in the court specified to determine the validity of the matter. The public agency is to be a defendant and be served with the summons and complaint in the action in the manner provided by law for the service of a summons in a civil action.

Section 864 specifies that bonds, warrants, contracts, obligations, and evidences of indebtedness are to be deemed to be in existence upon their authorization. Bonds and warrants are deemed authorized as of the date of adoption by the governing body of the public agency of a resolution or ordinance authorizing their issuance.

Section 865 states that, if more than one action is pending concerning similar contests which may be brought under this chapter, they are to be consolidated for trial.

Section 866 requires the court hearing the action to disregard any error, irregularity, or omission which does not affect the substantial rights of the parties.

Section 867 requires actions to be given preference over all other civil actions before the court in the matter of setting the same for hearing or trial, and in hearing the same, to the end that the actions aree speedily heard and determined.

Section 867.5 states that, in the event that an action is brought by a public agency pursuant to this chapter, and that public agency later dismisses the action after any party has answered, then the party that answered may file an action pursuant to this chapter within 30 days after the public agency’s dismissal was filed by the court.

Section 868 says that the costs of any proceeding or action pursuant to this chapter may be allowed and apportioned between the parties or taxed to the losing party in the discretion of the court.

Section 869 states that no contest except by the public agency or its officer or agent of any thing or matter under this chapter is to be made other than within the time and the manner herein specified.

Section 870 specifies that the judgment, if no appeal is taken, or if taken and the judgment is affirmed, must become forever binding and conclusive as to all matters therein adjudicated or which at that time could have been adjudicated, against the agency and against all other persons. The judgment permanently enjoins the institution by any person of any action or proceeding raising any issue as to which the judgment is binding and conclusive.