2009 California Code of Civil Procedure - Section 860-870.5 :: Chapter 9. Validating Proceedings

860.  A public agency may upon the existence of any matter which
under any other law is authorized to be determined pursuant to this
chapter, and for 60 days thereafter, 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 such matter. The
action shall be in the nature of a proceeding in rem.

861.  Jurisdiction of all interested parties may be had by
publication of summons pursuant to Section 6063 of the Government
Code 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 such
other counties as may be ordered by the court, and if there be no
such newspaper in any such county or counties then in some adjoining
county. In addition, prior to completion of such publication, the
agency shall, to the extent which the court finds reasonably
practicable, give notice of the pendency of the proceeding by mail or
other means ordered by the court.

861.1.  The summons shall be directed to "all persons interested in
the matter of [specifying the matter]," and shall 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, which date shall be 10 or more days after the completion of
publication of the summons. The summons shall provide a detailed
summary of the matter the public agency or other person seeks to
validate. The summons shall 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. Except as otherwise specified in this section the summons
shall be in the form prescribed in Section 412.20.

862.  Jurisdiction shall 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.

863.  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 by Section 860 to
determine the validity of such matter. The public agency shall be a
defendant and shall 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. In any such action the summons shall be in the form
prescribed in Section 861.1 except that in addition to being directed
to "all persons interested in the matter of [specifying the matter],"
it shall also be directed to the public agency. If the interested
person bringing such action fails to complete the publication and
such other notice as may be prescribed by the court in accordance
with Section 861 and to file proof thereof in the action within 60
days from the filing of his complaint, the action shall be forthwith
dismissed on the motion of the public agency unless good cause for
such failure is shown by the interested person.

864.  For purposes of this chapter, bonds, warrants, contracts,
obligations, and evidences of indebtedness shall be deemed to be in
existence upon their authorization. Bonds and warrants shall be
deemed authorized as of the date of adoption by the governing body of
the public agency of a resolution or ordinance authorizing their
issuance, and contracts shall be deemed authorized as of the date of
adoption by the governing body of the public agency of a resolution
or ordinance approving the contract and authorizing its execution.

865.  If more than one action is pending concerning similar contests
which may be brought under this chapter, they shall be consolidated
for trial.

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

867.  Actions brought pursuant to this chapter shall 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 such actions shall be speedily heard and
determined.

867.5.  (a) 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,
notwithstanding Section 863, 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.
   (b) Subdivision (a) is not applicable to a case in which a public
agency has by formal act rescinded the action on the matter subject
to validation.

868.  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.

869.  No contest except by the public agency or its officer or agent
of any thing or matter under this chapter shall be made other than
within the time and the manner herein specified. The availability to
any public agency, including any local agency, or to its officers or
agents, of the remedy provided by this chapter, shall not be
construed to preclude the use by such public agency or its officers
or agents, of mandamus or any other remedy to determine the validity
of any thing or matter.

870.  (a) The judgment, if no appeal is taken, or if taken and the
judgment is affirmed, shall, notwithstanding any other provision of
law including, without limitation, Sections 473 and 473.5, thereupon
become and thereafter be 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, and
the judgment shall permanently enjoin the institution by any person
of any action or proceeding raising any issue as to which the
judgment is binding and conclusive.
   (b) Notwithstanding any other provision of law including, without
limitation, Section 901 and any rule of court, no appeal shall be
allowed from any judgment entered pursuant to this chapter unless a
notice of appeal is filed within 30 days after the notice of entry of
the judgment, or, within 30 days after the entry of the judgment if
there is no answering party. If there is no answering party, only
issues related to the jurisdiction of the court to enter a judgment
in the action pursuant to this chapter may be raised on appeal.

870.5.  Any local public agency that pledges sales or retail
transaction and use tax revenues received from taxes imposed by
another public agency for bond payments or payment of other security
obligations shall, in any validation action it files involving those
bonds or other obligations, provide written notice thereof to the
public agency imposing the taxes pledged as security for the bonds or
other obligations at the time it files the validation action.