Section § 860

Explanation

This law allows a public agency to ask a court to officially confirm the validity of a particular issue or matter that the agency is authorized to handle. The agency has 60 days to do this after recognizing the issue. The court action is focused on resolving the matter itself, rather than involving individuals directly.

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.

Section § 861

Explanation

This law explains how to notify everyone involved in a legal case when it takes place. It says that you can let people know by publishing a summons in a local newspaper chosen by the court, especially within the area where the public agency is involved. If there's no newspaper in that county, you can use one from a neighboring area. Also, before finishing the newspaper notices, the agency must try to inform people by mail or other methods as ordered by the court.

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.

Section § 861.1

Explanation

This law describes the contents and distribution of a legal summons for anyone interested in a particular legal matter. The summons needs to be directed to 'all persons interested' and include a notice that they can challenge the legality of the issue by filing a written response by a specific deadline—at least 10 days after the summons is published. It must summarize the issue being addressed and clarify that those who contest the matter won’t face penalties like wage garnishment or property seizure. The summons should generally follow a standard form, unless specified otherwise.

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.

Section § 862

Explanation

Once the deadline mentioned in the summons passes, the court's authority over the case is finalized. Before that deadline, anyone with a stake in the case can show up in court to challenge the legal issues in question.

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.

Section § 863

Explanation

This law allows any person with a vested interest to challenge the validity of a public agency's action if the agency hasn't already started a legal process on the matter. This must happen within a specific timeframe and court as stated in another section. The public agency becomes the defendant and must be formally notified. The person challenging must follow certain notification procedures, including publishing a notice, and prove they've done so on time. If not done within 60 days, the case gets dismissed unless there's a valid reason.

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.

Section § 864

Explanation

This law says that certain financial commitments like bonds, warrants, contracts, and debts are considered to exist as soon as they're officially approved. For bonds and warrants, they are authorized when the public agency's governing body adopts a resolution or law allowing their issuance. For contracts, they're authorized when a resolution or law approves the contract and allows it to be executed.

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.

Section § 865

Explanation

If there are multiple lawsuits about the same type of issue that can be dealt with under this law, they should be combined into a single trial.

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

Section § 866

Explanation

This law means that during a court case, the judge can ignore minor mistakes or missed steps if they don't actually impact the important rights of the people involved in the case.

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

Section § 867

Explanation

This law says that certain cases need to be heard faster than others in court. When these specific cases are scheduled for a hearing or trial, they get priority, meaning the court should deal with them quickly so they can be decided promptly.

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.

Section § 867.5

Explanation

If a government agency starts a legal action and then decides to drop the case after someone has responded, that person has 30 days to start their own case on the same issue. However, this rule doesn't apply if the agency officially cancels its decision on the matter being validated.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 867.5(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.

Section § 868

Explanation

This law section explains that the court has the power to decide who pays the legal costs in a case. The court can either split the costs between the parties involved or make the losing party pay all the costs, depending on what the court thinks is fair.

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

Explanation

This law section states that only a public agency or its representatives can contest matters under this chapter, and they must do so within a specific time and manner set by the rules in the chapter. It also says that even though the law provides a particular remedy for these agencies, they're not stopped from using other legal options, like a mandamus, to check if something is valid.

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.

Section § 870

Explanation

If a judgment is made and no one appeals, or it's confirmed on appeal, it becomes final and binding forever on everyone involved, preventing any future lawsuits on the same issues. To appeal such a judgment, you must file a notice within 30 days after it's entered. If there's no one opposing the appeal, you can only challenge whether the court had the right to make a decision at all.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 870(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.

Section § 870.5

Explanation

This law requires that if a local public agency in California wants to use tax revenues collected by another public agency to pay off bonds or other financial obligations, it must notify the agency that originally imposed the taxes when it starts any legal action to validate these financial arrangements.

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.