Bill Text: CA SB659 | 2019-2020 | Regular Session | Amended
Bill Title: California Environmental Quality Act: attorney’s fees: infill housing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB659 Detail]
Download: California-2019-SB659-Amended.html
Amended
IN
Senate
May 06, 2019 |
Amended
IN
Senate
April 29, 2019 |
Amended
IN
Senate
March 27, 2019 |
Senate Bill | No. 659 |
Introduced by Senator Borgeas |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would authorize a court, in an action or proceeding brought under CEQA on a project involving the development of housing at an infill site, to award reasonable attorney’s fees to a prevailing respondent or real party in interest if the court finds the petitioner used actions, tactics, or claims, made unreasonably or in bad faith, that are frivolous or intended to cause unnecessary delay.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 21175 is added to the Public Resources Code, to read:21175.
(a) The court may, upon motion of a party, award reasonable attorney’s fees to the party in an action or proceeding filed pursuant to this division if the court finds that all of the following apply:(a)The court may, upon motion of a party, award reasonable attorney’s fees to a prevailing party, as defined in Section 1032 of the Code of Civil Procedure, that is the respondent or real party in interest in an action or proceeding filed pursuant to this division if the court finds the petitioner used actions, tactics, or claims, made unreasonably or in bad faith, that are frivolous or intended to cause unnecessary
delay.
If the respondent and real party in interest prevail on some, but not all, of the claims made in the action or proceeding, the court shall determine the reasonable attorney’s fee based on the relative percentage of each claim on which the respondent and real party in interest prevail relative to the entirety of the action or proceeding.
(b)This section only applies to an action or proceeding related to a project involving the development of housing at an infill site.