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CA SB1163

Bill

Status

Introduced

2/22/2012

Primary Sponsor

Mimi Walters

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Requires alleged aggrieved parties to provide written notice to property owners before filing special access violation lawsuits, specifying the alleged violations with sufficient detail for identification.

  • Gives property owners 30 days to respond by either committing to make improvements, challenging the violation's validity, or stating corrections have already been made.

  • Provides property owners 120 days to remedy violations if they commit to improvements; alleged aggrieved parties cannot sue during this cure period.

  • Prohibits plaintiffs from recovering damages or attorney's fees (except special damages) if property owners complete improvements, and requires courts to consider prior damage awards to the same plaintiff for identical or similar injuries.

  • Takes effect immediately as an urgency statute and expresses legislative intent to educate business owners and municipalities about special access law requirements.

Legislative Description

Special access: liability.

Last Action

Set, first hearing. Failed passage in committee. (Ayes 2. Noes 3. Page 3459.)

5/8/2012

Committee Referrals

Judiciary3/1/2012
Rules2/22/2012

Full Bill Text

No bill text available