Today's Law As Amended

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SB-659 California Environmental Quality Act: attorney’s fees: infill housing.(2019-2020)



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:
(1) The party is a prevailing party, as defined in Section 1032 of the Code of Civil Procedure.
(2) The petitioner used actions, tactics, or claims that were both of the following:
(A) Made in bad faith.
(B) Frivolous or intended to cause unnecessary delay.
(b) This section only applies to an action or proceeding related to a project involving the development of housing at an infill site.
(c) The Judicial Council shall adopt a rule of court to implement this section.