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AB-975 Public nuisance abatement: homeless encampments: attorney’s fees.(2023-2024)

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Date Published: 02/14/2023 09:00 PM
AB975:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 975

Introduced by Assembly Member Ta

February 14, 2023

An act to add Section 3497 to the Civil Code, relating to civil law.


LEGISLATIVE COUNSEL'S DIGEST


AB 975, as introduced, Ta. Public nuisance abatement: homeless encampments: attorney’s fees.
Existing law defines a nuisance, in part, as anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property and defines a public nuisance as one that affects an entire community, neighborhood, or any considerable number of persons at the same time. Existing law authorizes various remedies for nuisances, including remedies to effect abatement and damages. Existing law authorizes a court to award costs, including attorney’s fees, in specified cases brought by a government agency.
This bill would require a court to award attorney’s fees to a prevailing plaintiff in an action to require a governmental entity to abate a public nuisance arising from a homeless encampment.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3497 is added to the Civil Code, immediately following Section 3496, to read:

3497.
 A court shall award attorney’s fees to a prevailing plaintiff in an action to require a governmental entity to abate a public nuisance arising from a homeless encampment.