Civil actions: provisional remedies: injunctions.
Summary
Existing law provides that a citizen resident or corporation who is assessed for and is liable to pay, or within one year before the commencement of the action, has paid, a tax in a county, town, city, or city and county may maintain an action to obtain a judgment restraining and preventing an illegal expenditure of, waste of, or injury to the estate, funds, or other property of the political subdivision, as specified. The California Supreme Court in Weatherford v. City of San Rafael (2017) 2 Cal.5th 1241 held that this tax was not restricted to payment of a property tax. This bill would expand the scope of an action described above by permitting the action to be maintained against a "local agency," defined as a city, town, county, or city and county, or a district, public authority, or any other political subdivision in the state. The bill would allow any resident of the local agency to maintain an action under those circumstances. The bill would further clarify that a tax that funds the defendant local agency is sufficient to confer standing as a taxpayer, including, but not limited to, an income tax, a sales and use tax or transaction and use tax initially paid by a consumer to a retailer, a property tax, or a business license tax. The bill would define "resident" for these purposes to mean a person who lives, works, owns property, or attends school in the jurisdiction of the defendant local agency.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2018
Committee Review
Aug 2018
Assembly Passage
Apr 2018
Senate Passage
Aug 2018
Signed into Law
Sep 2018
Introduced Feb 14, 2018
Signed Sep 10, 2018
Floor votes · Senate Aug 21, 2018 · Assembly Apr 19, 2018
How they voted
31–0
Passed · 1 other
Total votes 32
Aug 21, 2018
D
Democratic21
95% Yea
R
Republican11
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
26
Key actions
9
Committee
6
Amendments
5
Sep 10, 2018
Signed into law
Approved by the Governor.
legislature
Aug 27, 2018
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6623.).
lower
Aug 22, 2018
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.
lower
Aug 21, 2018
Senate · Passed
Senate Vote: pass (31-0-1)
senate
Jul 5, 2018
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Jun 13, 2018
Upper · Passed
From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (June 12).
upper
May 29, 2018
Upper · Passed
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
May 3, 2018
Committee
Referred to Com. on JUD.
upper
Apr 19, 2018
Assembly · Passed
Assembly Vote: pass (58-0-11)
assembly
Apr 11, 2018
Lower · Passed
From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (April 10).
lower
Mar 20, 2018
Committee
Re-referred to Com. on JUD.
lower
Mar 19, 2018
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Mar 19, 2018
Committee
Referred to Com. on JUD.
lower
Feb 15, 2018
Lower · Passed
From printer. May be heard in committee March 17.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Mark Stone
DDemocratic
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