SB 1344: Civil actions: housing development projects. - California

08/30/26 - Enrolled → SB1344 · 3 edits

MINOR

This diff reflects a change in document format rather than a change in policy content. The bill text was converted from a formal enrolled legislative document (with page numbers, certification blocks, and chapter headings) into a web page layout for the California Legislature website, adding navigation menus, search tools, and bill metadata. The substantive provisions of SB 1344 remain identical in both versions.

TECHNICAL

The document was reformatted from an enrolled legislative bill (with formal certification language, page numbers, and chapter structure) into a web page display format with navigation elements, quick search, version history, and metadata panels.

Formal enrollment certification language was removed, including the Secretary of the Senate signature block, Chief Clerk of the Assembly signature block, Governor's receipt notation, and the 'CHAPTER' heading.

Web page elements were added including navigation menus (home, accessibility, FAQ, sitemap, login), a quick search box, bill version history links, status timeline, and sharing options.

08/18/26 - Amended Assembly → 08/30/26 - Enrolled · 5 edits · Aug 30, 2026

MODERATE

The changes between the Amended Assembly version and the Enrolled version of SB 1344 are entirely procedural and formatting-related. The bill's substantive legal text (Sections 425.21, 529.2, 2.5, 904.1, and 4) is identical in both versions. The differences consist of updated header information reflecting the bill's passage by both chambers, removal of introduction and coauthor details, removal of the fiscal committee vote line, adjusted pagination, and addition of the Governor's approval block at the end.

TECHNICAL

Header changed from amendment dates to passage dates: Senate passed August 27, 2026, Assembly passed August 26, 2026

Removed 'Introduced by Senator Cabaldon (Principal coauthor: Senator Umberg)' and the original introduction date of February 20, 2026

Removed the fiscal information line: 'Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.'

Added Governor's approval block at the end of the enrolled bill

Page numbers adjusted from 96 to 95 throughout, and line-number annotations removed in favor of clean text formatting

06/03/26 - Amended Assembly → 08/18/26 - Amended Assembly · 5 edits · Aug 18, 2026

MODERATE

The August 18 amendment to SB 1344 adds a new Section 2.5 that incorporates changes proposed by SB 916, creating a combined version of Code of Civil Procedure Section 529.2 that extends the anti-SLAPP and undertaking provisions to student housing projects owned by public universities. It also removes a mandatory 30-day hearing scheduling requirement from the special motion to strike procedure in Section 425.21 and adds a coordination mechanism (new Section 4) so that if both SB 1344 and SB 916 are enacted, only one version of Section 529.2 takes effect.

SCOPE

New Section 2.5 adds 'student housing project' as a third category of covered housing under Code of Civil Procedure Section 529.2, defined as housing facilities occupied by students of one or more campuses and owned by a public university, including dining, academic, and student support service spaces.

TECHNICAL

New Section 4 establishes a coordination rule: if both SB 1344 and SB 916 are enacted by January 1, 2027, both amend Section 529.2, and SB 1344 is enacted after SB 916, then the combined Section 2.5 becomes operative and the original Section 2 does not.

Fixed garbled text in Section 425.21(b)(1)(3) changing 'The special motion shall may be filed... unless the court permits, at petition or, in the court's discretion' to the cleaner 'The special motion may be filed... or, in the court's discretion.'

REQUIREMENT

In the combined Section 2.5 version, the liability cap for plaintiff's undertaking is set at $1,000,000 (from SB 1344) rather than the $500,000 proposed by SB 916, as shown in the amendment markup.

Removed the requirement that the clerk schedule a hearing on the special motion to strike within 30 days of service (unless docket conditions require later), from Section 425.21(b)(1)(3).

03/25/26 - Amended Senate → 06/03/26 - Amended Assembly · 4 edits · Jun 3, 2026

MODERATE

The Assembly amended SB 1344 primarily by doubling the maximum bond liability for plaintiffs challenging priority housing and care development projects from $500,000 to $1,000,000, and by making the 60-day filing deadline for special motions to strike permissive rather than mandatory. These changes make it more costly and procedurally flexible for defendants to defend against challenges to these projects, potentially discouraging litigation. Remaining changes are largely drafting cleanups and clarifications.

FISCAL

The maximum liability cap for plaintiffs who must post an undertaking bond under Section 529.2 was doubled from $500,000 to $1,000,000. This means a plaintiff challenging a priority housing or care development project could now be ordered to post up to twice as much in security for the defendant's costs and damages.

TIMELINE

The 60-day deadline for filing a special motion to strike under Section 425.21 was changed from mandatory ('shall be filed') to permissive language, giving defendants more flexibility in timing their anti-SLAPP-style motions. The court retains discretion to allow later filing.

SCOPE

In Section 529.2(d), the phrase 'housing development plan' was changed to 'development plan,' slightly broadening the provision that makes a developer liable for the plaintiff's bond costs if the plan is changed in bad faith after the bond is posted.

DEFINITION

The legislative findings in Section 425.21 were updated to specify that the research on bed shortages was from 2021, and to clarify that a 'defendant, respondent, or real party in interest' may bring the special motion to strike, broadening the class of parties who can invoke this procedure.

02/20/26 - Introduced → 03/25/26 - Amended Senate · 6 edits · Mar 25, 2026

MODERATE

SB 1344 was dramatically expanded from a nonsubstantive cleanup of an existing housing anti-SLAPP provision into a major new bill that extends legal protections to behavioral health care facilities. The amended version adds a new special motion to strike procedure (Section 425.21) for lawsuits challenging 'priority care development' projects, doubles the liability cap on plaintiffs from $500,000 to $1,000,000 with annual inflation adjustments starting in 2028, and makes orders under the new section appealable.

Scope change

The bill's scope expands significantly from a narrow nonsubstantive edit to a housing anti-SLAPP provision into a comprehensive measure that (1) creates an entirely new legal procedure for challenging behavioral health care facilities, (2) extends existing housing protections to those facilities, and (3) increases the financial exposure of plaintiffs by doubling the liability cap with built-in inflation adjustments.

SCOPE

New Section 425.21 creates a special motion to strike procedure for civil actions challenging 'priority care development' projects (behavioral health facilities funded under specific Welfare and Institutions Code sections). The court must deny the motion if the plaintiff shows a probability of prevailing. Discovery is stayed while the motion is pending, and prevailing respondents recover attorney's fees.

Section 529.2 (the undertaking/security provision) is expanded to apply not only to low- or moderate-income housing projects but also to priority care developments, meaning plaintiffs challenging behavioral health facilities can now be required to post a bond for costs and damages.

DEFINITION

'Priority care development' is defined as projects funded in whole or in part under Sections 5892 or 5965.04, or subdivision (c) of Section 18999.97 of the Welfare and Institutions Code. Detention facilities as defined in Penal Code Section 9500(a) are explicitly excluded.

FISCAL

The cap on plaintiff liability for defendant's costs and damages is doubled from $500,000 to $1,000,000. A new provision requires annual inflation adjustments starting January 1, 2028, based on the California Consumer Price Index, rounded to the nearest $25.

ENFORCEMENT

Section 904.1 is amended to make orders granting or denying a special motion to strike under Section 425.21 appealable, alongside the existing anti-SLAPP provisions in Sections 425.16 and 425.19.

REQUIREMENT

The special motion to strike must be filed within 60 days of service of the petition (unless the court allows later filing), and must be heard within 30 days of service of the motion unless docket conditions require otherwise.

Civil actions: housing development projects.

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