Does the statute of limitations apply to the application to have the RDP agreements declared void?

California, United States of America


The following excerpt is from California-American Water Co. v. Marina Coast Water Dist., 2 Cal.App.5th 748, 206 Cal.Rptr.3d 439 (Cal. App. 2016):

Throughout this litigation, Marina has asserted that the claims seeking to have the RDP agreements declared void must be rejected as a result of the statute of limitations. According to Marina, the applicable limitation period is the one governing validation actions under section 860 et sequitur (the validation statutes). The validation statutes establish a process for a public agency to obtain a judicial determination on whether an agency action is valid and not subject to attack. The public agency may validate its action by either active or passive means. It may initiate an action in rem to establish the validity of the matter. ( 860.) Alternatively, the agency may do nothing, and if no interested person brings suit to determine the validity of the public agency's action within 60 days ( 863), the action is deemed valid. ( 869.) (Kaatz v. City of Seaside (2006) 143 Cal.App.4th 13, 19, 49 Cal.Rptr.3d 95.) The statute of limitations for interested persons to bring a validation action is extremely short, just 60 days. ( 860.)

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