Civil actions: provisional remedies: injunctions.

Plain English Breakdown

The official source material does not provide details on what happens if a taxpayer wins the lawsuit or how this will affect existing laws about suing state agencies.

Expanding Taxpayer Suits Against State Agencies

This law allows people who pay taxes to sue the state and its agencies if they believe there is illegal spending, waste, or damage to public property.

What This Bill Does

• Allows taxpayers to file a lawsuit against the state or any of its agencies.
• Requires that these lawsuits aim to stop illegal spending, waste, or damage to public property.

Who It Names or Affects

• Taxpayers who pay income tax, sales and use tax, property tax, or business license tax within one year before starting the legal action.
• The state of California and its agencies.

Terms To Know

Standing

Permission to sue because you are directly affected by the issue.

Injunctions

Court orders that stop someone from doing something or make them do something.

Limits and Unknowns

• The bill does not specify what happens if a taxpayer wins the lawsuit.
• It is unclear how this will affect existing laws about suing state agencies.

Official Summary Text

AB 2690, as amended, Davies.
Civil actions: provisional remedies: injunctions.
Existing law provides that any person who lives, works, owns property, or attends school in the jurisdiction of a local agency, as defined, who is assessed for and is liable to pay, or within one year before the commencement of the action, has paid, a tax in the local agency, 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 local agency, as specified. Under existing law, 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.
This bill would expand the scope of this cause of action and standing to permit a person to
maintain an action against the state or a state
agency.
entity.

Current Bill Text

Download Bill PDF