KAATZ v. CITY OF SEASIDE

No. 11027562.

49 Cal.Rptr.3d 95 (2006)

143 Cal.App.4th 13

Benjamin KAATZ, Plaintiff and Appellant, v. CITY OF SEASIDE et al., Defendants and Respondents.

Court of Appeal of California, Sixth District.

September 20, 2006.


Attorney(s) appearing for the Case

Jay P. Renneisen, Law Offices of Jay P. Renneisen, Walnut Creek, Heidi K. Whilden, Law Offices of Heidi K. Whilden, Edward P. Dudensing, Law Offices of Edward P. Dudensing, Sacramento, Michael J. Whilden, Law Offices of Michael J. Whilden, for Plaintiff and Appellant.

Donald G. Freeman, Perry & Freeman, Claudia J. Martin, Lee C. Rosenthal, Goldfarb & Lipman, Oakland, for Defendants and Respondents City of Seaside, et al.

Julie L. Woods, Barry R. Levy, Horvitz & Levy, Encino, Kenneth B. Bley, Cox, Castle & Nicholson, Los Angeles, for Defendants and Respondents K & B Bakewell Seaside Venture.

Jennifer B. Henning, California State Association of Counties, David P. Landerman, Breanna E. Moorhead, Sheppard, Mullin, Richter & Hampton, for amicus curiae on behalf of Respondents.


DUFFY, J.

Code of Civil Procedure sections 860 through 870 (hereafter the validation statutes)1 provide an expedited process by which certain public agency actions may be determined 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...

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