State Codes and Statutes

Statutes > California > Hsc > 101868

HEALTH AND SAFETY CODE
SECTION 101868



101868.  (a) Any interested person may institute proceedings for
injunctive or declaratory relief or writ of mandate in any court of
competent jurisdiction for the purpose of stopping or preventing
violations or threatened violations of Article 2 (commencing with
Section 101861) by the corporation. In addition, the corporation may
institute proceedings for declaratory relief, or validation of its
policy or policies under Article 2 (commencing with Section 101861).
In the event the corporation institutes proceedings, the corporation
shall give written notice, to the person or persons with an interest
in the corporation's compliance with Article 2 (commencing with
Section 101861), of the right to participate in the proceedings.
   (b) Any interested person, including a corporation subject to this
chapter may institute proceedings for injunctive or declaratory
relief or mandate in any court of competent jurisdiction for the
purpose of obtaining a judicial determination as to whether an action
taken by the corporation was in violation of Article 2 (commencing
with Section 101861). In the event the corporation institutes
proceedings, the corporation shall give written notice, to the person
or persons with an interest in the corporation's compliance with
Article 2 (commencing with Section 101861), of the right to
participate in the proceedings.
   (c) Any action seeking a judicial determination under this section
shall be commenced within 30 days from the date the action was
taken. Nothing in this section shall be construed to prevent the
corporation from curing or correcting an action that is subject to
review pursuant to this section. The fact that the corporation takes
a subsequent action to cure or correct an action taken pursuant to
this section shall not be construed or admissible as evidence of a
violation of this chapter. Nothing in this section shall permit
discovery of communications that are protected by the attorney-client
privilege.
   (d) An action shall not be determined to be null and void if any
of the following conditions exist:
   (1) The action taken was in connection with the sale or issuance
of notes, bonds, or other evidences of indebtedness or any contract,
instrument, or agreement related thereto.
   (2) The action taken gave rise to a contractual obligation.
   (3) The action taken was in substantial compliance with this
chapter.
   (4) Invalidation of the action taken would substantially impair
the corporation's ability to accomplish its primary public benefit
purposes by wither depriving the corporation of a material
competitive or economic benefit, or exposing the corporation to a
material competitive or economic risk.


State Codes and Statutes

Statutes > California > Hsc > 101868

HEALTH AND SAFETY CODE
SECTION 101868



101868.  (a) Any interested person may institute proceedings for
injunctive or declaratory relief or writ of mandate in any court of
competent jurisdiction for the purpose of stopping or preventing
violations or threatened violations of Article 2 (commencing with
Section 101861) by the corporation. In addition, the corporation may
institute proceedings for declaratory relief, or validation of its
policy or policies under Article 2 (commencing with Section 101861).
In the event the corporation institutes proceedings, the corporation
shall give written notice, to the person or persons with an interest
in the corporation's compliance with Article 2 (commencing with
Section 101861), of the right to participate in the proceedings.
   (b) Any interested person, including a corporation subject to this
chapter may institute proceedings for injunctive or declaratory
relief or mandate in any court of competent jurisdiction for the
purpose of obtaining a judicial determination as to whether an action
taken by the corporation was in violation of Article 2 (commencing
with Section 101861). In the event the corporation institutes
proceedings, the corporation shall give written notice, to the person
or persons with an interest in the corporation's compliance with
Article 2 (commencing with Section 101861), of the right to
participate in the proceedings.
   (c) Any action seeking a judicial determination under this section
shall be commenced within 30 days from the date the action was
taken. Nothing in this section shall be construed to prevent the
corporation from curing or correcting an action that is subject to
review pursuant to this section. The fact that the corporation takes
a subsequent action to cure or correct an action taken pursuant to
this section shall not be construed or admissible as evidence of a
violation of this chapter. Nothing in this section shall permit
discovery of communications that are protected by the attorney-client
privilege.
   (d) An action shall not be determined to be null and void if any
of the following conditions exist:
   (1) The action taken was in connection with the sale or issuance
of notes, bonds, or other evidences of indebtedness or any contract,
instrument, or agreement related thereto.
   (2) The action taken gave rise to a contractual obligation.
   (3) The action taken was in substantial compliance with this
chapter.
   (4) Invalidation of the action taken would substantially impair
the corporation's ability to accomplish its primary public benefit
purposes by wither depriving the corporation of a material
competitive or economic benefit, or exposing the corporation to a
material competitive or economic risk.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 101868

HEALTH AND SAFETY CODE
SECTION 101868



101868.  (a) Any interested person may institute proceedings for
injunctive or declaratory relief or writ of mandate in any court of
competent jurisdiction for the purpose of stopping or preventing
violations or threatened violations of Article 2 (commencing with
Section 101861) by the corporation. In addition, the corporation may
institute proceedings for declaratory relief, or validation of its
policy or policies under Article 2 (commencing with Section 101861).
In the event the corporation institutes proceedings, the corporation
shall give written notice, to the person or persons with an interest
in the corporation's compliance with Article 2 (commencing with
Section 101861), of the right to participate in the proceedings.
   (b) Any interested person, including a corporation subject to this
chapter may institute proceedings for injunctive or declaratory
relief or mandate in any court of competent jurisdiction for the
purpose of obtaining a judicial determination as to whether an action
taken by the corporation was in violation of Article 2 (commencing
with Section 101861). In the event the corporation institutes
proceedings, the corporation shall give written notice, to the person
or persons with an interest in the corporation's compliance with
Article 2 (commencing with Section 101861), of the right to
participate in the proceedings.
   (c) Any action seeking a judicial determination under this section
shall be commenced within 30 days from the date the action was
taken. Nothing in this section shall be construed to prevent the
corporation from curing or correcting an action that is subject to
review pursuant to this section. The fact that the corporation takes
a subsequent action to cure or correct an action taken pursuant to
this section shall not be construed or admissible as evidence of a
violation of this chapter. Nothing in this section shall permit
discovery of communications that are protected by the attorney-client
privilege.
   (d) An action shall not be determined to be null and void if any
of the following conditions exist:
   (1) The action taken was in connection with the sale or issuance
of notes, bonds, or other evidences of indebtedness or any contract,
instrument, or agreement related thereto.
   (2) The action taken gave rise to a contractual obligation.
   (3) The action taken was in substantial compliance with this
chapter.
   (4) Invalidation of the action taken would substantially impair
the corporation's ability to accomplish its primary public benefit
purposes by wither depriving the corporation of a material
competitive or economic benefit, or exposing the corporation to a
material competitive or economic risk.