A&A: Brown Act and statute of limitations

Q: Does an action requesting purely equitable (injunctive) relief for a Brown Act violation have a statute of limitations?

A: The statute of limitations for filing a Brown Act action for injunctive relief is quite short.  Please note that before suing for injunctive relief, you are required to make a written demand that the legislative body “cure or correct” the action.  Cal. Gov’t Code section 54960.1(b).  Generally speaking, the demand must be made within 90 days from the date the action is taken (but the demand must be made within 30 days if there is a violation of Section 54954.2).  If the legislative body fails to correct the action within the requisite time period, you must file the lawsuit within 15 days.

Please see the provisions of California Government Code 54960.1 regarding the particulars of the timeline.Alternatively, you can seek an injunction/declaration for the purpose of stopping or preventing violations or threatened violations under California Government Code section 54960, but this type of action will not have the effect of voiding (undoing) the action.  The procedures and time limitations set forth in Section 54960.1 do not apply to Section 54960.  Ingram v. Flippo, 74 Cal. App. 4th 1280, 1288, 1290 (1999).