Question
Does an action requesting purely equitable (injunctive) relief for a Brown Act violation have a statute of limitations?
Answer
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).
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.