Section 21167.6.5 - Notice(a) The petitioner or plaintiff shall name, as a real party in interest, the person or persons identified by the public agency in its notice filed pursuant to subdivision (a) or (b) of Section 21108 or Section 21152 or, if no notice is filed, the person or persons in subdivision (b) or (c) of Section 21065, as reflected in the agency's record of proceedings for the project that is the subject of an action or proceeding brought pursuant to Section 21167, 21168, or 21168.5, and shall serve the petition or complaint on that real party in interest, by personal service, mail, facsimile, or any other method permitted by law, not later than 20 business days following service of the petition or complaint on the public agency.(b) The public agency shall provide the petitioner or plaintiff, not later than 10 business days following service of the petition or complaint on the public agency, with a list of responsible agencies and a public agency having jurisdiction over a natural resource affected by the project.(c) The petitioner or plaintiff shall provide the responsible agencies, and a public agency having jurisdiction over a natural resource affected by the project, with notice of the action or proceeding within 15 days of receipt of the list described in subdivision (b).(d) Failure to name potential persons, other than those real parties in interest described in subdivision (a), is not grounds for dismissal pursuant to Section 389 of the Code of Civil Procedure.(e) This section is not intended to affect an existing right of a party to intervene in the action.Ca. Pub. Res. Code § 21167.6.5
Amended by Stats 2012 ch 162 (SB 1171),s 151, eff. 1/1/2013.Amended by Stats 2011 ch 570 (AB 320),s 3, eff. 1/1/2012.Amended by Stats 2004 ch 522 (AB 2814), s 1, eff. 1/1/2005.Added by Stats 2002 ch 1121 (SB 1393), s 5, eff. 1/1/2003. See Stats 2011 ch 570 (AB 320), s 4.