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§ 526a.Action to Restrain Or Prevent Waste of Or Injury to Estate, Funds Or Property of Local Agency

Title 7. Other Provisional Remedies In Civil Actions · Chapter 3. Injunction · Last amended 2019 · Last verified July 28, 2026

In one sentenceSection 526a lets a taxpaying resident or corporation sue a local agency's officers or agents to stop illegal spending, waste, or injury to public funds or property, while barring any injunction against issuing municipal bonds for public improvements or utilities.

Full Text of § 526a

Text sizeJump to: (a) (b) (c) (d)

(a) An action to obtain a judgment, restraining and preventing any illegal expenditure of, waste of, or injury to, the estate, funds, or other property of a local agency, may be maintained against any officer thereof, or any agent, or other person, acting in its behalf, either by a resident therein, or by a corporation, who is assessed for and is liable to pay, or, within one year before the commencement of the action, has paid, a tax that funds the defendant local agency, including, but not limited to, the following:
(1) An income tax.
(2) A sales and use tax or transaction and use tax initially paid by a consumer to a retailer.
(3) A property tax, including a property tax paid by a tenant or lessee to a landlord or lessor pursuant to the terms of a written lease.
(4) A business license tax.
(b) This section does not affect any right of action in favor of a local agency, or any public officer; provided, that no injunction shall be granted restraining the offering for sale, sale, or issuance of any municipal bonds for public improvements or public utilities.
(c) An action brought pursuant to this section to enjoin a public improvement project shall take special precedence over all civil matters on the calendar of the court except those matters to which equal precedence on the calendar is granted by law.
(d) For purposes of this section, the following definitions apply:
(1) "Local agency" means a city, town, county, or city and county, or a district, public authority, or any other political subdivision in the state.
(2) "Resident" means a person who lives, works, owns property, or attends school in the jurisdiction of the defendant local agency.

Plain-English Summary

Section 526a is California's taxpayer suit for injunctive relief. It lets a resident, or a corporation, who pays certain taxes that fund a local agency sue that agency's officers, agents, or other people acting on its behalf to stop illegal spending, waste, or injury to the agency's money or property. The qualifying taxes include income tax, sales and use tax, property tax (even property tax passed through in rent), and business license tax, and the statute reaches anyone currently paying, or who paid within the past year, one of those taxes.

"Local agency" is defined broadly — any city, town, county, city and county, district, public authority, or other political subdivision of the state — and "resident" covers not just people who live in the jurisdiction but people who work there, own property there, or attend school there. That breadth is what makes § 526a a frequently used tool: it gives ordinary residents standing to challenge government spending they believe is illegal or wasteful, without needing to show the kind of individualized injury that standing doctrine usually demands.

The statute carries two important limits. It does not create a right to enjoin the offering, sale, or issuance of municipal bonds for public improvements or utilities — that carve-out is what § 526b's liability provision protects. And it does not take away any separate right of action the local agency or a public officer already has. When a taxpayer does sue to stop a public improvement project under this section, the case jumps to the front of the court's civil calendar, behind only other matters that already have equal priority by law.

Frequently Asked Questions

Who can bring a taxpayer lawsuit under § 526a?

A resident of the local agency's jurisdiction, or a corporation, who is currently liable for, or paid within the past year, a qualifying tax such as income tax, sales and use tax, property tax, or business license tax that funds the agency.

What counts as a "local agency" under this section?

A city, town, county, city and county, district, public authority, or any other political subdivision of the state.

Can § 526a be used to block a city from selling municipal bonds?

No. Section 526a(b) specifically prohibits an injunction against the offering, sale, or issuance of municipal bonds for public improvements or public utilities.

Does a lawsuit under this section get priority on the court's calendar?

Yes, if it seeks to enjoin a public improvement project. Section 526a(c) gives that kind of action special precedence over other civil matters, except those with equal statutory priority.

Does someone have to live in the jurisdiction to qualify as a resident?

No. Section 526a(d)(2) defines resident to include anyone who lives, works, owns property, or attends school within the local agency's jurisdiction.

Amendment History

Amended by Stats 2018 ch 319 (AB 2376),s 1, eff. 1/1/2019.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: california taxpayer lawsuit statutesue local government waste californiataxpayer suit injunctive relief california