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§ 866.Error, Irregularity, Omission Not Affecting Substantial Rights Disregarded

Title 10. Actions In Particular Cases · Chapter 9. Validating Proceedings · Enacted 1961 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 866 directs the court hearing a validation action to disregard any error, irregularity, or omission that doesn't affect the substantial rights of the parties.

Full Text of § 866

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The court hearing the action shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties.

Plain-English Summary

Validation proceedings deal with technical, often complex public financing and contracting matters, where minor procedural slips are common. Section 866 tells the court not to let that kind of harmless imperfection derail the case: any error, irregularity, or omission that doesn't affect the substantial rights of the parties gets disregarded.

This is a substance-over-form instruction. A validation action is meant to answer the real question -- is the matter valid -- rather than get sidetracked by defects that don't harm anyone's rights.

Frequently Asked Questions

Does every procedural mistake in a validation action matter?

No, only ones that affect the parties' substantial rights.

What's the purpose of this harmless-error rule?

To keep the case focused on the matter's real validity rather than technical missteps that caused no real harm.

Amendment History

Added by Stats. 1961, Ch. 1479.

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: harmless error validation action california