(a) In the event that an action is brought by a public agency pursuant to this chapter, and that public agency later dismisses the action after any party has answered, then, notwithstanding Section 863, the party that answered may file an action pursuant to this chapter within 30 days after the public agency's dismissal was filed by the court.
§ 867.5.Action By Party Answering After Dismissal By Public Agency
Title 10. Actions In Particular Cases · Chapter 9. Validating Proceedings · Enacted 2000 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 867.5 lets a party who already answered a public agency's validation action file their own action under this chapter within thirty days after the agency dismisses its case, unless the agency formally rescinded the matter it was trying to validate.
Full Text of § 867.5
(b) Subdivision (a) is not applicable to a case in which a public agency has by formal act rescinded the action on the matter subject to validation.
Plain-English Summary
What happens if a public agency starts a validation action, a party answers to contest it, and then the agency dismisses the case? Section 867.5 answers that question: the answering party doesn't lose the chance to have the matter tested. That party may file their own action under this chapter within 30 days after the agency's dismissal is filed by the court.
This is essentially the reverse-validation right of § 863, made available on a fast track after a dismissal rather than requiring the interested person to wait and watch for the agency's inaction from the start. It prevents an agency from sidestepping an unfavorable answer by walking away from its own lawsuit.
There is one important limit. If the agency's dismissal reflects a formal act rescinding the underlying matter -- the bond authorization, contract, or other action the agency was trying to validate -- subdivision (a) doesn't apply. In that situation, there is nothing left to validate or contest, because the agency has undone the matter itself.
Frequently Asked Questions
What if a public agency dismisses its own validation action after someone answers?
That answering party can file their own action under this chapter within 30 days of the dismissal.
Does this apply if the agency formally rescinded the underlying matter?
No. Subdivision (b) excludes that situation, since there is nothing left to validate.
How is this different from § 863's reverse validation action?
Section 863 applies when the agency never sued; § 867.5 applies after the agency sued and then dismissed following an answer.
Amendment History
Added by Stats 2000 ch 723 (AB 2300), s 2, eff. 1/1/2001.
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: agency dismisses validation action californiareverse validation after dismissal