County of Riverside v. Superior Court of Riverside Cty.

The County of Riverside (Riverside) seeks review of the trial court’s order refusing to quash service of process upon it in an action to invalidate a redevelopment plan and to dismiss the action. We hold that the manner of service was fatally defective, and will grant the requested relief.

Facts of the Case

The underlying action is brought under the authority of Code of Civil Procedure section 863 and is what is sometimes called a “reverse validation action”; real parties seek to invalidate official actions involving a redevelopment project. The statute provides that the form and manner of service of summons in such an action is that prescribed by section 861.1, which in the first instance is specifically directed to direct validation actions filed by a public agency.

In a direct validation action, of course, the only requirement is for notice to the public. In an action under section 863, however, notice is to be provided both to the public entity and to members of the public—the former by personal service, the latter through publication, in the same fashion as in a direct validation action.

The summons must be directed to “ ‘all persons interested in the matter of…