§ 341.5.Action Against State By Local Agency Challenging Constitutionality of Statute Relating to State Funding
Title 2. Of the Time of Commencing Civil Actions · Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property · Last amended 1994 · Last verified July 28, 2026
Full Text of § 341.5
Plain-English Summary
Section 341.5 sets a tight, 90-day window for a specific kind of government-versus-government litigation. When a county, city, city and county, school district, special district, or other local agency sues the State of California challenging the constitutionality of a statute relating to state funding for local agencies, that action must be commenced within 90 days of the statute’s effective date.
“State of California” for this purpose reaches the state itself along with its agencies, departments, commissions, boards, and public officials — so the 90-day clock applies whether the local agency sues the state directly or one of its constituent bodies.
Frequently Asked Questions
How long does a city or county have to challenge a state funding statute’s constitutionality?
90 days from the statute’s effective date, under § 341.5.
Who counts as the “State of California” for purposes of § 341.5?
The state itself and its agencies, departments, commissions, boards, and public officials, so the same 90-day deadline applies regardless of which of those the local agency names as defendant.
Amendment History
Amended by Stats. 1994, Ch. 156, Sec. 1. Effective July 11, 1994.