§ 65757
271 words·~1 min read·
/ca/government-code/65757A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)During the pendency of any action described in Section 65754, the court shall, upon a showing of probable success on the merits, grant the relief provided in Section 65755 as temporary relief. In any order granting temporary relief, the court shall not enjoin during the pendency of the action any housing developments which comply with applicable provisions of law and which may be developed without having an impact on the ability of the city, county, or city and county to properly adopt and implement an adequate housing element. Any housing developments permitted to proceed during the pendency of the action shall not be subject to the restrictions specified in subdivision
(b)or
(c)of Section 65754 as part of any final judgment.
(b)Any request for temporary relief under this section shall be made by noticed motion or application.
(1)If by noticed motion, the court shall set the hearing for the earliest possible date that the business of the court permits, consistent with Section 1005 of the Code of Civil Procedure, but not more than 60 days after the notice of motion was filed. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances indicating good cause shall be those relevant to whether good cause exists to continue a trial under the California Rules of Court.
(2)Alternatively, the court may order temporary relief upon application and, if the application for temporary relief is granted, issue an order to show cause as to why temporary relief should not remain while a hearing on the merits of the entire action is pending.