California Military and Veterans Code

§ 393

MVC § 393Div. 2 · Part 1 · Ch. 7

Statute text

(a)In an action or proceeding of any nature commenced in any court against an active member of the militia or a member of the militia in active service in pursuance of an order of the President of the United States as a result of a state emergency for an act done by such member in an official capacity in the discharge of duty, or an alleged omission to do an act which it was the member’s duty to perform, or against any person acting under the authority or order of an officer or by virtue of a warrant issued by an officer pursuant to law:

(1)The defendant in all cases may make a general denial and give special matter in evidence.

(2)A defendant in whose favor a final judgment is rendered in any such action or proceeding shall recover treble costs.

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Legislative history

Amended by Stats. 1980, Ch. 114.