PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Ruling on Motion
.........Sanctions/Attorney Fees
............Against Public Entities
3 Cards On This Topic:
  • Proceeding against public entities or employees must be brought in good faith with reasonable cause, or reasonable defense costs shall be awarded to opposing party.
  • Even if action against public entity is brought in good faith, still may be liability for monetary sanctions per Code Civ. Proc. §1038 if later determined there is no such basis for suit.
  • If costs request not included with moving papers, ct. must determine from papers or allow public entity to file decl. setting forth amount at later date.