PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Ruling on Motion
.........Sanctions/Attorney Fees
............Procedure/Burden of Proof
3 Cards On This Topic:
  • Trial court may award Code Civ. Proc. §1038 costs if it finds plaintiffs brought or maintained their action without either good faith or reasonable cause.
  • Code Civ. Proc. §1038 cost recovery — procedure.
  • P must show s/he filed and pursued action with ’reasonable cause ••and•• in good faith belief there was justifiable controversy which warranted the filing of the complaint; moving D must negate good faith or reasonable cause.