PRETRIAL ADJUDICATION
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Summary Judgment & Summary Adjudication
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Ruling on Motion
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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.