CaliforniaCivil Procedure: recovery of defense costs.
What it does
Existing law permits a defendant or a cross-defendant in a civil proceeding under the Government Claims Act, or in any civil action for indemnity or contribution, to seek from the court, at the time of the granting of a motion for summary judgment, directed verdict, motion for judgment in a nonjury trial, or nonsuit dismissing the moving party other than the plaintiff, petitioner, cross-complainant, or intervenor, to determine whether the plaintiff, petitioner, cross-complainant, or intervenor brought their proceeding in good faith and with reasonable cause. If the court determines that the proceeding was not brought in good faith or with reasonable cause, existing law requires the court to decide the reasonable and necessary defense costs incurred by party opposing the proceeding and to render judgment in favor of that party. Existing law applies these provisions only if the defendant or cross-defendant has made a motion for summary judgment, a motion for directed verdict, a motion for judgment in a nonjury trial, or nonsuit.
More detail
This bill would expand the above provision to apply to a demurrer brought by a defendant or cross-defendant.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Aug 29In committee: Held under submission.Latest
- Jul 7In committee: Referred to APPR. suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jun 25From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (June 24). Re-referred to Com. on APPR.Minor
- Jun 24
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar. Result: pass.Upper
- May 7Referred to Coms. on JUD. and APPR.Minor
- Apr 21In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 859 Macedo Consent Calendar Second Day. Result: pass.Lower
- Apr 21Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 1176.)Passed Assembly
- Apr 9Read second time. Ordered to Consent Calendar.Minor
- Apr 8From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (April 8).Minor
- Vote recorded Do pass. To Consent Calendar. Result: pass.Lower
- Mar 3Referred to Com. on JUD.Minor
- Feb 20From printer. May be heard in committee March 22.
- Feb 19Read first time. To print.Introduced