Civil Code
1717. (a) In any action on a contract, where the contract
specifically provides that attorney's fees and costs, which are
incurred to enforce that contract, shall be awarded either to one of
the parties or to the prevailing party, then the party who is
determined to be the party prevailing on the contract, whether he or
she is the party specified in the contract or not, shall be entitled
to reasonable attorney's fees in addition to other costs.
Where a contract provides for attorney's fees, as set forth above,
that provision shall be construed as applying to the entire
contract, unless each party was represented by counsel in the
negotiation and execution of the contract, and the fact of that
representation is specified in the contract.
Reasonable attorney's fees shall be fixed by the court, and shall
be an element of the costs of suit.
Attorney's fees provided for by this section shall not be subject
to waiver by the parties to any contract which is entered into after
the effective date of this section. Any provision in any such
contract which provides for a waiver of attorney's fees is void.
(b) (1) The court, upon notice and motion by a party, shall
determine who is the party prevailing on the contract for purposes of
this section, whether or not the suit proceeds to final judgment.
Except as provided in paragraph (2), the party prevailing on the
contract shall be the party who recovered a greater relief in the
action on the contract. The court may also determine that there is
no party prevailing on the contract for purposes of this section.
(2) Where an action has been voluntarily dismissed or dismissed
pursuant to a settlement of the case, there shall be no prevailing
party for purposes of this section.
Where the defendant alleges in his or her answer that he or she
tendered to the plaintiff the full amount to which he or she was
entitled, and thereupon deposits in court for the plaintiff, the
amount so tendered, and the allegation is found to be true, then the
defendant is deemed to be a party prevailing on the contract within
the meaning of this section.
Where a deposit has been made pursuant to this section, the court
shall, on the application of any party to the action, order the
deposit to be invested in an insured, interest-bearing account.
Interest on the amount shall be allocated to the parties in the same
proportion as the original funds are allocated.
(c) In an action which seeks relief in addition to that based on a
contract, if the party prevailing on the contract has damages
awarded against it on causes of action not on the contract, the
amounts awarded to the party prevailing on the contract under this
section shall be deducted from any damages awarded in favor of the
party who did not prevail on the contract. If the amount awarded
under this section exceeds the amount of damages awarded the party
not prevailing on the contract, the net amount shall be awarded the
party prevailing on the contract and judgment may be entered in favor
of the party prevailing on the contract for that net amount.
1717.5. (a) Except as otherwise provided by law or where waived by
the parties to an agreement, in any action on a contract based on a
book account, as defined in Section 337a of the Code of Civil
Procedure, entered into on or after January 1, 1987, which does not
provide for attorney's fees and costs, as provided in Section 1717,
the party who is determined to be the party prevailing on the
contract shall be entitled to reasonable attorney's fees, as provided
below, in addition to other costs. The prevailing party on the
contract shall be the party who recovered a greater relief in the
action on the contract. The court may determine that there is no
party prevailing on the contract for purposes of this section.
Reasonable attorney's fees awarded pursuant to this section for
the prevailing party bringing the action on the book account shall be
fixed by the court in an amount that shall not exceed the lesser
of: (1) eight hundred dollars ($800) for book accounts based upon an
obligation owing by a natural person for goods, moneys, or services
which were primarily for personal, family, or household purposes; and
one thousand dollars ($1,000) for all other book accounts to which
this section applies; or (2) 25 percent of the principal obligation
owing under the contract.
For the party against whom the obligation on the book account was
asserted in the action subject to this section, if that party is
found to have no obligation owing on a book account, the court shall
award that prevailing party reasonable attorney's fees not to exceed
eight hundred dollars ($800) for book accounts based upon an
obligation owing by a natural person for goods, moneys, or services
which were primarily for personal, family, or household purposes, and
one thousand dollars ($1,000) for all other book accounts to which
this section applies. These attorney's fees shall be an element of
the costs of the suit.
If there is a written agreement between the parties signed by the
person to be charged, the fees provided by this section may not be
imposed unless that agreement contains a statement that the
prevailing party in any action between the parties is entitled to the
fees provided by this section.
(b) The attorney's fees allowed pursuant to this section shall be
the lesser of either the maximum amount allowed by this section, the
amount provided by any default attorney's fee schedule adopted by
the court applicable to the suit, or an amount as otherwise provided
by the court. Any claim for attorney's fees pursuant to this section
in excess of the amounts set forth in the default attorney's fee
schedule shall be reasonable attorney's fees, as proved by the party,
as actual and necessary for the claim that is subject to this
section.
(c) This section does not apply to any action in which an
insurance company is a party nor shall an insurance company, surety,
or guarantor be liable under this section, in the absence of a
specific contractual provision, for the attorney's fees and costs
awarded a prevailing party against its insured.
This section does not apply to any action in which a bank, a
savings association, a federal association, a state or federal credit
union, or a subsidiary, affiliate, or holding company of any of
those entities, or an authorized industrial loan company, a licensed
consumer finance lender, or a licensed commercial finance lender, is
a party.
Civil Procedure
405.38. The court shall direct that the party prevailing on any
motion under this chapter be awarded the reasonable attorney's fees
and costs of making or opposing the motion unless the court finds
that the other party acted with substantial justification or that
other circumstances make the imposition of attorney's fees and costs
unjust.
425.16. (a) The Legislature finds and declares that there has been
a disturbing increase in lawsuits brought primarily to chill the
valid exercise of the constitutional rights of freedom of speech and
petition for the redress of grievances. The Legislature finds and
declares that it is in the public interest to encourage continued
participation in matters of public significance, and that this
participation should not be chilled through abuse of the judicial
process. To this end, this section shall be construed broadly.
(b) (1) A cause of action against a person arising from any act of
that person in furtherance of the person's right of petition or free
speech under the United States or California Constitution in
connection with a public issue shall be subject to a special motion
to strike, unless the court determines that the plaintiff has
established that there is a probability that the plaintiff will
prevail on the claim.
(2) In making its determination, the court shall consider the
pleadings, and supporting and opposing affidavits stating the facts
upon which the liability or defense is based.
(3) If the court determines that the plaintiff has established a
probability that he or she will prevail on the claim, neither that
determination nor the fact of that determination shall be admissible
in evidence at any later stage of the case, or in any subsequent
action, and no burden of proof or degree of proof otherwise
applicable shall be affected by that determination in any later stage
of the case or in any subsequent proceeding.
(c) In any action subject to subdivision (b), a prevailing
defendant on a special motion to strike shall be entitled to recover
his or her attorney's fees and costs. If the court finds that a
special motion to strike is frivolous or is solely intended to cause
unnecessary delay, the court shall award costs and reasonable
attorney's fees to a plaintiff prevailing on the motion, pursuant to
Section 128.5.
(d) This section shall not apply to any enforcement action brought
in the name of the people of the State of California by the Attorney
General, district attorney, or city attorney, acting as a public
prosecutor.
(e) As used in this section, "act in furtherance of a person's
right of petition or free speech under the United States or
California Constitution in connection with a public issue" includes:
(1) any written or oral statement or writing made before a
legislative, executive, or judicial proceeding, or any other official
proceeding authorized by law; (2) any written or oral statement or
writing made in connection with an issue under consideration or
review by a legislative, executive, or judicial body, or any other
official proceeding authorized by law; (3) any written or oral
statement or writing made in a place open to the public or a public
forum in connection with an issue of public interest; (4) or any
other conduct in furtherance of the exercise of the constitutional
right of petition or the constitutional right of free speech in
connection with a public issue or an issue of public interest.
(f) The special motion may be filed within 60 days of the service
of the complaint or, in the court's discretion, at any later time
upon terms it deems proper. The motion shall be scheduled by the
clerk of the court for a hearing not more than 30 days after the
service of the motion unless the docket conditions of the court
require a later hearing.
(g) All discovery proceedings in the action shall be stayed upon
the filing of a notice of motion made pursuant to this section. The
stay of discovery shall remain in effect until notice of entry of the
order ruling on the motion. The court, on noticed motion and for
good cause shown, may order that specified discovery be conducted
notwithstanding this subdivision.
(h) For purposes of this section, "complaint" includes
"cross-complaint" and "petition," "plaintiff" includes
"cross-complainant" and "petitioner," and "defendant" includes
"cross-defendant" and "respondent."
(i) An order granting or denying a special motion to strike shall
be appealable under Section 904.1.
(j) (1) Any party who files a special motion to strike pursuant to
this section, and any party who files an opposition to a special
motion to strike, shall, promptly upon so filing, transmit to the
Judicial Council, by e-mail or facsimile, a copy of the endorsed,
filed caption page of the motion or opposition, a copy of any related
notice of appeal or petition for a writ, and a conformed copy of any
order issued pursuant to this section, including any order granting
or denying a special motion to strike, discovery, or fees.
(2) The Judicial Council shall maintain a public record of
information transmitted pursuant to this subdivision for at least
three years, and may store the information on microfilm or other
appropriate electronic media.
685.040. The judgment creditor is entitled to the reasonable and
necessary costs of enforcing a judgment. Attorney's fees incurred in
enforcing a judgment are not included in costs collectible under
this title unless otherwise provided by law. Attorney's fees
incurred in enforcing a judgment are included as costs collectible
under this title if the underlying judgment includes an award of
attorney's fees to the judgment creditor pursuant to subparagraph (A)
of paragraph (10) of subdivision (a) of Section 1033.5.
917.1. (a) Unless an undertaking is given, the perfecting of an
appeal shall not stay enforcement of the judgment or order in the
trial court if the judgment or order is for any of the following:
(1) Money or the payment of money, whether consisting of a special
fund or not, and whether payable by the appellant or another party
to the action.
(2) Costs awarded pursuant to Section 998 which otherwise would
not have been awarded as costs pursuant to Section 1033.5.
(3) Costs awarded pursuant to Section 1141.21 which otherwise
would not have been awarded as costs pursuant to Section 1033.5.
(b) The undertaking shall be on condition that if the judgment or
order or any part of it is affirmed or the appeal is withdrawn or
dismissed, the party ordered to pay shall pay the amount of the
judgment or order, or the part of it as to which the judgment or
order is affirmed, as entered after the receipt of the remittitur,
together with any interest which may have accrued pending the appeal
and entry of the remittitur, and costs which may be awarded against
the appellant on appeal. This section shall not apply in cases where
the money to be paid is in the actual or constructive custody of the
court; and such cases shall be governed, instead, by the provisions
of Section 917.2. The undertaking shall be for double the amount of
the judgment or order unless given by an admitted surety insurer in
which event it shall be for one and one-half times the amount of the
judgment or order. The liability on the undertaking may be enforced
if the party ordered to pay does not make the payment within 30 days
after the filing of the remittitur from the reviewing court.
(c) If a surety on the undertaking pays the judgment, either with
or without action, after the judgment is affirmed, the surety is
substituted to the rights of the creditor and is entitled to control,
enforce, and satisfy the judgment, in all respects as if the surety
had recovered the judgment.
(d) Costs awarded by the trial court under Chapter 6 (commencing
with Section 1021) of Title 14 shall be included in the amount of the
judgment or order for the purpose of applying paragraph (1) of
subdivision (a) and subdivision (b). However, no undertaking shall
be required pursuant to this section solely for costs awarded under
Chapter 6 (commencing with Section 1021) of Title 14.
1021. Except as attorney's fees are specifically provided for by
statute, the measure and mode of compensation of attorneys and
counselors at law is left to the agreement, express or implied, of
the parties; but parties to actions or proceedings are entitled to
their costs, as hereinafter provided.
1021.4. In an action for damages against a defendant based upon
that defendant's commission of a felony offense for which that
defendant has been convicted, the court may, upon motion, award
reasonable attorney's fees to a prevailing plaintiff against the
defendant who has been convicted of the felony.
1021.5. Upon motion, a court may award attorneys' fees to a
successful party against one or more opposing parties in any action
which has resulted in the enforcement of an important right affecting
the public interest if: (a) a significant benefit, whether
pecuniary or nonpecuniary, has been conferred on the general public
or a large class of persons, (b) the necessity and financial burden
of private enforcement, or of enforcement by one public entity
against another public entity, are such as to make the award
appropriate, and (c) such fees should not in the interest of justice
be paid out of the recovery, if any. With respect to actions
involving public entities, this section applies to allowances
against, but not in favor of, public entities, and no claim shall be
required to be filed therefor, unless one or more successful parties
and one or more opposing parties are public entities, in which case
no claim shall be required to be filed therefor under Part 3
(commencing with Section 900) of Division 3.6 of Title 1 of the
Government Code.
Attorneys' fees awarded to a public entity pursuant to this
section shall not be increased or decreased by a multiplier based
upon extrinsic circumstances, as discussed in Serrano v. Priest, 20
Cal. 3d 25, 49.
1021.6. Upon motion, a court after reviewing the evidence in the
principal case may award attorney's fees to a person who prevails on
a claim for implied indemnity if the court finds (a) that the
indemnitee through the tort of the indemnitor has been required to
act in the protection of the indemnitee's interest by bringing an
action against or defending an action by a third person and (b) if
that indemnitor was properly notified of the demand to bring the
action or provide the defense and did not avail itself of the
opportunity to do so, and (c) that the trier of fact determined that
the indemnitee was without fault in the principal case which is the
basis for the action in indemnity or that the indemnitee had a final
judgment entered in his or her favor granting a summary judgment, a
nonsuit, or a directed verdict.
1021.7. In any action for damages arising out of the performance of
a peace officer's duties, brought against a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code, or against a public entity employing a
peace officer or in an action for libel or slander brought pursuant
to Section 45 or 46 of the Civil Code, the court may, in its
discretion, award reasonable attorney's fees to the defendant or
defendants as part of the costs, upon a finding by the court that the
action was not filed or maintained in good faith and with reasonable
cause.
1021.8. (a) Whenever the Attorney General prevails in a civil
action to enforce Section 17537.3, 22445, 22446.5, 22958, 22962, or
22963 of the Business and Professions Code, Section 52, 52.1, 55.1,
or 3494 of the Civil Code, the Corporate Securities Law of 1968
(Division 1 (commencing with Section 25000) of Title 4 of the
Corporations Code or the California Commodity Law of 1990 (Division
4.5 (commencing with Section 29500) of Title 4 of the Corporations
Code), Section 1615, 2014, or 5650.1 of the Fish and Game Code,
Section 4458, 12598, 12606, 12607, 12989.3, 16147, 66640, 66641, or
66641.7 of the Government Code, Section 13009, 13009.1, 19958.5,
25299, 39674, 41513, 42402, 42402.1, 42402.2, 42402.3, 42402.4,
43016, 43017, 43154, 104557, or 118950 of the Health and Safety Code,
Section 308.1 or 308.3 of the Penal Code, Section 2774.1, 4601.1,
4603, 4605, 30820, 30821.6, 30822, 42847, or 48023 of the Public
Resources Code, Section 30101.7 of the Revenue and Taxation Code, or
Section 275, 1052, 1845, 13261, 13262, 13264, 13265, 13268, 13304,
13331, 13350, or 13385 of the Water Code, the court shall award to
the Attorney General all costs of investigating and prosecuting the
action, including expert fees, reasonable attorney's fees, and costs.
Awards under this section shall be paid to the Public Rights Law
Enforcement Special Fund established by Section 12530 of the
Government Code.
(b) This section applies to any action pending on the effective
date of this section and to any action filed thereafter.
(c) The amendments made to this section by Chapter 227 of the
Statutes of 2004 shall apply to any action pending on the effective
date of these amendments and to any action filed thereafter.
1021.9. In any action to recover damages to personal or real
property resulting from trespassing on lands either under cultivation
or intended or used for the raising of livestock, the prevailing
plaintiff shall be entitled to reasonable attorney's fees in addition
to other costs, and in addition to any liability for damages imposed
by law.
1021.10. Notwithstanding any other provision of law, in an action
brought in the name of the people of the State of California against
any person for failure to comply with Chapter 10A (commencing with
Section 375) of Title 15 of the United States Code, otherwise known
as the "Jenkins Act," the court, to the extent not expressly
prohibited by federal law, shall award fees and costs, including
reasonable attorney's fees, to the people if the people succeed on
any claim to enforce the Jenkins Act. Any attorney's fees awarded
under this section shall be in addition to any other remedies or
penalties available under all other laws of this state.
1022. When several actions are brought on one bond, undertaking,
promissory note, bill of exchange, or other instrument in writing, or
in any other case for the same cause of action, against several
parties who might have been joined as defendants in the same action,
no costs can be allowed to the plaintiff in more than one of such
actions, which may be at his election, if the party proceeded against
in the other actions were, at the commencement of the previous
action, openly within this State; but the disbursements of the
plaintiff must be allowed to him in each action.
1023. The fees of referees are such reasonable sum as the court may
fix for the time spent in the business of the reference; but the
parties may agree, in writing, upon any other rate of compensation,
and thereupon such rates shall be allowed.
1024. When an application is made to the court or referee to
postpone a trial, the payment of the expenses occasioned by the
postponement may be imposed, in the discretion of the court or
referee, as a condition of granting the same.
1025. When, in an action for the recovery of money only, the
defendant alleges in his answer that before the commencement of the
action he tendered to the plaintiff the full amount to which he was
entitled, and thereupon deposits in court, for plaintiff, the amount
so tendered, and the allegation is found to be true, the plaintiff
can not recover costs, but must pay costs to the defendant.
1026. (a) Except as provided in subdivision (b), in an action
prosecuted or defended by a personal representative, trustee of an
express trust, guardian, conservator, or a person expressly
authorized by statute, costs may be recovered as in an action by or
against a person prosecuting or defending in the person's own right.
(b) Costs allowed under subdivision (a) shall, by the judgment, be
made chargeable only upon the estate, fund, or party represented,
unless the court directs the costs to be paid by the fiduciary
personally for mismanagement or bad faith in the action or defense.
1027. When the decision of a court of inferior jurisdiction in a
special proceeding is brought before a court of higher jurisdiction
for a review, in any other way than by appeal, the same costs must be
allowed as in cases on appeal, and may be collected in the manner
provided for enforcement of money judgments generally, or in such
manner as the court may direct, according to the nature of the case.
1028. Notwithstanding any other provisions of law, when the State
is a party, costs shall be awarded against it on the same basis as
against any other party and, when awarded, must be paid out of the
appropriation for the support of the agency on whose behalf the State
appeared.
1028.5. (a) In any civil action between a small business or a
licensee and a state regulatory agency, involving the regulatory
functions of a state agency as applied to a small business or a
licensee, if the small business or licensee prevails, and if the
court determines that the action of the agency was undertaken without
substantial justification, the small business or licensee may, in
the discretion of the court, be awarded reasonable litigation
expenses in addition to other costs. Funds for such expenses and
costs shall be paid from funds in the regular operating budget of the
state regulatory agency where the appropriation therefor encompasses
the payment of such costs and expenses, and not from unappropriated
money in the General Fund.
(b) "Reasonable litigation expenses" means any expenses not in
excess of seven thousand five hundred dollars ($7,500) which the
judge finds were reasonably incurred in opposing the agency action,
including court costs, expenses incurred in administrative
proceedings, attorney's fees, witness fees of all necessary
witnesses, and such other expenses as were reasonably incurred.
(c) "Small business" means a business activity that is all of the
following:
(1) Independently owned and operated.
(2) Not dominant in its field of operation.
(3) Not exceeding the following annual gross receipts or other
criteria in the categories of:
(A) Agriculture, one million dollars ($1,000,000).
(B) General construction, nine million five hundred thousand
dollars ($9,500,000).
(C) Special trade construction, five million dollars ($5,000,000).
(D) Retail trade, two million dollars ($2,000,000).
(E) Wholesale trade, nine million five hundred thousand dollars
($9,500,000).
(F) Services, two million dollars ($2,000,000).
(G) Transportation and warehousing, one million five hundred
thousand dollars ($1,500,000).
(H) A manufacturing enterprise not exceeding 250 employees.
(I) A health care facility not exceeding 150 beds or one million
five hundred thousand dollars ($1,500,000) in annual gross receipts.
(J) Generating and transmitting electric power not exceeding 4,500
megawatt hours annually.
(d) "Licensee" means any person licensed by a state agency who
does not qualify as a small business, but whose annual gross receipts
from the use of such license do not exceed one million dollars
($1,000,000).
(e) A small business or a licensee shall be deemed to prevail in
any action in which there is no adjudication, stipulation, or
acceptance of liability on the part of the small business or
licensee.
(f) A small business or licensee shall not be deemed to have
prevailed in actions commenced at the instance of, or on the basis of
a complaint filed by, a person who is not an officer, employee, or
other agent of the state regulatory agency if the action is dismissed
by the agency upon a finding of no cause for the action, or is
settled by the agency and small business or licensee without a
finding of fault.
(g) Section 800 of the Government Code shall not apply to actions
which are subject to the provisions of this section.
(h) Every state regulatory agency against which litigation
expenses have been awarded under this section shall, at the time of
submission of its proposed budget pursuant to Section 13320 of the
Government Code, submit a report to the Department of Finance and the
Legislature as to the amount of those expenses awarded and paid
during the fiscal year.
(i) This section shall be known and may be cited as the
Carpenter-Katz Small Business Equal Access to Justice Act of 1981.
1029. When any county, city, district, or other public agency or
entity, or any officer thereof in his official capacity, is a party,
costs shall be awarded against it on the same basis as against any
other party and, when awarded, must be paid out of the treasury
thereof.
1029.5. (a) Whenever a complaint for damages is filed against any
architect, landscape architect, engineer, building designer, or land
surveyor, duly licensed as such under the laws of this state, in an
action for error, omission, or professional negligence in the
creation and preparation of plans, specifications, designs, reports
or surveys which are the basis for work performed or agreed to be
performed on real property, any such defendant may, within 30 days
after service of summons, move the court for an order, upon notice
and hearing, requiring the plaintiff to file an undertaking in a sum
not to exceed five hundred dollars ($500) as security for the costs
of defense as provided in subdivision (d), which may be awarded
against the plaintiff. The motion shall be supported by affidavit
showing that the claim against the defendant is frivolous.
At the hearing upon the motion, the court shall order the
plaintiff to file the undertaking if the defendant shows to the
satisfaction of the court that (i) the plaintiff would not suffer
undue economic hardship in filing the undertaking, and (ii) there is
no reasonable possibility that the plaintiff has a cause of action
against each named defendant with respect to whom the plaintiff would
otherwise be required to file the undertaking. No appeal shall be
taken from any order made pursuant to this subdivision to file or not
to file the undertaking.
A determination by the court that the undertaking either shall or
shall not be filed or shall be filed as to one or more defendants and
not as to others, shall not be deemed a determination of any one or
more issues in the action or of the merits thereof. If the court,
upon any such motion, makes a determination that an undertaking be
filed by the plaintiff as to any one or more defendants, the action
shall be dismissed as to the defendant or defendants, unless the
undertaking required by the court has been filed within such
reasonable time as may be fixed by the court.
(b) This section does not apply to a complaint for bodily injury
or for wrongful death, nor to an action commenced in a small claims
court.
(c) Whenever more than one such defendant is named, the
undertaking shall be increased to the extent of not to exceed five
hundred dollars ($500) for each additional defendant in whose favor
the undertaking is ordered not to exceed the total of three thousand
dollars ($3,000).
(d) In any action requiring an undertaking as provided in this
section, upon the dismissal of the action or the award of judgment to
the defendant, the court shall require the plaintiff to pay the
defendant's costs of defense authorized by law. Any sureties shall
be liable for such costs in an amount not to exceed the sum of five
hundred dollars ($500) or the amount of the undertaking, whichever is
lesser, for each defendant with respect to whom the sureties have
executed an undertaking.
1029.6. (a) Whenever a complaint for damages for personal injuries
is filed against a physician and surgeon, dentist, registered nurse,
dispensing optician, optometrist, pharmacist, registered physical
therapist, podiatrist, licensed psychologist, osteopathic physician
and surgeon, chiropractor, clinical laboratory bioanalyst, clinical
laboratory technologist, or veterinarian, duly licensed as such under
the laws of this state, or a licensed hospital as the employer of
any such person, in an action for error, omission, or negligence in
the performance of professional services, or performance of
professional services without consent, any such defendant may, within
six months after service of summons, move the court for an order,
upon notice to plaintiff and all defendants having appeared in the
action, and hearing, requiring the plaintiff to file an undertaking
in a sum not to exceed five hundred dollars ($500) as security for
the costs of defense as provided in subdivision (d), which may be
awarded against the plaintiff. The motion shall be supported by
affidavit showing that the claim against the defendant is frivolous.
Any defendant having appeared in the action and within 30 days after
receipt of notice may join with the moving party requesting an order
under this section as to the additional defendant. The failure of
any defendant to join with the moving party shall preclude that
defendant from subsequently requesting an order under this section.
At the hearing upon the motion, the court shall order the
plaintiff to file the undertaking if the defendant shows to the
satisfaction of the court that: (i) the plaintiff would not suffer
undue economic hardship in filing the undertaking and (ii) there is
no reasonable possibility that the plaintiff has a cause of action
against each named defendant with respect to whom the plaintiff would
otherwise be required to file the undertaking.
A determination by the court that an undertaking either shall or
shall not be filed or shall be filed as to one or more defendants and
not as to others, shall not be deemed a determination of any one or
more issues in the action or of the merits thereof. If the court,
upon any such motion, makes a determination that an undertaking be
filed by the plaintiff as to any one or more defendants, the action
shall be dismissed as to that defendant or defendants, unless the
undertaking required by the court shall have been filed within the
reasonable time as may be fixed by the court.
(b) This section does not apply to a complaint in an action
commenced in a small claims court.
(c) Whenever more than one defendant is named, the undertaking
shall be increased to the extent of not to exceed five hundred
dollars ($500) for each additional defendant in whose favor the
undertaking is ordered, not to exceed the total of one thousand
dollars ($1,000).
(d) In any action requiring an undertaking as provided in this
section, upon the dismissal of the action or the award of judgment to
the defendant, the court shall require the plaintiff to pay the
defendant's court costs. Any sureties shall be liable for those
costs in an amount not to exceed the sum of five hundred dollars
($500) or the amount of the undertaking, whichever is lesser, for
each defendant with respect to whom the sureties have executed an
undertaking. If the plaintiff prevails in the action against any
defendant with respect to whom an undertaking has been filed, the
defendant shall pay the costs to plaintiff incurred in defending the
motion for dismissal authorized by this section.
(e) Any defendant filing a motion under this section or joining
with a moving party under this section is precluded from subsequently
filing a motion for summary judgment.
(f) Any defendant filing a motion for summary judgment is
precluded from subsequently filing a motion, or joining with a moving
party, under this section.
1029.8. (a) Any unlicensed person who causes injury or damage to
another person as a result of providing goods or performing services
for which a license is required under Division 2 (commencing with
Section 500) or any initiative act referred to therein, Division 3
(commencing with Section 5000), or Chapter 2 (commencing with Section
18600) or Chapter 3 (commencing with Section 19000) of Division 8,
of the Business and Professions Code, or Chapter 2 (commencing with
Section 25210) or Chapter 3 (commencing with Section 25230) of Part 3
of Division 1 of Title 4 of the Corporations Code, shall be liable
to the injured person for treble the amount of damages assessed in a
civil action in any court having proper jurisdiction. The court may,
in its discretion, award all costs and attorney's fees to the
injured person if that person prevails in the action.
(b) This section shall not be construed to confer an additional
cause of action or to affect or limit any other remedy, including,
but not limited to, a claim for exemplary damages.
(c) The additional damages provided for in subdivision (a) shall
not exceed ten thousand dollars ($10,000).
(d) For the purposes of this section, the term "unlicensed person"
shall not apply to any of the following:
(1) Any person, partnership, corporation, or other entity
providing goods or services under the good faith belief that they are
properly licensed and acting within the proper scope of that
licensure.
(2) Any person, partnership, corporation, or other entity whose
license has expired for nonpayment of license renewal fees, but who
is eligible to renew that license without the necessity of applying
and qualifying for an original license.
(3) Any person, partnership, or corporation licensed under Chapter
6 (commencing with Section 2700) or Chapter 6.5 (commencing with
Section 2840) of the Business and Professions Code, who provides
professional nursing services under an existing license, if the
action arises from a claim that the licensee exceeded the scope of
practice authorized by his or her license.
(e) This section shall not apply to any action for unfair trade
practices brought against an unlicensed person under Chapter 4
(commencing with Section 17000) of Part 2 of Division 7 of the
Business and Professions Code, by a person who holds a license that
is required, or closely related to the license that is required, to
engage in those activities performed by the unlicensed person.
1030. (a) When the plaintiff in an action or special proceeding
resides out of the state, or is a foreign corporation, the defendant
may at any time apply to the court by noticed motion for an order
requiring the plaintiff to file an undertaking to secure an award of
costs and attorney's fees which may be awarded in the action or
special proceeding. For the purposes of this section, "attorney's
fees" means reasonable attorney's fees a party may be authorized to
recover by a statute apart from this section or by contract.
(b) The motion shall be made on the grounds that the plaintiff
resides out of the state or is a foreign corporation and that there
is a reasonable possibility that the moving defendant will obtain
judgment in the action or special proceeding. The motion shall be
accompanied by an affidavit in support of the grounds for the motion
and by a memorandum of points and authorities. The affidavit shall
set forth the nature and amount of the costs and attorney's fees the
defendant has incurred and expects to incur by the conclusion of the
action or special proceeding.
(c) If the court, after hearing, determines that the grounds for
the motion have been established, the court shall order that the
plaintiff file the undertaking in an amount specified in the court's
order as security for costs and attorney's fees.
(d) The plaintiff shall file the undertaking not later than 30
days after service of the court's order requiring it or within a
greater time allowed by the court. If the plaintiff fails to file
the undertaking within the time allowed, the plaintiff's action or
special proceeding shall be dismissed as to the defendant in whose
favor the order requiring the undertaking was made.
(e) If the defendant's motion for an order requiring an
undertaking is filed not later than 30 days after service of summons
on the defendant, further proceedings may be stayed in the discretion
of the court upon application to the court by the defendant by
noticed motion for the stay until 10 days after the motion for the
undertaking is denied or, if granted, until 10 days after the
required undertaking has been filed and the defendant has been served
with a copy of the undertaking. The hearing on the application for
the stay shall be held not later than 60 days after service of the
summons. If the defendant files a motion for an order requiring an
undertaking, which is granted but the defendant objects to the
undertaking, the court may in its discretion stay the proceedings not
longer than 10 days after a sufficient undertaking has been filed
and the defendant has been served with a copy of the undertaking.
(f) The determinations of the court under this section have no
effect on the determination of any issues on the merits of the action
or special proceeding and may not be given in evidence nor referred
to in the trial of the action or proceeding.
(g) An order granting or denying a motion for an undertaking under
this section is not appealable.
1031. In actions for the recovery of wages for labor performed,
where the amount of the demand, exclusive of interest, does not
exceed three hundred dollars ($300), the court shall add, as part of
the cost, in any judgment recovered by the plaintiff or
cross-complainant, an attorney's fee not exceeding 20 percent of the
amount recovered.
1032. (a) As used in this section, unless the context clearly
requires otherwise:
(1) "Complaint" includes a cross-complaint.
(2) "Defendant" includes a cross-defendant or a person against
whom a complaint is filed.
(3) "Plaintiff" includes a cross-complainant or a party who files
a complaint in intervention.
(4) "Prevailing party" includes the party with a net monetary
recovery, a defendant in whose favor a dismissal is entered, a
defendant where neither plaintiff nor defendant obtains any relief,
and a defendant as against those plaintiffs who do not recover any
relief against that defendant. When any party recovers other than
monetary relief and in situations other than as specified, the
"prevailing party" shall be as determined by the court, and under
those circumstances, the court, in its discretion, may allow costs or
not and, if allowed may apportion costs between the parties on the
same or adverse sides pursuant to rules adopted under Section 1034.
(b) Except as otherwise expressly provided by statute, a
prevailing party is entitled as a matter of right to recover costs in
any action or proceeding.
(c) Nothing in this section shall prohibit parties from
stipulating to alternative procedures for awarding costs in the
litigation pursuant to rules adopted under Section 1034.
1033. (a) Costs or any portion of claimed costs shall be as
determined by the court in its discretion in a case other than a
limited civil case in accordance with Section 1034 where the
prevailing party recovers a judgment that could have been rendered in
a limited civil case.
(b) When a prevailing plaintiff in a limited civil case recovers
less than the amount prescribed by law as the maximum limitation upon
the jurisdiction of the small claims court, the following shall
apply:
(1) When the party could have brought the action in the small
claims division but did not do so, the court may, in its discretion,
allow or deny costs to the prevailing party, or may allow costs in
part in any amount as it deems proper.
(2) When the party could not have brought the action in the small
claims court, costs and necessary disbursements shall be limited to
the actual cost of the filing fee, the actual cost of service of
process, and, when otherwise specifically allowed by law, reasonable
attorneys' fees. However, those costs shall only be awarded to the
plaintiff if the court is satisfied that prior to the commencement of
the action, the plaintiff informed the defendant in writing of the
intended legal action against the defendant and that legal action
could result in a judgment against the defendant that would include
the costs and necessary disbursements allowed by this paragraph.
1033.5. (a) The following items are allowable as costs under
Section 1032:
(1) Filing, motion, and jury fees.
(2) Juror food and lodging while they are kept together during
trial and after the jury retires for deliberation.
(3) Taking, videotaping, and transcribing necessary depositions
including an original and one copy of those taken by the claimant and
one copy of depositions taken by the party against whom costs are
allowed, and travel expenses to attend depositions.
(4) Service of process by a public officer, registered process
server, or other means, as follows:
(A) When service is by a public officer, the recoverable cost is
the fee authorized by law at the time of service.
(B) If service is by a process server registered pursuant to
Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code, the recoverable cost is the amount
actually incurred in effecting service, including, but not limited
to, a stakeout or other means employed in locating the person to be
served, unless such charges are successfully challenged by a party to
the action.
(C) When service is by publication, the recoverable cost is the
sum actually incurred in effecting service.
(D) When service is by a means other than that set forth in
subparagraph (A), (B) or (C), the recoverable cost is the lesser of
the sum actually incurred, or the amount allowed to a public officer
in this state for such service, except that the court may allow the
sum actually incurred in effecting service upon application pursuant
to paragraph (4) of subdivision (c).
(5) Expenses of attachment including keeper's fees.
(6) Premiums on necessary surety bonds.
(7) Ordinary witness fees pursuant to Section 68093 of the
Government Code.
(8) Fees of expert witnesses ordered by the court.
(9) Transcripts of court proceedings ordered by the court.
(10) Attorney fees, when authorized by any of the following:
(A) Contract.
(B) Statute.
(C) Law.
(11) Court reporters fees as established by statute.
(12) Models and blowups of exhibits and photocopies of exhibits
may be allowed if they were reasonably helpful to aid the trier of
fact.
(13) Any other item that is required to be awarded to the
prevailing party pursuant to statute as an incident to prevailing in
the action at trial or on appeal.
(b) The following items are not allowable as costs, except when
expressly authorized by law:
(1) Fees of experts not ordered by the court.
(2) Investigation expenses in preparing the case for trial.
(3) Postage, telephone, and photocopying charges, except for
exhibits.
(4) Costs in investigation of jurors or in preparation for voir
dire.
(5) Transcripts of court proceedings not ordered by the court.
(c) Any award of costs shall be subject to the following:
(1) Costs are allowable if incurred, whether or not paid.
(2) Allowable costs shall be reasonably necessary to the conduct
of the litigation rather than merely convenient or beneficial to its
preparation.
(3) Allowable costs shall be reasonable in amount.
(4) Items not mentioned in this section and items assessed upon
application may be allowed or denied in the court's discretion.
(5) When any statute of this state refers to the award of "costs
and attorney's fees," attorney's fees are an item and component of
the costs to be awarded and are allowable as costs pursuant to
subparagraph (B) of paragraph (10) of subdivision (a). Any claim not
based upon the court's established schedule of attorney's fees for
actions on a contract shall bear the burden of proof. Attorney's
fees allowable as costs pursuant to subparagraph (B) of paragraph
(10) of subdivision (a) may be fixed as follows: (A) upon a noticed
motion, (B) at the time a statement of decision is rendered, (C) upon
application supported by affidavit made concurrently with a claim
for other costs, or (D) upon entry of default judgment. Attorney's
fees allowable as costs pursuant to subparagraph (A) or (C) of
paragraph (10) of subdivision (a) shall be fixed either upon a
noticed motion or upon entry of a default judgment, unless otherwise
provided by stipulation of the parties.
Attorney's fees awarded pursuant to Section 1717 of the Civil Code
are allowable costs under Section 1032 as authorized by subparagraph
(A) of paragraph (10) of subdivision (a).
1034. (a) Prejudgment costs allowable under this chapter shall be
claimed and contested in accordance with rules adopted by the
Judicial Council.
(b) The Judicial Council shall establish by rule allowable costs
on appeal and the procedure for claiming those costs.
1034.5. In unlawful detainer proceedings, the plaintiff who
recovers judgment for possession of premises, and who advances or
pays to the sheriff or marshal the expenses required for the
eviction of any persons in possession or occupancy of the premises
and the personal property of such persons, shall, after being advised
by the sheriff or marshal of the exact amount necessarily used and
expended to effect the eviction, be allowed to file a request for the
same pursuant to rules adopted by the Judicial Council.
1036. In any inverse condemnation proceeding, the court rendering
judgment for the plaintiff by awarding compensation, or the attorney
representing the public entity who effects a settlement of that
proceeding, shall determine and award or allow to the plaintiff, as a
part of that judgment or settlement, a sum that will, in the opinion
of the court, reimburse the plaintiff's reasonable costs,
disbursements, and expenses, including reasonable attorney,
appraisal, and engineering fees, actually incurred because of that
proceeding in the trial court or in any appellate proceeding in which
the plaintiff prevails on any issue in that proceeding.
1038. (a) In any civil proceeding under the California Tort Claims
Act or for express or implied indemnity or for contribution in any
civil action, the court, upon motion of the defendant or
cross-defendant, shall, at the time of the granting of any summary
judgment, motion for directed verdict, motion for judgment under
Section 631.8, or any nonsuit dismissing the moving party other than
the plaintiff, petitioner, cross-complainant, or intervenor, or at a
later time set forth by rule of the Judicial Council adopted under
Section 1034 determine whether or not the plaintiff, petitioner,
cross-complainant, or intervenor brought the proceeding with
reasonable cause and in the good faith belief that there was a
justifiable controversy under the facts and law which warranted the
filing of the complaint, petition, cross-complaint, or complaint in
intervention. If the court should determine that the proceeding was
not brought in good faith and with reasonable cause, an additional
issue shall be decided as to the defense costs reasonably and
necessarily incurred by the party or parties opposing the proceeding,
and the court shall render judgment in favor of that party in the
amount of all reasonable and necessary defense costs, in addition to
those costs normally awarded to the prevailing party. An award of
defense costs under this section shall not be made except on notice
contained in a party's papers and an opportunity to be heard.
(b) "Defense costs," as used in this section, shall include
reasonable attorneys' fees, expert witness fees, the expense of
services of experts, advisers, and consultants in defense of the
proceeding, and where reasonably and necessarily incurred in
defending the proceeding.
(c) This section shall be applicable only on motion made prior to
the discharge of the jury or entry of judgment, and any party
requesting the relief pursuant to this section waives any right to
seek damages for malicious prosecution. Failure to make the motion
shall not be deemed a waiver of the right to pursue a malicious
prosecution action.
(d) This section shall only apply if the defendant or
cross-defendant has made a motion for summary judgment, judgment
under Section 631.8, directed verdict, or nonsuit and the motion is
granted.
Government Code
6259. (a) Whenever it is made to appear by verified petition to the
superior court of the county where the records or some part thereof
are situated that certain public records are being improperly
withheld from a member of the public, the court shall order the
officer or person charged with withholding the records to disclose
the public record or show cause why he or she should not do so. The
court shall decide the case after examining the record in camera, if
permitted by subdivision (b) of Section 915 of the Evidence Code,
papers filed by the parties and any oral argument and additional
evidence as the court may allow.
(b) If the court finds that the public official's decision to
refuse disclosure is not justified under Section 6254 or 6255, he or
she shall order the public official to make the record public. If
the judge determines that the public official was justified in
refusing to make the record public, he or she shall return the item
to the public official without disclosing its content with an order
supporting the decision refusing disclosure.
(c) In an action filed on or after January 1, 1991, an order of
the court, either directing disclosure by a public official or
supporting the decision of the public official refusing disclosure,
is not a final judgment or order within the meaning of Section 904.1
of the Code of Civil Procedure from which an appeal may be taken, but
shall be immediately reviewable by petition to the appellate court
for the issuance of an extraordinary writ. Upon entry of any order
pursuant to this section, a party shall, in order to obtain review of
the order, file a petition within 20 days after service upon him or
her of a written notice of entry of the order, or within such further
time not exceeding an additional 20 days as the trial court may for
good cause allow. If the notice is served by mail, the period within
which to file the petition shall be increased by five days. A stay
of an order or judgment shall not be granted unless the petitioning
party demonstrates it will otherwise sustain irreparable damage and
probable success on the merits. Any person who fails to obey the
order of the court shall be cited to show cause why he or she is not
in contempt of court.
(d) The court shall award court costs and reasonable attorney fees
to the plaintiff should the plaintiff prevail in litigation filed
pursuant to this section. The costs and fees shall be paid by the
public agency of which the public official is a member or employee
and shall not become a personal liability of the public official. If
the court finds that the plaintiff's case is clearly frivolous, it
shall award court costs and reasonable attorney fees to the public
agency.
12965. (a) In the case of failure to eliminate an unlawful practice
under this part through conference, conciliation, or persuasion, or
in advance thereof if circumstances warrant, the director in his or
her discretion may cause to be issued in the name of the department a
written accusation. The accusation shall contain the name of the
person, employer, labor organization, or employment agency accused,
which shall be known as the respondent, shall set forth the nature of
the charges, shall be served upon the respondent together with a
copy of the verified complaint, as amended, and shall require the
respondent to answer the charges at a hearing.
For any complaint treated by the director as a group or class
complaint for purposes of investigation, conciliation, and accusation
pursuant to Section 12961, an accusation shall be issued, if at all,
within two years after the filing of the complaint. For any
complaint alleging a violation of Section 51.7 of the Civil Code, an
accusation shall be issued, if at all, within two years after the
filing of the complaint. For all other complaints, an accusation
shall be issued, if at all, within one year after the filing of a
complaint. If the director determines, pursuant to Section 12961,
that a complaint investigated as a group or class complaint under
Section 12961 is to be treated as a group or class complaint for
purposes of conciliation and accusation as well, that determination
shall be made and shall be communicated in writing within one year
after the filing of the complaint to each person, employer, labor
organization, employment agency, or public entity alleged in the
complaint to have committed an unlawful practice.
(b) If an accusation is not issued within 150 days after the
filing of a complaint, or if the department earlier determines that
no accusation will issue, the department shall promptly notify, in
writing, the person claiming to be aggrieved that the department
shall issue, on his or her request, the right-to-sue notice. This
notice shall indicate that the person claiming to be aggrieved may
bring a civil action under this part against the person, employer,
labor organization, or employment agency named in the verified
complaint within one year from the date of that notice. If the person
claiming to be aggrieved does not request a right-to-sue notice, the
department shall issue the notice upon completion of its
investigation, and not later than one year after the filing of the
complaint. A city, county, or district attorney in a location having
an enforcement unit established on or before March 1, 1991, pursuant
to a local ordinance enacted for the purpose of prosecuting HIV/AIDS
discrimination claims, acting on behalf of any person claiming to be
aggrieved due to HIV/AIDS discrimination, may also bring a civil
action under this part against the person, employer, labor
organization, or employment agency named in the notice. The superior
courts of the State of California shall have jurisdiction of those
actions, and the aggrieved person may file in these courts. An action
may be brought in any county in the state in which the unlawful
practice is alleged to have been committed, in the county in which
the records relevant to the practice are maintained and administered,
or in the county in which the aggrieved person would have worked or
would have had access to the public accommodation but for the alleged
unlawful practice, but if the defendant is not found within any of
these counties, an action may be brought within the county of the
defendant's residence or principal office. A copy of any complaint
filed pursuant to this part shall be served on the principal offices
of the department and of the commission. The remedy for failure to
send a copy of a complaint is an order to do so. Those actions may
not be filed as class actions or may not be maintained as class
actions by the person or persons claiming to be aggrieved where those
persons have filed a civil class action in the federal courts
alleging a comparable claim of employment discrimination against the
same defendant or defendants. In actions brought under this section,
the court, in its discretion, may award to the prevailing party
reasonable attorney's fees and costs, including expert witness fees,
except where the action is filed by a public agency or a public
official, acting in an official capacity.
(c) (1) If an accusation includes a prayer either for damages for
emotional injuries as a component of actual damages, or for
administrative fines, or for both, or if an accusation is amended for
the purpose of adding a prayer either for damages for emotional
injuries as a component of actual damages, or for administrative
fines, or both, the respondent may within 30 days after service of
the accusation or amended accusation, elect to transfer the
proceedings to a court in lieu of a hearing pursuant to subdivision
(a) by serving a written notice to that effect on the department, the
commission, and the person claiming to be aggrieved. The commission
shall prescribe the form and manner of giving written notice.
(2) No later than 30 days after the completion of service of the
notice of election pursuant to paragraph (1), the department shall
dismiss the accusation and shall, either itself or, at its election,
through the Attorney General, file in the appropriate court an action
in its own name on behalf of the person claiming to be aggrieved as
the real party in interest. In this action, the person claiming to be
aggrieved shall be the real party in interest and shall have the
right to participate as a party and be represented by his or her own
counsel. Complaints filed pursuant to this section shall be filed in
the superior court in any county in which unlawful practices are
alleged to have been committed, in the county in which records
relevant to the alleged unlawful practices are maintained and
administered, or in the county in which the person claiming to be
aggrieved would have worked or would have had access to public
accommodation, but for the alleged unlawful practices. If the
defendant is not found in any of these counties, the action may be
brought within the county of the defendant's residence or principal
office. Those actions shall be assigned to the court's delay
reduction program, or otherwise given priority for disposition by the
court in which the action is filed.
(3) A court may grant as relief in any action filed pursuant to
this subdivision any relief a court is empowered to grant in a civil
action brought pursuant to subdivision (b), in addition to any other
relief that, in the judgment of the court, will effectuate the
purpose of this part. This relief may include a requirement that the
employer conduct training for all employees, supervisors, and
management on the requirements of this part, the rights and remedies
of those who allege a violation of this part, and the employer's
internal grievance procedures.
(4) The department may amend an accusation to pray for either
damages for emotional injury or for administrative fines, or both,
provided that the amendment is made within 30 days of the issuance of
the original accusation.
(d) (1) Notwithstanding subdivision (b), the one-year statute of
limitations, commencing from the date of the right-to-sue notice by
the Department of Fair Employment and Housing, to the person claiming
to be aggrieved, shall be tolled when all of the following
requirements have been met:
(A) A charge of discrimination or harassment is timely filed
concurrently with the Equal Employment Opportunity Commission and the
Department of Fair Employment and Housing.
(B) The investigation of the charge is deferred by the Department
of Fair Employment and Housing to the Equal Employment Opportunity
Commission.
(C) A right-to-sue notice is issued to the person claiming to be
aggrieved upon deferral of the charge by the Department of Fair
Employment and Housing to the Equal Employment Opportunity
Commission.
(2) The time for commencing an action for which the statute of
limitations is tolled under paragraph (1) expires when the federal
right-to-sue period to commence a civil action expires, or one year
from the date of the right-to-sue notice by the Department of Fair
Employment and Housing, whichever is later.
(3) This subdivision is intended to codify the holding in Downs v.
Department of Water and Power of City of Los Angeles (1997) 58
Cal.App.4th 1093.
(e) (1) Notwithstanding subdivision (b), the one-year statute of
limitations, commencing from the date of the right-to-sue notice by
the Department of Fair Employment and Housing, to the person claiming
to be aggrieved, shall be tolled when all of the following
requirements have been met:
(A) A charge of discrimination or harassment is timely filed
concurrently with the Equal Employment Opportunity Commission and the
Department of Fair Employment and Housing.
(B) The investigation of the charge is deferred by the Equal
Employment Opportunity Commission to the Department of Fair
Employment and Housing.
(C) After investigation and determination by the Department of
Fair Employment and Housing, the Equal Employment Opportunity
Commission agrees to perform a substantial weight review of the
determination of the department or conducts its own investigation of
the claim filed by the aggrieved person.
(2) The time for commencing an action for which the statute of
limitations is tolled under paragraph (1) shall expire when the
federal right-to-sue period to commence a civil action expires, or
one year from the date of the right-to-sue notice by the Department
of Fair Employment and Housing, whichever is later.
Probate Code
2623. (a) Except as provided in subdivision (b) of this section,
the guardian or conservator shall be allowed all of the following:
(1) The amount of the reasonable expenses incurred in the exercise
of the powers and the performance of the duties of the guardian or
conservator (including, but not limited to, the cost of any surety
bond furnished, reasonable attorney's fees, and such compensation for
services rendered by the guardian or conservator of the person as
the court determines is just and reasonable).
(2) Such compensation for services rendered by the guardian or
conservator as the court determines is just and reasonable.
(3) All reasonable disbursements made before appointment as
guardian or conservator.
(4) In the case of termination other than by the death of the ward
or conservatee, all reasonable disbursements made after the
termination of the guardianship or conservatorship but prior to the
discharge of the guardian or conservator by the court.
(5) In the case of termination by the death of the ward or
conservatee, all reasonable expenses incurred prior to the discharge
of the guardian or conservator by the court for the custody and
conservation of the estate and its delivery to the personal
representative of the estate of the deceased ward or conservatee or
in making other disposition of the estate as provided for by law.
(b) The guardian or conservator shall not be compensated from the
estate for any costs or fees that the guardian or conservator
incurred in unsuccessfully opposing a petition, or other request or
action, made by or on behalf of the ward or conservatee, unless the
court determines that the opposition was made in good faith, based on
the best interests of the ward or conservatee.
2640. (a) At any time after the filing of the inventory and
appraisal, but not before the expiration of 90 days from the issuance
of letters or any other period of time as the court for good cause
orders, the guardian or conservator of the estate may petition the
court for an order fixing and allowing compensation to any one or
more of the following:
(1) The guardian or conservator of the estate for services
rendered to that time.
(2) The guardian or conservator of the person for services
rendered to that time.
(3) The attorney for services rendered to that time by the
attorney to the guardian or conservator of the person or estate or
both.
(b) Notice of the hearing shall be given for the period and in the
manner provided for in Chapter 3 (commencing with Section 1460) of
Part 1.
(c) Upon the hearing, the court shall make an order allowing (1)
any compensation requested in the petition the court determines is
just and reasonable to the guardian or conservator of the estate for
services rendered or to the guardian or conservator of the person for
services rendered, or to both, and (2) any compensation requested in
the petition the court determines is reasonable to the attorney for
services rendered to the guardian or conservator of the person or
estate or both. The compensation allowed to the guardian or
conservator of the person, the guardian or conservator of the estate,
and to the attorney may, in the discretion of the court, include
compensation for services rendered before the date of the order
appointing the guardian or conservator. The compensation allowed
shall thereupon be charged to the estate. Legal services for which
the attorney may be compensated include those services rendered by
any paralegal performing legal services under the direction and
supervision of an attorney. The petition or application for
compensation shall set forth the hours spent and services performed
by the paralegal.
(d) Notwithstanding the provisions of subdivision (c), the
guardian or conservator shall not be compensated from the estate for
any costs or fees that the guardian or conservator incurred in
unsuccessfully opposing a petition, or other request or action, made
by or on behalf of the ward or conservatee, unless the court
determines that the opposition was made in good faith, based on the
best interests of the ward or conservatee.
3601. (a) The court making the order or giving the judgment
referred to in Section 3600, as a part thereof, shall make a further
order authorizing and directing that reasonable expenses, medical or
otherwise and including reimbursement to a parent, guardian, or
conservator, costs, and attorney's fees, as the court shall approve
and allow therein, shall be paid from the money or other property to
be paid or delivered for the benefit of the minor or person with a
disability.
(b) The order required by subdivision (a) may be directed to the
following:
(1) A parent of the minor, the guardian ad litem, or the guardian
of the estate of the minor or the conservator of the estate of the
person with a disability.
(2) The payer of any money to be paid pursuant to the compromise,
covenant, or judgment for the benefit of the minor or person with a
disability.
Welfare & Institutional Code
15657.05. Where it is proven by clear and convincing evidence that
an individual is liable for abduction, as defined in Section
15610.06, in addition to all other remedies otherwise provided by
law:
(a) (1) The court shall award to the plaintiff reasonable attorney'
s fees and costs. The term "costs" shall include, but is not limited
to, costs of representing the abductee and his or her family in this
state and any other state in any action related to the abduction and
returning of the abductee to this state, as well as travel expenses
for returning the abductee to this state and reasonable fees for the
services of a conservator, if any, devoted to the litigation of a
claim brought under this article.
(2) The award of attorney's fees shall be governed by the
principles set forth in Section 15657.1.
(b) The limitations imposed by Section 377.34 of the Code of Civil
Procedure on the damages recoverable shall not apply. However, the
damages recovered shall not exceed the damages permitted to be
recovered pursuant to subdivision (b) of Section 3333.2 of the Civil
Code.
(c) The standards set forth in subdivision (b) of Section 3294 of
the Civil Code regarding the imposition of punitive damages on an
employer based upon the acts of an employee shall be satisfied before
any damages or attorney's fees permitted under this section may be
imposed against an employer.