CA AB3205

Court must order the state to pay attorney's fees and costs of the prevailing party when a state statute is found facially unconstitutional in an action where the state is a party.

Claims for attorney's fees and costs under this provision are exempt from the Government Claims Act filing requirements.

"State" includes the State of California and any state office, officer, department, division, bureau, board, commission, or agency whose claims are paid by warrants drawn by the Controller.