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CA AB859
Bill
Status
Engrossed
4/21/2025
Primary Sponsor
Alexandra Macedo
Click for details
AI Summary
- Expands existing law allowing defendants to recover defense costs when a plaintiff's lawsuit is found to lack good faith and reasonable cause
- Adds successful demurrers to the list of procedural victories that can trigger a court's evaluation of whether the plaintiff filed in bad faith (previously limited to summary judgment, directed verdict, nonsuit, and judgment in nonjury trials)
- Defense costs recoverable include attorney's fees, expert witness fees, and expenses for consultants and advisers when reasonably incurred
- Applies to civil proceedings under the Government Claims Act and civil actions for indemnity or contribution
- Requires motion to be made before jury discharge or judgment entry; requesting this relief waives the right to pursue a separate malicious prosecution lawsuit
Legislative Description
Civil Procedure: recovery of defense costs.
Last Action
In committee: Held under submission.
8/29/2025
Committee Referrals
Appropriations6/25/2025
Judiciary5/7/2025
Rules4/21/2025
Judiciary3/3/2025
Full Bill Text
No bill text available