Civil Procedure: recovery of defense costs.

Plain English Breakdown

The official source material does not provide specific details on the amount of defense costs that can be recovered or how these provisions are applied beyond the specified motions.

Expanding Rules for Recovering Defense Costs

AB-859 changes civil procedure rules to allow defendants and cross-defendants to seek recovery of defense costs when a demurrer is brought, in addition to existing motions.

What This Bill Does

• Allows defendants or cross-defendants to ask the court for reimbursement of reasonable and necessary defense costs if they win on a demurrer.
• Requires the court to decide whether the plaintiff's case was brought without good faith or reasonable cause when considering reimbursement requests.

Who It Names or Affects

• Defendants and cross-defendants in civil proceedings under the Government Claims Act or actions for indemnity or contribution.
• Courts that handle these types of cases.

Terms To Know

Demurrer

A legal motion asking a court to dismiss a case because it does not state enough facts to support the claim.

Summary Judgment

A decision made by a judge before a trial, based on evidence that shows there is no need for a trial.

Limits and Unknowns

• The bill does not specify how much defense costs can be recovered.
• It only applies to certain types of civil proceedings and motions as defined in the Government Claims Act or actions for indemnity or contribution.

Official Summary Text

AB 859, as introduced, Macedo.
Civil Procedure: recovery of defense costs.
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.
This bill would expand the above provision to apply to a demurrer brought by a defendant or cross-defendant.

Current Bill Text

Download Bill PDF