Plain English Breakdown
The official text confirms expansion to 'demurrers' but does not define what constitutes a demurrer beyond its inclusion in existing law.
AB-859: Adding Demurrers to Rules for Recovering Defense Costs
This law allows courts in specific civil cases to order plaintiffs to pay defense costs if a demurrer is granted and the court finds the lawsuit lacked good faith or reasonable cause.
What This Bill Does
- Expands existing rules that let courts check if a plaintiff filed a case in good faith with reasonable cause when a defendant wins via a demurrer.
- Adds 'demurrer' to the list of legal motions where defendants can ask for this review, joining summary judgment, directed verdict, motion for judgment in nonjury trials, and nonsuit.
- Requires courts to calculate defense costs if they find the lawsuit was not brought in good faith or with reasonable cause after granting a demurrer.
- Orders plaintiffs, petitioners, cross-complainants, or intervenors to pay those calculated costs to the opposing party.
Who It Names or Affects
- Defendants and cross-defendants who file a demurrer in civil cases under the Government Claims Act.
- Parties involved in civil actions for indemnity or contribution where a demurrer is filed.
- Plaintiffs, petitioners, cross-complainants, or intervenors whose lawsuits are dismissed via a granted demurrer.
Terms To Know
- Demurrer
- A legal motion arguing that the complaint does not state enough facts to support a valid claim.
- Government Claims Act
- Laws governing lawsuits filed against government entities or officials in California.
- Indemnity or Contribution
- Legal actions where one party seeks to be paid back for losses caused by another, or asks others to share the cost of a loss.
Limits and Unknowns
- This change only applies if the court grants the demurrer and dismisses the case against the moving party.
- The law does not apply unless the defendant is in a civil proceeding under the Government Claims Act or an action for indemnity or contribution.