[Download] "Kobzoff V. Los Angeles County Harbor/ Ucla Medical Center" by California Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Kobzoff V. Los Angeles County Harbor/ Ucla Medical Center
- Author : California Supreme Court
- Release Date : January 28, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
Code of Civil Procedure section 1038 allows certain defendants, including public entities, to recover the costs of defending frivolous civil actions under the California Tort Claims Act (Tort Claims Act) if the court determines the proceeding was not brought "with reasonable cause and in the good faith belief that there was a justifiable controversy under the facts and law. . . ." *fn1 (Code Civ. Proc., § 1038, subd. (a).) *fn2 Here we resolve a conflict in the Courts of Appeal over whether a lack of either reasonable cause or good faith alone is sufficient to sustain a section 1038, subdivision (a), award, or whether both elements must be lacking. After reviewing the statute and pertinent case law, we conclude applicable defendants may recover defense costs under section 1038 if the trial court finds the plaintiffs lacked either reasonable cause or good faith in filing or maintaining the lawsuit.