California Court of Appeal

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GAMBLE v. DEPT. WATER AND POWER, B152079

Under Code of Civil Procedure section 1038, which allows public entities to recover the costs of defending against unmeritorious and frivolous lawsuits, a motion for costs should be filed at the earliest practical time "prior to the discharge of the jury or entry of judgment," and the motion for costs must be heard by the same judge who hears the dispositive motion.

Appellate Information

  • Decided 03/28/2002
  • Published 03/28/2002

Judges

  •  VOGEL (MIRIAM A.), J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  Rockard J. Delgadillo, City Attorney, Philip Shiner, Chief Assistant City Attorney for Water and Power, and Lisa S. Berger, Deputy City Attorney, for Defendants and Appellants., Law Offices of John R. Blanchard and John R. Blanchard, for Plaintiff and Respondent.
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