California Court of Appeal

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Settle v. State of California, B249236

Following summary judgment in favor of defendant-state in a personal injury action, the trial court's order that plaintiff and her attorney to pay attorney's fees and costs pursuant to Code of Civil Procedure section 1038, is reversed, where section 1038 defense costs, which includes attorney fees, may not be imposed on plaintiff's attorney even if counsel lacks reasonable cause and good faith in filing or maintaining a tort action against a public entity.

Appellate Information

  • Decided 07/23/2014
  • Published 07/23/2014




  • California Court of Appeal


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