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California Court of Appeal

Lee v. Dept. of Parks and Recreation, 154021

Affirmed immunity, reversed attorney fees. Plaintiff sued Defendant on a premises liability claim. The trial court found that governmental immunity applied and awarded judgment to Defendant along with attorney fees under Code of Civil Procedure section 1038. The appeals court held that government immunity did apply, but reversed the award of attorney fees because there was a real question of whether government immunity was applicable or not such that Plaintiff’s lawsuit had a reasonable cause which defeated the attorney fee award.

Appellate Information

  • Decided
  • Published 2019/08/01


  • Brown


  • California Court of Appeal


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