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HomeCode of Civil ProcedurePRELIMINARY PROVI...Pt. 2Ch. 6§ 1038 Costs For Frivolous Claims

§ 1038 Costs For Frivolous Claims

Code of Civil Procedure·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1038 Costs For Frivolous Claims

This law says that if someone sues the government or asks for money in a lawsuit, and the court throws out the case, the judge can make the person who sued pay the government's legal bills if the lawsuit was silly or not serious.

Key Takeaways

  • •If you sue the government and lose badly, you might have to pay their legal fees.
  • •The judge decides if your lawsuit was reasonable or not.
  • •This only happens if the government wins the case early, like before a trial.

Example

Imagine you sue the city because you tripped on a sidewalk, but the city proves the sidewalk was fine and you just weren't paying attention. The judge throws out your case.

The city can ask the judge to make you pay their lawyer fees because your lawsuit wasn't reasonable or in good faith.

How to Calculate

No specific formula provided in the statute.

  1. No calculation steps required.

Not applicable.

Result: Not applicable.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1038 Costs For Frivolous Claims

(a) In any civil proceeding under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or for express or implied indemnity or for contribution in any civil action, the court, upon motion of the defendant or cross-defendant, shall, at the time of the granting of any summary judgment, motion for directed verdict, motion for judgment under Section 631.8, or any nonsuit dismissing the moving party other than the plaintiff, petitioner, cross-complainant, or intervenor, or at a later time set forth by rule of the Judicial Council adopted under Section 1034, determine whether or not the plaintiff, petitioner, cross-complainant, or intervenor brought the proceeding with reasonable cause and in the good faith belief that there was a justifiable controversy under the facts and law which warranted the filing of the complaint, petition, cross-complaint, or complaint or answer in intervention. If the court should determine that the proceeding was not brought in good faith and with reasonable cause, an additional issue shall be decided as to the defense costs reasonably and necessarily incurred by the party or parties opposing the proceeding, and the court shall render judgment in favor of that party in the amount of all reasonable and necessary defense costs, in addition to those costs normally awarded to the prevailing party. An award of defense costs under this section shall not be made except on notice contained in a party’s papers and an opportunity to be heard. (b) “Defense costs,” as used in this section, shall include reasonable attorney’s fees, expert witness fees, the expense of services of experts, advisers, and consultants in defense of the proceeding, and where reasonably and necessarily incurred in defending the proceeding. (c) This section shall be applicable only on motion made before the discharge of the jury or entry of judgment, and any party requesting the relief pursuant to this section waives any right to seek damages for malicious prosecution. Failure to make the motion shall not be deemed a waiver of the right to pursue a malicious prosecution action. (d) This section shall only apply if the defendant or cross-defendant has made a motion for summary judgment, judgment under Section 631.8, directed verdict, or nonsuit and the motion is granted. (Amended by Stats. 2017, Ch. 131, Sec. 3. (AB 1693) Effective January 1, 2018.)

Last verified: January 9, 2026

Key Terms

judgmentindemnityterminationmotionclaimportpetitionerplaintiff

Related Statutes

  • § 1268.610 Defendant Litigation Expense Awards
  • § 597 Defenses Before Merits Trial
  • § 1255.280 Excess Withdrawal Repayment
  • § 1255.410 Motion For Possession Order
  • § 128.7 Attorney Signature Certification

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Code of Civil Procedure. Section 1038.
View Official Source