Santos v. County of Riverside
After the County of Riverside (the County) won a summary judgment motion, it filed a motion to recover attorney fees and costs under Code of Civil Procedure section 1038. That section allows a defendant to recover defense costs when the court determines that a proceeding was not brought in good faith and with reasonable cause. The County requested attorney fees of $20,825 and costs of $520.36.
The trial court granted the Countys motion and awarded it $3,000 in defense fees and costs. The County appeals, contending that the amount awarded is inadequate to reimburse it for the fees and costs it incurred as a result of this allegedly frivolous lawsuit. The award of attorney fees under section 1038 is affirmed.
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