Bill > AB859

This bill expands the existing legal provision that allows defendants or cross-defendants in certain civil proceedings to recover defense costs when a case is dismissed. Currently, defendants can seek to recover costs if they successfully win dismissal through summary judgment, directed verdict, or nonsuit, and can prove the plaintiff did not bring the case in good faith or with reasonable cause. The bill adds "demurrer" (a legal pleading that challenges the legal sufficiency of a complaint without addressing the facts) to the list of acceptable methods for seeking such cost recovery. This means that if a defendant successfully challenges a complaint's legal basis through a demurrer and the court finds the original proceeding was not brought in good faith, the defendant can now be awarded reasonable defense costs, including attorney's fees, expert witness fees, and other related expenses. The bill aims to provide defendants with a broader avenue to recoup legal expenses when they believe a lawsuit was filed without merit, while maintaining existing safeguards such as requiring notice and an opportunity to be heard.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB859