California AB859 amends civil procedure to allow recovery of defense costs if a proceeding is found not to be brought in good faith.

California AB859 amends Section 1038 of the Code of Civil Procedure to allow a party opposing a proceeding to recover defense costs if the court finds the proceeding was not brought in good faith. Defense costs include attorney's fees, expert witness fees, and expenses for experts, advisers, and consultants. The court must render judgment in favor of the opposing party for all reasonable and necessary defense costs. This applies to civil proceedings under the Government Claims Act and for indemnity or contribution in civil actions.

California AB859 amends civil procedure to allow recovery of defense costs if a proceeding is found not to be brought in good faith.

California AB859 amends Section 1038 of the Code of Civil Procedure to allow a party opposing a proceeding to recover defense costs if the court finds the proceeding was not brought in good faith. Defense costs include attorney's fees, expert witness fees, and expenses for experts, advisers, and consultants. The court must render judgment in favor of the opposing party for all reasonable and necessary defense costs. This applies to civil proceedings under the Government Claims Act and for indemnity or contribution in civil actions.