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Updated:   2026-02-04

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Measure
Authors Macedo  
Subject Civil Procedure: recovery of defense costs.
Relating To relating to civil procedure.
Title An act to amend Section 1038 of the Code of Civil Procedure, relating to civil procedure.
Last Action Dt 2025-02-19
State Introduced
Status In Committee Process
Flags
Vote Req Approp Fiscal Cmte Local Prog Subs Chgs Urgency Tax Levy Active?
Majority No No No None No No Y
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Leginfo Link  
Bill Actions
2025-08-29     In committee: Held under submission.
2025-07-07     In committee: Referred to APPR. suspense file.
2025-06-25     From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (June 24). Re-referred to Com. on APPR.
2025-05-07     Referred to Coms. on JUD. and APPR.
2025-04-21     Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 1176.)
2025-04-21     In Senate. Read first time. To Com. on RLS. for assignment.
2025-04-09     Read second time. Ordered to Consent Calendar.
2025-04-08     From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (April 8).
2025-03-03     Referred to Com. on JUD.
2025-02-20     From printer. May be heard in committee March 22.
2025-02-19     Read first time. To print.
Versions
Introduced     2025-02-19
Analyses TBD
Latest Text Bill Full Text
Latest Text Digest

Existing law permits a defendant or a cross-defendant in a civil proceeding under the Government Claims Act, or in any civil action for indemnity or contribution, to seek from the court, at the time of the granting of a motion for summary judgment, directed verdict, motion for judgment in a nonjury trial, or nonsuit dismissing the moving party other than the plaintiff, petitioner, cross-complainant, or intervenor, to determine whether the plaintiff, petitioner, cross-complainant, or intervenor brought their proceeding in good faith and with reasonable cause. If the court determines that the proceeding was not brought in good faith or with reasonable cause, existing law requires the court to decide the reasonable and necessary defense costs incurred by party opposing the proceeding and to render judgment in favor of that party. Existing law applies these provisions only if the defendant or cross-defendant has made a motion for summary judgment, a motion for directed verdict, a motion for judgment in a nonjury trial, or nonsuit.

This bill would expand the above provision to apply to a demurrer brought by a defendant or cross-defendant.