Can a court award defense costs in a tort claim under the California Tort Claims Act?

California, United States of America


The following excerpt is from Hall v. Regents of University of California, 43 Cal.App.4th 1580, 51 Cal.Rptr.2d 387 (Cal. App. 1996):

Code of Civil Procedure section 1038 1 authorizes an award of defense costs in any civil proceeding under the California Tort Claims Act [43 Cal.App.4th 1583] "If the court should determine that the proceeding was not brought in good faith and with reasonable cause, ..." In the context of the Tort Claims Act, 2 the statute " 'provides public entities with a protective remedy for defending against unmeritorious litigation' [citation] as a judicially approved alternative to a constitutionally proscribed action for malicious prosecution." (Knight v. City of Capitola (1992) 4 Cal.App.4th 918, 931, 6 Cal.Rptr.2d 874.)

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