Does a finding of bad faith need to be considered?
California, United States of America
The following excerpt is from Summers v. City of Cathedral City, 225 Cal.App.3d 1047, 275 Cal.Rptr. 594 (Cal. App. 1990):
21 In Pyne v. Meese (1985) 172 Cal.App.3d 392, 405, 218 Cal.Rptr. 87, a case relied upon by the City, the trial court expressly found that the behavior of the party whom he sanctioned was "frivolous and in bad faith." Given that finding, it is of little authority for the proposition that a finding of bad faith is unnecessary.
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