What is the incentive for a plaintiff to sue a public agency for non-payment of costs and reasonable attorney fees?
California, United States of America
The following excerpt is from Nat'l Conference of Black Mayors v. Chico Cmty. Publ'g, Inc., 236 Cal.Rptr.3d 1, 25 Cal.App.5th 570 (Cal. App. 2018):
Law Offices of Marc Grossman v. Victor Elementary School Dist. (2015) 238 Cal.App.4th 1010, 1013, 190 Cal.Rptr.3d 86.) The incentive is that a plaintiff will receive an award of costs and reasonable attorney fees from a public agency upon prevailing and will not be liable for the public agencys costs and reasonable attorney fees unless the action is frivolous. ( Filarsky , supra , 28 Cal.4th at p. 427, 121 Cal.Rptr.2d 844, 49 P.3d 194.)
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