California, United States of America
The following excerpt is from American President Lines, Ltd. v. Zolin, 38 Cal.App.4th 910, 45 Cal.Rptr.2d 370 (Cal. App. 1995):
" 'The award of attorney's fees under Government Code section 800 is allowed only if the actions of a public entity or official were wholly arbitrary or capricious. The phrase "arbitrary or capricious" encompasses conduct not supported by a fair or substantial reason, a stubborn insistence on following unauthorized conduct, or a bad faith legal dispute.' [Citations.] Attorney's fees may not be awarded simply because the administrative entity or official's action was erroneous, even if it was 'clearly erroneous.' [Citations.]" (Stirling v. Agricultural Labor Relations Bd. (1987) 189 Cal.App.3d 1305, 1312, 235 Cal.Rptr. 56.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.