What is the test for awarding attorney fees and expenses incurred in opposing a motion to quash?

California, United States of America


The following excerpt is from Atalaya Funding II LP v. Barkett, D070339 (Cal. App. 2017):

"Section 1987.2, subdivision (a), provides that a trial court may in its discretion award reasonable attorney fees and expenses incurred in making or opposing a motion to quash 'if the court finds the motion was made or opposed in bad faith or without substantial justification.' 'Substantial justification' means 'that a justification is clearly reasonable because it is well grounded in both law and fact. [Citations.]' [Citation.] We review the trial court's ruling on the discovery sanction imposed ... under the abuse of discretion standard." (Vasquez v. California School of Culinary Arts, Inc. (2014) 230 Cal.App.4th 35, 40-41.)

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