What is the test for ordering a party to pay attorney's fees in a personal injury action?

California, United States of America


The following excerpt is from Beuchel v. Superior Court of L. A. Cnty., B268193 (Cal. App. 2017):

A trial court may order one party to pay the other's "reasonable expenses, including attorney's fees" if the first party engaged in "bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay." (Code Civ. Proc., 128.5, subd. (a).) We review a court's order granting sanctions under section 128.5 for an abuse of discretion. (Moore v. Shaw (2004) 116 Cal.App.4th 182, 199.)

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