TENTATIVE RULING:
(1) Defendant Julio Fonseca's Motion for Recovery of Attorneys' Fees is DENIED. CCP section 1038 provides that a defendant who is successful on a "summary judgment, motion for directed verdict, motion for judgment under Section 631.8, or any nonsuit dismissing" "[i]n any civil proceeding under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code)" may recover defense costs, which include attorney's fees if the action "lacked either reasonable cause or good faith in filing or maintaining the lawsuit." (Kobzoff v. Los Angeles County Harbor/UCLA Medical Center (1998) 19 Cal.4th 851, 853; Code Civ. Proc., § 1038.) Whether or not the action was brought with reasonable cause or in good faith, the action in this case was not a "civil proceeding under the Government Claims Act." While the action references a tort claim against San Ysidro School District, that is not the basis for the action. The action is to recover alleged
Hearing Date
September 10, 2020
Category
Civil - Unlimited
Type
Misc Complaints - Other
For full print and download access, please subscribe at https://www.trellis.law/.
TENTATIVE RULING:
(1) Defendant Julio Fonseca's Motion for Recovery of Attorneys' Fees is DENIED. CCP section 1038 provides that a defendant who is successful on a "summary judgment, motion for directed verdict, motion for judgment under Section 631.8, or any nonsuit dismissing" "[i]n any civil proceeding under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code)" may recover defense costs, which include attorney's fees if the action "lacked either reasonable cause or good faith in filing or maintaining the lawsuit." (Kobzoff v. Los Angeles County Harbor/UCLA Medical Center (1998) 19 Cal.4th 851, 853; Code Civ. Proc., § 1038.) Whether or not the action was brought with reasonable cause or in good faith, the action in this case was not a "civil proceeding under the Government Claims Act." While the action references a tort claim against San Ysidro School District, that is not the basis for the action. The action is to recover alleged