CALIFORNIA FAMILY LAW
...Attorney Fees
......Actions-Types of
.........Governmental Agencies
6 Cards On This Topic:
  • No attorney fee awards against governmental agencies except as sanctions.
  • R&TC §5152 allows the recovery of attorneys fees in a successful taxpayer refund action only where the assessor did not apply a particular taxation provision because he or she believed it to be unconstitutional or invalid.
  • In order to avoid paying defendant's costs under CCP §1038, plaintiff must show the action was pursued with reasonable cause and in the good faith belief there was a justifiable controversy.
  • Former Civil Code section 4370 did not permit prevailing party an award of fees against governmental agency.
  • Attorney fees may be awarded based upon Code Civ. Proc. §1021.5, "private attorney general" statute.
  • Attorney fees in paternity cases.