CALIFORNIA FAMILY LAW
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Attorney Fees
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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.