California Code of Civil Procedure

§ 128.5

CCP § 128.5 Effective Aug 7, 2017Title 1 · Part 1 · Ch. 6 · Art. 2

Statute text

(a)A trial court may order a party, the party’s attorney, or both, to pay the reasonable expenses, including attorney’s fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. This section also applies to judicial arbitration proceedings under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3.

(b)For purposes of this section:

(1)“Actions or tactics” include, but are not limited to, the making or opposing of motions or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading. The mere filing of a complaint without service thereof on an opposing party does not constitute “actions or tactics” for purposes of this section.

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Legislative history

Amended (as amended by Stats. 2014, Ch. 425, Sec. 1) by Stats. 2017, Ch. 169, Sec. 1. (AB 984) Effective August 7, 2017.