1021.12.
(a) (1) In an action in which a court finds a state statute to be facially unconstitutional, the court shall order the state, if a party to the action, to pay the attorney’s fees and costs of the prevailing party.(2) A claim for attorney’s fees and costs pursuant to paragraph (1) is not required to be filed under Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code.
(b) For purposes of this section, “state” means the State of California, and includes a state office, officer, department, division, bureau, board, commission or agency, claims against which are paid by warrants drawn by the Controller.