Under existing law, parties to actions or proceedings are entitled to their costs, as specified. Except to the extent attorney’s fees are specifically provided for by statute, existing law requires the measure and mode of compensation of attorneys and counselors at law to be left to the agreement, express or implied, of the parties. Existing law provides for the award of costs, including attorney’s fees, to successful defendants in certain cases where the court finds that the proceeding was not brought in good faith.

This bill would require a court, whenever a defendant prevails in a civil action, to award reasonable attorney’s fees to a prevailing defendant against the plaintiff upon a finding by the court that the plaintiff’s prosecution of the action was not in good faith.