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AB-3205 Civil actions: attorney’s fees and costs.(2023-2024)



Current Version: 02/16/24 - Introduced

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AB3205:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3205

Introduced by Assembly Member Essayli

February 16, 2024

An act to add Section 1021.12 to the Code of Civil Procedure, relating to civil actions.


LEGISLATIVE COUNSEL'S DIGEST


AB 3205, as introduced, Essayli. Civil actions: attorney’s fees and costs.
Existing law entitles a prevailing party, as defined, to recover costs in any action or proceeding. Existing law permits attorney’s fees to be recoverable as costs when such fees are authorized by contract, statute, or law.
This bill would require the court to order the state to pay the attorney's fees and costs of the prevailing party in an action in which the state is a party and the court finds that a state statute is facially unconstitutional. The bill would specify that a claim for attorney’s fees and costs pursuant to its provisions is not required to be filed under the Government Claims Act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1021.12 is added to the Code of Civil Procedure, to read:

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.