California Business and Professions Code Section 809.9
Legal Research Home >
California Laws > Business and Professions Code > California Business and Professions Code Section 809.9
In any suit brought to challenge an action taken or a
restriction imposed which is required to be reported pursuant to
Section 805, the court shall, at the conclusion of the action, award
to a substantially prevailing party the cost of the suit, including a
reasonable attorney's fee, if the other party's conduct in bringing,
defending, or litigating the suit was frivolous, unreasonable,
without foundation, or in bad faith. For the purposes of this
section, a defendant shall not be considered to have substantially
prevailed when the plaintiff obtains an award for damages or
permanent injunctive or declaratory relief. For the purpose of this
section, a plaintiff shall not be considered to have substantially
prevailed when the plaintiff does not obtain an award of damages or
permanent injunctive or declaratory relief.
Section: 809.9
Last modified: February 13, 2012
|