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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: Previous  807  808  808.5  809  809.05  809.08  809.1  809.2  809.3  809.4  809.5  809.6  809.7  809.8  809.9

Last modified: February 13, 2012