California 2023-2024 Regular Session

California Assembly Bill AB1897

Introduced
1/23/24  
Introduced
1/23/24  

Caption

Civil actions: prevailing defendant: attorney’s fees.

Impact

If enacted, AB 1897 will have significant implications on state laws governing civil litigation. Currently, while courts can award costs including attorneys' fees to successful defendants in certain cases, this bill formalizes the process and sets a clear standard for when such fees must be awarded. This could lead to a decrease in the number of unmeritorious lawsuits, as potential plaintiffs may be dissuaded by the risk of incurring attorney fees if they do not win their cases. The change may also foster more information-based decision-making prior to launching litigation.

Summary

Assembly Bill 1897, introduced by Assembly Member Flora, seeks to amend the California Code of Civil Procedure by adding Section 1021.2. The bill aims to streamline the legal process regarding civil actions by requiring courts to award reasonable attorneys' fees to defendants who prevail in a civil action, provided the court determines that the plaintiff's prosecution of the action was not conducted in good faith. This bill is expected to create a more balanced approach in legal proceedings by discouraging frivolous lawsuits and promoting responsible litigation practices.

Contention

The introduction of AB 1897 is likely to provoke debate among legal practitioners and lawmakers. Proponents will argue that the bill is a necessary step to protect defendants from being burdened by litigation costs when faced with unfounded claims, enhancing the integrity of the judicial system. Conversely, opponents may express concerns that it could deter legitimate claims and access to justice, as individuals might think twice before pursuing legal action for fear of being ordered to pay the defendants’ fees if they do not prevail. This highlights the ongoing tension between encouraging legal accountability and ensuring access to the courts.

Companion Bills

No companion bills found.

Previously Filed As

CA AB1693

Civil actions: intervention.

CA SB727

Human trafficking: civil actions.

CA SB518

Civil actions: settlement offers.

CA AB3062

Civil actions: pleadings and motions.

CA AB712

Civil actions: change of venue.

CA AB2391

Civil actions: vexatious litigants.

CA AB3205

Civil actions: attorney’s fees and costs.

CA HB4398

Civil procedure: civil actions; false claims act; enact. Creates new act.

CA HB4327

Civil procedure: civil actions; false claims act; enact. Creates new act.

CA SB222

Climate disasters: civil actions.

Similar Bills

MI SB0997

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MI HB5431

Civil procedure: remedies; wrongful imprisonment compensation act; modify evidence requirements. Amends secs. 2, 4, 5 & 7 of 2016 PA 343 (MCL 691.1752 et seq.).

CA SB799

False claims: taxation.

CA AB2570

False Claims Act.

MI HB4398

Civil procedure: civil actions; false claims act; enact. Creates new act.

MI HB4327

Civil procedure: civil actions; false claims act; enact. Creates new act.

CA SB660

Initiative, referendum, and recall petitions: compensation for signatures.

CA SB1394

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