California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 1 — General ProvisionsArticle 11 — Professional ReportingSection 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.

Notes

Requires a court in a lawsuit challenging a reportable peer-review action or restriction to award suit costs, including reasonable attorney’s fees, to a substantially prevailing party when the opponent litigated frivolously, unreasonably, without foundation, or in bad faith. Limits prevailing-party status according to whether the plaintiff obtained damages or permanent injunctive or declaratory relief.

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Lexinter.net | California Code, Business and Professions Code - BPC § 809.9 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-1/article-11/section-809-9

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