California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 1 — Relief, Title 5 — Uniform Trade Secrets Act, Section 3426.4

If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney’s fees and costs to the prevailing party. Recoverable costs hereunder shall include a reasonable sum to cover the services of expert witnesses, who are not regular employees of any party, actually incurred and reasonably necessary in either, or both, preparation for trial or arbitration, or during trial or arbitration, of the case by the prevailing party.

Notes

Allows a court to award reasonable attorney fees and costs to the prevailing party when a misappropriation claim, injunction-termination motion, or resistance to such a motion is made in bad faith, or when misappropriation is willful and malicious. Recoverable costs include reasonably necessary expert-witness services actually incurred for trial or arbitration preparation or proceedings.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 3426.4 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-1/title-5/section-3426-4

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.