California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 4.5 — Recording Notice of Certain Actions, Chapter 3 — Expungement and Other Relief, Section 405.38

The court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney’s fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorney’s fees and costs unjust.

Notes

Requires the court to award the prevailing party on any motion under this chapter reasonable attorney fees and costs incurred in making or opposing the motion. Exempts the losing party from that fee-and-cost consequence when the court finds substantial justification or other circumstances that would make imposing the award unjust.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 405.38 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-4-5/chapter-3/section-405-38

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