AB 859

  • California Assembly Bill
  • 2025-2026 Regular Session
  • Introduced in Assembly
  • Passed Assembly Apr 21, 2025
  • Senate
  • Governor

Civil Procedure: recovery of defense costs.

Abstract

Existing law permits a defendant or a cross-defendant in a civil proceeding under the Government Claims Act, or in any civil action for indemnity or contribution, to seek from the court, at the time of the granting of a motion for summary judgment, directed verdict, motion for judgment in a nonjury trial, or nonsuit dismissing the moving party other than the plaintiff, petitioner, cross-complainant, or intervenor, to determine whether the plaintiff, petitioner, cross-complainant, or intervenor brought their proceeding in good faith and with reasonable cause. If the court determines that the proceeding was not brought in good faith or with reasonable cause, existing law requires the court to decide the reasonable and necessary defense costs incurred by party opposing the proceeding and to render judgment in favor of that party. Existing law applies these provisions only if the defendant or cross-defendant has made a motion for summary judgment, a motion for directed verdict, a motion for judgment in a nonjury trial, or nonsuit. This bill would expand the above provision to apply to a demurrer brought by a defendant or cross-defendant.

Bill Sponsors (1)

Votes


Actions


Aug 29, 2025

Senate

In committee: Held under submission.

Jul 07, 2025

Senate

In committee: Referred to APPR. suspense file.

  • Referral-Committee
APPR. suspense file. APPR

Jun 25, 2025

Senate

From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (June 24). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

May 07, 2025

Senate

Referred to Coms. on JUD. and APPR.

  • Referral-Committee
Coms. on JUD. and APPR.

Apr 21, 2025

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 1176.)

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Apr 09, 2025

Assembly

Read second time. Ordered to Consent Calendar.

Apr 08, 2025

Assembly

From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (April 8).

Mar 03, 2025

Assembly

Referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Feb 20, 2025

Assembly

From printer. May be heard in committee March 22.

Feb 19, 2025

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB859 HTML
02/19/25 - Introduced PDF

Related Documents

Document Format
04/04/25- Assembly Judiciary PDF
06/20/25- Senate Judiciary PDF
07/03/25- Senate Appropriations PDF

Sources

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