Legal Question in Civil Litigation in California

Re: Penalties for bringing a non-actionable case

In California, the general rule is that that court cannot award the prevailing party attorney's fees unless there is a specific contract clause or statute that applies. However, it depends on the type of claim involved. For example, an HOA can collect attorney fees from an owner that fails to pay the HOA dues, but a car accident victim cannot recover fees.

If the action was frivolous, then you can file a motion for sanctions or perhaps a lawsuit for maliscious prosecution and abuse of process. In any case, you should have an attorney review the specifics of your case to see if sanctions or attorney fees are recoverable.

Re: Penalties for bringing a non-actionable case

Generally, no. American courts do not operate on a loser-pays basis.

Unless there is a specific statute which says the losing party must pay the winner's fees in the type of case you have brought or the parties have a contract which contains such terms, the parties must each bear their own fees and costs.

Re: Penalties for bringing a non-actionable case

A court can only make such an order where there is (1) a statute on point that provides for such, or (2) a contract providing for such. In the absence of either, you bear your own fees (and likely, costs). To claim attorneys' fees as costs, a costs memorandum must be filed timely. There are strict statutory requirements at issue; you should immediately consult an attorney familiar with civil litigation for an analysis of whether you are entitled to the fees/costs you seek. We handle such claims. Contact us if/when you are ready to proceed.