Morris v. Harper Book Reviews
Morris v. Harper by California Court of Appeals Book Summary
Section 1038 of the Code of Civil Procedure allows public entities to recover the costs (including attorneys fees) of defending against unmeritorious and frivolous lawsuits. The issue on this appeal is one of timing, and it presents itself because section 1038 provides (1) that an award of costs can only be made on noticed motion and after a hearing, and (2) that the court must determine the merits of the motion for costs at the time it grants a motion for summary judgment, or a motion for directed verdict, or a motion for judgment under section 631.8, or any non-suit dismissing the moving party, but also provides (3) that the motion can be made at any time prior to the discharge of the jury or entry of judgment. We find the statute ambiguous on the issue of timing, construe it to mean that a motion for costs should be filed at the earliest practical time "prior to the discharge of the jury or entry of judgment" (§ 1038, subd. (c)), and hold that the motion for costs must be heard by the same judge who hears the dispositive motion. We reverse.
Book Name | Morris v. Harper |
Genre | Law |
Author | California Court of Appeals |
Published | 31 October 2001, Wednesday |
Language | English |
E-Book Size | 57.71 KB |
Morris v. Harper (California Court of Appeals) Book Reviews 2024
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Summary of Morris v. Harper by California Court of Appeals
The Morris v. Harper book written by California Court of Appeals was published on 31 October 2001, Wednesday in the Law category. A total of 62 readers of the book gave the book 0 points out of 5.
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