Case Summary

4991 Code of Civil Procedure, § 1038, which authorizes courts to award fees and costs to defendants who prevail in brining dispositive motions against frivolous claims, applies only to civil proceedings brought under the Government Claims Act. Therefore, the trial court in a 42 U.S.C. § 1983 case properly denied a defense motion for fees and costs after granting summary judgment in favor of the state and its agencies and officials.

CALIF CORRECTIONAL PEACE OFFICERS ASSOCIATION v VIRGA (§ 1983 Fees) 181 CA4 30 [See 42 USC § 1983; CCP § 1038; CCP § 1008]