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P0186 A public entity's motion under Code of Civil Procedure section 1038 for costs, including attorney fees, incurred in defending against an unmeritorious and frivolous lawsuit should be filed at the earliest practical time prior to the discharge of the jury or entry of judgment, and unless s/he is unavailable, it must be heard by the same judge who heard the dispositive motion.CitationGAMBLE v DEPT OF WATER AND POWER (Public Entity's Costs) 97 CA4 253 [See: CCP 1038; County of SD v Muniz 22 C3 29]
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