Attorney General No.
SA2004RF0021
Secretary of State No.
1059
Description
FRIVOLOUS COURT FILINGS. PAYMENT OF LEGAL COSTS. STATE BAR NOTICE. INITIATIVE STATUTE. Requires losing party and lawyer in frivolous civil lawsuit, as defined, to pay legal costs of prevailing party. Judge required to give written explanation for dismissing or continuing case when party claims opponent's court filing is frivolous, and to notify State Bar if judge sanctions attorney or law firm for frivolous filing, with cost of notification paid by sanctioned attorney or firm. State Bar must recommend discipline if three sanction notices received against same attorney or law firm within five year period. Measure inapplicable to small claims actions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result in an unknown, but probably minor absorbable cost to the state.
Proponents
Robert McCracken, (626) 919-8290
Date
7-8-2004
Document Type
Initiative
Qualified
Failed to Qualify
Recommended Citation
FRIVOLOUS COURT FILINGS. PAYMENT OF LEGAL COSTS. STATE BAR NOTICE. INITIATIVE STATUTE. California Initiative 1059 (2004).
https://repository.uclawsf.edu/ca_ballot_inits/1216