CCP § 1021.7 at Issue.
In Harris v. Kennedy, Case No. E052411 (4th Dist., Div. 2 Aug. 13, 2012) (unpublished), plaintiffs lost a demurrer based on immunity grounds arising from a civil rights action against the police, with the trial court subsequently awarding the defense all requested attorney’s fees of $34,078.60 under Code of Civil Procedure section 1021.7. (Section 1021.7 is a special discretionary fee-shifting provision applicable to certain civil rights or libel actions against governmental entities/police officers, allowing an award of fees to defendants if the “action was not filed or maintained in good faith and with reasonable cause.”) At the fee hearing, the trial court did indicate a lack of reasonable cause so as to justify the award for defendants and against plaintiffs
Plaintiffs’ appeal was unsuccessful, primarily because they did not present an adequate record on appeal. They failed to include defendants’ motion for fees, which prevented effective review and demonstrated the ruling was no abuse of discretion.