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August 10, 2009

New Law Limits Public Entities' Ability to Recover Attorney Fees and Costs Despite Prevailing in Public Records Act or Brown Act Litigation

Effective January 1, 2010, new legislation limits when public entities will be able to recover attorney’s fees and costs for claims brought under the California Public Records Act (PRA), Bagley-Keene Open Meetings Act, or the Ralph M. Brown Act. Under California Code of Civil Procedure §425.16, public entities will only be able to recover attorney fees and costs from plaintiffs a court finds clearly filed a frivolous lawsuit under any of those laws.

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