AB 859: Civil Procedure: recovery of defense costs.

This bill expands a provision that allows a defendant or cross-defendant to seek recovery of defense costs in a civil proceeding. The provision applies to a broader range of motions, including demurrers, in addition to motions for summary judgment, directed verdict, judgment in a nonjury trial, and nonsuit. If the court determines that the plaintiff did not bring the proceeding in good faith or with reasonable cause, the court will decide the reasonable and necessary defense costs and render judgment in favor of the opposing party. This change aims to provide greater protection for defendants and cross-defendants in civil cases, ensuring they can recover costs incurred in defending against frivolous or unjustified claims.