Carroll

Robert Carroll and Michelle Jensen (Plaintiffs) have appealed from judgments awarding costs and fees to the County of Riverside (County) in the sum of $6,097.25 and awarding costs and fees to the State of California (State) in the sum of $3,680. The courts awarded the costs and fees after granting each governmental entity’s motion for summary judgment.

Issues

Plaintiffs allege that each trial court abused its discretion in finding that Plaintiffs’ action was not prosecuted in good faith and with reasonable cause and in awarding defense costs to the County and State under Code of Civil Procedure section 1038. Plaintiffs also ask this court to determine whether the trial court, in awarding defense costs to the State, demonstrated undue prejudice against Plaintiffs’ attorneys of record.

Facts

On May 2, 1987, Plaintiffs were injured while riding a motorcycle which collided with an automobile driven by Teresa Carroll (no relation to plain tiff Carroll) at the intersection of Adams and Garfield Streets (the intersection) in the City of Riverside (City).

Complaint

Plaintiffs filed the summons and complaint nunc pro tunc December 24, 1987. The complaint alleged that the…