Wedgeworth

INTRODUCTION

This appeal boils down to whether, in making a motion for attorney fees and expert fees under Code of Civil Procedure section 1038 (section 1038), a public entity is required to support its motion with evidence, or at least citations to the trial court’s record. The public entity here, the City of Newport Beach (the City), contends that it met its burden on the section 1038 motion by pointing to the entirety of the record, from which the trial court should have been able to determine whether plaintiffs brought and maintained the lawsuit in good faith, and had reasonable cause to initiate and maintain the lawsuit. We reject the City’s contention. We further conclude the trial court did not err, based on the evidentiary record before it, in determining plaintiffs brought and maintained the action in good faith and with reasonable cause, and affirm the trial court’s order denying the City’s section 1038 motion. As we explain, the City’s section 1038 motion and this appeal are without merit and close to frivolous.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

William Robert Wedgeworth (William) committed suicide while in the custody of the City’s police department.…