Dudman

Plaintiff Dudman was allegedly injured when he struck a guy wire which stretched across a street in San Francisco. He filed suit naming several defendants, including the State of California.

The state moved for summary judgment and defense costs under Code of Civil Procedure section 1038. 1 The trial court rendered summary judgment *619 and found that Dudman did not bring this action against the state in good faith and with reasonable cause within the meaning of section 1038. The judgment denies the state’s request for defense costs, however, “for the reason that [the state’s] moving papers do not contain sufficient information to enable the Court to determine the amount of defense costs. [The state’s] request to file a further declaration to enable the Court to determine defense costs is also denied.”

The state appeals from the portion of the judgment which denies defense costs under section 1038.

Evidence of Defense Costs

The state’s moving papers do not include a valuation of defense costs. There is, however, sufficient information from which to fix a costs figure. “The California courts have repeatedly held that testimony or other direct evidence of the reasonable…