(a) If the requester prevails in litigation filed pursuant to this chapter, the court shall award court costs and reasonable attorney’s fees to the requester. The costs and fees shall be paid by the public agency and shall not become a personal liability of the public official involved.

(b) If the court finds that a requester’s case pursuant to this chapter is clearly frivolous, the court shall award court costs and reasonable attorney’s fees to the public agency.

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Terms Used In California Government Code 7923.115

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • public agency: means any state or local agency. See California Government Code 7920.525

(c) This article does not limit a requester’s right to obtain fees and costs pursuant to this section or any other law.

(Added by Stats. 2021, Ch. 614, Sec. 2. (AB 473) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 7931.000.)

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