California, United States of America
The following excerpt is from Hall v. Regents of University of California, 43 Cal.App.4th 1580, 51 Cal.Rptr.2d 387 (Cal. App. 1996):
Code of Civil Procedure section 1038 1 authorizes an award of defense costs in any civil proceeding under the California Tort Claims Act [43 Cal.App.4th 1583] "If the court should determine that the proceeding was not brought in good faith and with reasonable cause, ..." In the context of the Tort Claims Act, 2 the statute " 'provides public entities with a protective remedy for defending against unmeritorious litigation' [citation] as a judicially approved alternative to a constitutionally proscribed action for malicious prosecution." (Knight v. City of Capitola (1992) 4 Cal.App.4th 918, 931, 6 Cal.Rptr.2d 874.)
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