What is the objective test for establishing that a party's conduct in litigating a suit was without foundation?

Whether evidence is present in the record to support a factual assertion and whether authority has been presented to support a legal position are questions that both trial and appellate courts handle routinely in administering their caseload. The record of the proceeding will contain a party's (1) factual assertions and references to the evidence that supports those assertions and (2) legal positions and the authority cited to support those positions. Based on the nature of the inquiry and the record available, the existence of supporting evidence and authority can be determined as a matter of objective fact. Accordingly, we conclude that the question whether a party's conduct in litigating a suit was "without foundation" is an issue that the courts must decide as a matter of law under an objective test. As such, the issue is subject to independent review on appeal. (Cf. Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1274, 78 Cal.Rptr.3d 372 [application of objective test of reasonableness was subject to independent review on appeal].)