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GAMBLE v. LOS ANGELES DEPT. OF WATER AND POWER

No. B152079.

118 Cal.Rptr.2d 271 (2002)

97 Cal.App.4th 253

Donald GAMBLE, Plaintiff and Respondent, v. LOS ANGELES DEPARTMENT OF WATER AND POWER et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division One.

March 28, 2002.

Attorney(s) appearing for the Case

Rockard J. Delgadillo, City Attorney, Philip Shiner, Chief Assistant City Attorney for Water and Power, and Lisa S. Berger, Deputy City Attorney, for Defendants and Appellants.

Law Offices of John R. Blanchard and John R. Blanchard, for Plaintiff and Respondent.

VOGEL (MIRIAM A.), J.

Section 1038 of the Code of Civil Procedure allows public entities to recover the costs (including attorneys' fees) of defending against unmeritorious and frivolous lawsuits.1 The issue on this appeal is one of timing, and it presents itself because section 1038 provides (1) that an award of costs can only be made on noticed motion and after a hearing, and (2) that the court must determine the merits of the motion...

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