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Kobzoff v. Los Angeles County Harbor/ Ucla Medical Center12/28/1998
mpt to change or modify existing law should not result in a section 1038 award to the defendant. Plaintiffs' lawsuit, however, was not aimed at modifying existing law. It simply sought damages for wrongful death against a defendant entitled to a legislatively drawn statutory immunity that plaintiffs did not challenge. In light of these facts and the County's undisputed immunity, only the Legislature could modify or extend the existing law. If the burden on plaintiffs suing public entities subject to statutory immunities proves too onerous, the Legislature can always modify the law.
Conclusion
We conclude section 1038 permits trial courts to award defendants their costs and fees on a finding that plaintiffs did not bring or maintain the action either with reasonable cause or in the good faith belief in a "justifiable controversy under the facts and law." (ยง 1038, subd. (a).) Because the trial court here found that plaintiffs maintained their action without reasonable cause, we reverse the Court of Appeal judgment and remand for proceedings consistent with this opinion.
CHIN, J.
WE CONCUR:
See next page for addresses and telephone numbers for counsel who argued in Supreme Court.
Unpublished Opinion Original Appeal Original Proceeding Review Granted XXX 59 Cal.App.4th 219 Rehearing Granted
Opinion No. S066874
Date Filed: December 28, 1998
Court: Superior County: Los Angeles Judge: Enrique Romero and Richard L. Fruin, Jr.
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