Objective Lack of Merit Shifts Fees Under CCP § 1038

Ponte v. County of Calaveras, No. C079180 (D3 Aug. 15, 2017)

Plaintiff here brought a sketchy oral contract/promissory estoppel claim against a small County in NorCal. After a bunch of demurrers sustained with leave to amend, the trial court granted SJ for the County. The trial court ultimately found that the claims had been brought in both objective and subjective bad faith, and awarded fees to the County under Code of Civil Procedure § 1038.