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Bill

AB 859

Civil Procedure: recovery of defense costs.

2025-2026 Regular Session Introduced by Ali Macedo

AB 859 allows California civil defendants to recover legal defense costs under specified circumstances, potentially discouraging frivolous claims while risking reduced access to courts for plaintiffs.

In committee: Held under submission.
#civilprocedure #recoveryofdefensecosts
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Bill Summary · AB 859

Legislative bill overview

AB 859 modifies California civil procedure law to allow defendants to recover their legal defense costs under specified circumstances. The bill passed the Assembly with unanimous support and was referred to the Senate for consideration. It addresses the allocation of litigation expenses between parties in civil cases.

Why is this important

Civil litigation can be extremely expensive for defendants, particularly in cases where they ultimately prevail or where claims lack merit. This bill could provide financial relief to defendants and potentially discourage frivolous lawsuits by making plaintiffs bear the cost of unsuccessful litigation. The outcome affects access to justice, litigation incentives, and the practical feasibility of defending against civil claims.

Potential points of contention

  • Chilling effect on legitimate claims: Provisions allowing defendants to recover costs might discourage valid lawsuits by plaintiffs with limited financial resources, potentially blocking access to courts for those with legitimate grievances
  • Definition and scope ambiguity: The specific circumstances under which costs can be recovered—and what costs qualify—will determine real-world impact; unclear language could create litigation over cost-recovery itself
  • Asymmetrical burden on plaintiffs: If cost-recovery applies primarily in certain case types (employment, consumer, etc.), it could disproportionately burden specific groups and affect the balance of power in particular legal relationships

Compiled from official sources — confirm details with the bill’s official record.

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