Ariz. Rev. Stat. » Title 41
Arizona Revised Statutes

Ariz. Rev. Stat. § 41-1491.36 (2026)

Prevailing party; fees and costs

✓ current as of May 2026
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A court in a civil action brought under this article shall award reasonable attorney fees and costs to a prevailing plaintiff, except to the attorney general in an action brought under section 41-1491.33. The court shall not award attorney fees to a prevailing defendant unless the plaintiff's complaint was frivolous, unreasonable or without foundation.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2002–2023 · leading case: Canady v. Prescott Canyon Estates Homeowners Ass'n, 60 P.3d 231 (Ariz. Ct. App. 2002).
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Canady v. Prescott Canyon Estates Homeowners Ass'n, 60 P.3d 231 (Ariz. Ct. App. 2002). · cites it 3× “ATTORNEYS’ FEES ¶ 17 The Canadys and Garapich request an award of their costs and attorneys’ fees incurred in both this court and the trial court pursuant to A.R.S. § 41-1491.36 (1999). Section 41-1491.”
McCoy v. Hassen (Ariz. Ct. App. 2022). · cites it 4× “¶37 Under A.R.S. § 41-1491.36, “[t]he court shall not award attorney fees to a prevailing defendant unless the plaintiff’s complaint was frivolous, unreasonable or without foundation.”
Sw. Fair Hous. Council v. WG Chandler Villas SH LLC (D. Ariz. 2023). “8 § 41-1491.36. (Doc. 116.) Plaintiff seeks fees for work performed by lawyers and legal 9 support staff employed by Richards & Moskowitz PLC, Baskin Richards PLC, and 10 Eisenberg & Baum, LLP.”
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