Cal. Codes » Business and Professions Code / DIVISION 2. HEALING ARTS / CHAPTER 1. General Provisions / ARTICLE 11. Professional Reporting
California Codes

Cal. Business and Professions Code § 809.9 (2026)

Professional Reporting

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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In any suit brought to challenge an action taken or a restriction imposed which is required to be reported pursuant to Section 805, the court shall, at the conclusion of the action, award to a substantially prevailing party the cost of the suit, including a reasonable attorney’s fee, if the other party’s conduct in bringing, defending, or litigating the suit was frivolous, unreasonable, without foundation, or in bad faith. For the purposes of this section, a defendant shall not be considered to have substantially prevailed when the plaintiff obtains an award for damages or permanent injunctive or declaratory relief. For the purpose of this section, a plaintiff shall not be considered to have substantially prevailed when the plaintiff does not obtain an award of damages or permanent injunctive or declaratory relief.

Notes of Decisions
Cited in 3 cases, 2010–2020 · leading case: Smith v. Selma Cmty. Hosp., 188 Cal. App. 4th 1 (Cal. Ct. App. 2010).
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Smith v. Selma Cmty. Hosp., 188 Cal. App. 4th 1 (Cal. Ct. App. 2010). “) After the appeal, Smith filed a motion for attorney fees pursuant to *7 Business and Professions Code section 809.”
Retzloff v. Moulton Parkway Residents' Assn., No. G053164 (Cal. Ct. App. Aug. 23, 2017). “4th 1 , articulates an applicable legal standard for frivolous within the context of Business and Professions Code section 809.”
Jones v. Goodman, 57 Cal. App. 5th 521 (Cal. Ct. App. 2020). “” (Black’s Law 15 Business and Professions Code section 809.”
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