California Codes

Cal. Government Code § 54960.5 (2026)

✓ current as of May 2026

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A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960, 54960.1, or 54960.2 where it is found that a legislative body of the local agency has violated this chapter. Additionally, when an action brought pursuant to Section 54960.2 is dismissed with prejudice because a legislative body has provided an unconditional commitment pursuant to paragraph (1) of subdivision (c) of that section at any time after the 30-day period for making such a commitment has expired, the court shall award court costs and reasonable attorney fees to the plaintiff if the filing of that action caused the legislative body to issue the unconditional commitment. The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency.

A court may award court costs and reasonable attorney fees to a defendant in any action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1978–2024 · leading case: Morcos v. Bd. of Ret., 800 P.2d 543 (Cal. 1990).

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Morcos v. Bd. of Ret., 800 P.2d 543 (Cal. 1990). · cites it 2× “525 ]); Government Code section 27648 ( Municipal Court v.”

Common Cause v. Stirling, 119 Cal. App. 3d 658 (Cal. Ct. App. 1981). · cites it 2× “" I believe the discretion authorized under the Brown Act provision (Gov. Code, § 54960.5) should be identical to the discretion authorized under the case law generally and Code of Civil Procedure section 1021.”

Serv. Employees Int'l Union, Local 99 v. Options—A Child Care & Human Servs. Agency, 200 Cal. App. 4th 869 (Cal. Ct. App. 2011). “Code, § 54960, subd. (a).) The prevailing plaintiff in such an action may recover its attorney fees if the court finds that the legislative body has violated the Brown Act.”

Henderson v. Bd. of Educ., 78 Cal. App. 3d 875 (Cal. Ct. App. 1978). “Such costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee thereof.”

Common Cause v. Stirling, 147 Cal. App. 3d 518 (Cal. Ct. App. 1983). “Government Code section 54960.5 gives a trial court discretion to grant “reasonable attorney fees” where a violation of section 54960 has been found.”

Joiner v. City of Sebastopol, 125 Cal. App. 3d 799 (Cal. Ct. App. 1981). “A contrary view would lead to the unacceptable conclusion that a legislative body which desired to evade the strictures of Government Code section 54952.3 could do so simply by declaring that the existence of an advisory committee including nonmembers of the governing body was…”

Westlands Water Dist. v. All Persons Interested etc. CA5 (Cal. Ct. App. 2024). “(Gov. Code, § 54960.5; Galbiso v. Orosi Public Utility Dist.”

Staley v. Carlson CA1/1 (Cal. Ct. App. 2013). “The Staleys first contend Carlson’s and Sheridan’s success on their minimum wage claims was so limited, they cannot be said to have prevailed under section 1194.”

Kent v. Lake Don Pedro Com. Servs. Dist. CA5 (Cal. Ct. App. 2015). “” (Gov. Code, § 54960.5.) The court’s finding that this standard was satisfied was based primarily on its remarkable notion that plaintiffs admitted their lawsuit was clearly frivolous and totally lacking in merit when they signed the district’s proposed ruling dismissing the…”

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