Civil procedure: attorney's fees and costs.

Existing law subjects to a special motion to strike a cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. Existing law entitles a prevailing defendant on that special motion to strike to recover his or her attorney's fees and costs. This bill would prohibit that prevailing defendant from recovering attorney's fees and costs in the following actions: whenever it is made to appear by verified petition that certain public records are improperly being withheld from a member of the public, specified actions involving meeting provisions of the legislative body of a local agency or a state body, or an action to obtain a judicial determination that an action taken by a legislative body of a local agency or a state body is null and void, as specified. The bill would specify that nothing in that provision shall be construed to prevent a prevailing defendant from recovering attorney's fees and costs pursuant to specified provisions that allow a defendant to recover reasonable attorney's fees and costs in certain circumstances, such as when the court finds that the action is clearly frivolous.