Civil actions: attorney's fees and costs.

Existing law entitles a prevailing party, as defined, to recover costs in any action or proceeding. Existing law permits attorney's fees to be recoverable as costs when such fees are authorized by contract, statute, or law. This bill would require the court to order the state to pay the attorney's fees and costs of the prevailing party in an action in which the state is a party and the court finds that a state statute is facially unconstitutional. The bill would specify that a claim for attorney's fees and costs pursuant to its provisions is not required to be filed under the Government Claims Act.