In any action for damages arising out of the performance of a peace officer's duties, brought against a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or against a public entity employing a peace officer or in an action for libel or slander brought pursuant to Section 45 or 46 of the Civil Code, the court may, in its discretion, award reasonable attorney's fees to the defendant or defendants as part of the costs, upon a finding by the court that the action was not filed or maintained in good faith and with reasonable cause.
§ 1021.7.Attorney's Fees In Action Against Peace Officer Or For Libel and Slander Not Filed In Good Faith and With Reasonable Cause
Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Enacted 1981 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 1021.7 lets a court award reasonable attorney's fees to a defendant in a damages action against a peace officer or public entity employer, or in a libel or slander action, if the court finds the case was not filed or maintained in good faith and with reasonable cause.
Full Text of § 1021.7
Plain-English Summary
This section protects a narrow set of defendants from litigation that never had a good-faith basis. It reaches two situations: damages actions against a peace officer, as defined by the Penal Code, or against a public entity that employs one, arising out of the officer's duties, and libel or slander actions brought under Civil Code §§ 45 and 46.
Winning the case isn't enough on its own to trigger a fee award. The court has to make an additional finding, that the plaintiff's action wasn't filed or maintained in good faith and with reasonable cause. That's a meaningfully higher bar than losing alone, and it puts the fee decision squarely in the court's discretion.
When the court does make that finding, the attorney's fees it awards to the defendant become part of the costs of the action, folding into the broader cost-recovery framework the rest of this chapter sets out.
Frequently Asked Questions
Can a peace officer recover attorney's fees from a plaintiff who sues and loses?
Only if the court also finds that the action was not filed or maintained in good faith and with reasonable cause -- losing the case alone isn't enough.
Does Section 1021.7 apply to libel and slander cases generally?
It applies to libel or slander actions brought under Civil Code §§ 45 and 46, on the same good-faith-and-reasonable-cause standard.
Is an award of fees under this section mandatory?
No. The statute gives the court discretion to award reasonable attorney's fees as part of costs once it makes the required finding.
Amendment History
Added by Stats. 1981, Ch. 980, Sec. 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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