REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Attorneys Fees and Costs

Single Topic for Decision 2995E

View all topics for Decision 2995E

Full Decision Text (click on the link to view): Full Text

To determine whether a claim, defense, motion, or other action is frivolous, the Board examines whether it is so manifestly erroneous that no prudent representative would have filed or maintained it. (Palomar Health, supra, PERB Decision No. 2895-M, p. 67.) To determine whether a party acted with subjective bad faith, we examine whether the party’s conduct was dilatory, vexatious, or otherwise an abuse of process, and we may infer such intent from circumstantial evidence. (Ibid.) It is bad faith conduct if a party or representative fails to verify AI generated citations.