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

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A party to a PERB matter seeking litigation expenses based upon its attorney fees and costs in that matter must normally prove that its opponent maintained a claim, defense, or motion, or engaged in another action or tactic, that was without arguable merit and pursued in bad faith. (Sacramento City Unified School District (2020) PERB Decision No. 2749, p. 11.) Although the District raised arguments that had already been resolved and were no longer subject to dispute, the District integrated those arguments with non-frivolous ones and convinced the Board to reverse the Board agent’s administrative determination. Accordingly, the Board did not find the District’s conduct in litigating compliance issues met the sanctions standard. (pp. 21-22.)