Section 393 Of Chapter 7. Privileges And Penalties From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 7.
393
. (a) In an action or proceeding of any nature commenced in any
court against an active member of the militia or a member of the
militia in active service in pursuance of an order of the President
of the United States as a result of a state emergency for an act done
by such member in an official capacity in the discharge of duty, or
an alleged omission to do an act which it was the member's duty to
perform, or against any person acting under the authority or order of
an officer or by virtue of a warrant issued by an officer pursuant
to law:
(1) The defendant in all cases may make a general denial and give
special matter in evidence.
(2) A defendant in whose favor a final judgment is rendered in any
such action or proceeding shall recover treble costs.
(b) The Attorney General shall defend such active member or person
where the action or proceeding is civil. The senior judge advocate
on the state staff or one of the judge advocates shall defend such
active member or person where the action or proceeding is criminal,
and the Adjutant General shall designate the senior judge advocate on
the state staff, or one of the judge advocates, to defend such
active member or person.
(c) In the event such active member or person is not indemnified
by the federal government, Section 825 of the Government Code shall
apply to such active member or person.