Section 800 Of Division 3.5. Costs In Civil Actions Resulting From Administrative Proceedings From California Government Code >> Division 3.5. >> Title 1.
800
. (a) In any civil action to appeal or review the award,
finding, or other determination of any administrative proceeding
under this code or under any other provision of state law, except
actions resulting from actions of the California Victim Compensation
and Government Claims Board, if it is shown that the award, finding,
or other determination of the proceeding was the result of arbitrary
or capricious action or conduct by a public entity or an officer
thereof in his or her official capacity, the complainant if he or she
prevails in the civil action may collect from the public entity
reasonable attorney's fees, computed at one hundred dollars ($100)
per hour, but not to exceed seven thousand five hundred dollars
($7,500), if he or she is personally obligated to pay the fees in
addition to any other relief granted or other costs awarded.
(b) This section is ancillary only, and shall not be construed to
create a new cause of action.
(c) The refusal by a public entity or officer thereof to admit
liability pursuant to a contract of insurance shall not be considered
arbitrary or capricious action or conduct within the meaning of this
section.