Cal. Code of Civil Procedure § 405.38 : Recording Notice Of Certain Actions — California Code Of Civil Procedure — Definitions And General Provisions — Expungement And Other Relief — Attorney's fees and costs Date: 1 Aug 2016 TEXT PDF Current through the 2016 Legislative Session The court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorney's fees and costs unjust. Ca. Civ. Proc. Code § 405.38