In Smith v. Selma Community Hospital, 2010 DJDAR 13933 (2010), the California Court of Appeal, Fifth District, held that under Business and Professions Code Section 809.9, a substantially prevailing party in a peer review lawsuit is entitled to an attorney fee award if the other party’s conduct in bringing, defending or litigating the case was frivolous, unreasonable, without foundation or in bad faith.

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