Section 8602. Definitions  


Latest version.
  • For the purpose of this article:
        (a)  "Action"  means  any  civil  action or proceeding brought to seek
      judicial review of an action of the state as defined in subdivision  (g)
      of this section, including an appellate proceeding, but does not include
      an action brought in the court of claims.
        (b)  "Fees and other expenses" means the reasonable expenses of expert
      witnesses, the reasonable cost of any study, analysis, consultation with
      experts, and like expenses, and reasonable attorney fees, including fees
      for work performed by law students or paralegals under  the  supervision
      of  an attorney incurred in connection with an administrative proceeding
      and judicial action.
        (c)  "Final  judgment"  means  a  judgment  that  is  final  and   not
      appealable, and settlement.
        (d) "Party" means (i) an individual whose net worth, not including the
      value of a homestead used and occupied as a principal residence, did not
      exceed  fifty  thousand  dollars at the time the civil action was filed;
      (ii) any  owner  of  an  unincorporated  business  or  any  partnership,
      corporation,  association,  real  estate developer or organization which
      had no more than one hundred employees at the time the civil action  was
      filed,  (iii)  any  organization  described  in section 501(c)(3) of the
      Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation
      under section 501(a) of such Code regardless of the number of employees.
        (e) "Position of the state" means the act, acts or failure to act from
      which judicial review is sought.
        (f) "Prevailing party" means a plaintiff or petitioner  in  the  civil
      action  against  the  state who prevails in whole or in substantial part
      where such party and the state prevail upon separate issues.
        (g) "State" means the state or any of  its  agencies  or  any  of  its
      officials acting in his or her official capacity.