Motion: Plaintiff’s Motion to Strike and Tax Costs
Tentative Ruling:
To grant, and to tax costs in the amount of $1,825.30. Defendant shall be awarded $344.40 in costs.
Explanation:
Where Fair Employment and Housing Act (FEHA) and non-FEHA claims are
intertwined and inseparable, “Government Code section 12965, subdivision (b)'s exception to the mandatory award of litigation costs under [Code of Civil Procedure] section 1032, subdivision (b), implements a clear legislative goal of encouraging potentially meritorious FEHA suits. (Williams [v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97], 112 . . . .) Although section 1032, subdivision (b), also serves an important purpose, relieving a party whose position was vindicated in court of the basic costs of litigation, when those costs have not been increased by the inclusion of additional theories of liability to the primary FEHA claim asserted, the express public policy of Government Code section 12965, subdivision (b), controls.
Hearing Date
March 29, 2019
Type
15 Unlimited - Other Employment
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Motion: Plaintiff’s Motion to Strike and Tax Costs
Tentative Ruling:
To grant, and to tax costs in the amount of $1,825.30. Defendant shall be awarded $344.40 in costs.
Explanation:
Where Fair Employment and Housing Act (FEHA) and non-FEHA claims are
intertwined and inseparable, “Government Code section 12965, subdivision (b)'s exception to the mandatory award of litigation costs under [Code of Civil Procedure] section 1032, subdivision (b), implements a clear legislative goal of encouraging potentially meritorious FEHA suits. (Williams [v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97], 112 . . . .) Although section 1032, subdivision (b), also serves an important purpose, relieving a party whose position was vindicated in court of the basic costs of litigation, when those costs have not been increased by the inclusion of additional theories of liability to the primary FEHA claim asserted, the express public policy of Government Code section 12965, subdivision (b), controls.