Motion: Plaintiff’s Motion to Strike or Tax Costs
Tentative Ruling:
To grant, striking defendants’ Memorandum of Costs in its entirety.
Explanation:
Costs in this case are governed by Government Code section 12965, subdivision (b), which overrides Code of Civil Procedure section 1032, et seq. (Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 105.) A plaintiff’s causes of action which are closely related to the Fair Employment and Housing Act (“FEHA”) claims are likewise governed by the FEHA fee/cost provision. (Roman v. BRE Properties, Inc. (2015) 237 Cal.App.4th 1040, 1059-1060.) Here, the non-FEHA claims were intertwined with the FEHA claims, as they were based on the same set of facts.
The rule under Government Code section 12965, subdivision (b), is that an award of attorney’s fees and costs to the prevailing party is discretionary with the court, except that a prevailing defendant “shall not be awarded fees and costs unless the court finds the action was frivo
Hearing Date
May 15, 2019
Type
15 Unlimited - Other Employment
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Motion: Plaintiff’s Motion to Strike or Tax Costs
Tentative Ruling:
To grant, striking defendants’ Memorandum of Costs in its entirety.
Explanation:
Costs in this case are governed by Government Code section 12965, subdivision (b), which overrides Code of Civil Procedure section 1032, et seq. (Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 105.) A plaintiff’s causes of action which are closely related to the Fair Employment and Housing Act (“FEHA”) claims are likewise governed by the FEHA fee/cost provision. (Roman v. BRE Properties, Inc. (2015) 237 Cal.App.4th 1040, 1059-1060.) Here, the non-FEHA claims were intertwined with the FEHA claims, as they were based on the same set of facts.
The rule under Government Code section 12965, subdivision (b), is that an award of attorney’s fees and costs to the prevailing party is discretionary with the court, except that a prevailing defendant “shall not be awarded fees and costs unless the court finds the action was frivo