Civil Rights: 2/5 DCA Agrees With 2/8 DCA That Prevailing FEHA Defendant Cannot Recoup Expert Witness Fees Unless Case Was Frivolous, Unreasonable, Without Foundation, Or Brought In Bad Faith

 

2/5 Does So in Unpublished Decision.

     In Madenlian v. State of California, Case No. B233898 (2d Dist., Div. 5 May 13, 2014) (unpublished), the 2/5 DCA agreed with its colleagues on 2/8 DCA that expert witness fees cannot be awarded to a prevailing FEHA defendant unless the discrimination action was frivolous, unreasonable, without foundation, or brought in bad faith. (See Baker v. Mulholland Security & Patrol, Inc., 204 Cal.App.4^th 776, 782-783 (2012) [2/8 DCA; discussed in our March 30, 2012 post].) That resulted in reversal of a lower court award of expert witness fees to the defense in the amount of $11,030.