Although FEHA Case Was Not Frivolous, Costs Allowable On Non-FEHA Claims.
Even though a losing FEHA plaintiff only gets tagged with routine costs if plaintiff’s case is frivolous, that does not mean that plaintiffs in all actions do not face exposure, which is the situation when non-FEHA claims are involved.
Obi v. L.A. County Sheriff’s Office, Case No. B296553 et al. (2d Dist., Div. 2 Aug. 18, 2020) (unpublished) illustrates the point. In that appeal, a plaintiff suffered an adverse summary judgment in a case with mixed FEHA and non-FEHA claims. The trial court awarded the defense $13,191.95 in routine costs although finding that the FEHA claims were not frivolous in nature. The appellate court affirmed the costs award because costs are recoverable with respect to non-FEHA claims, and nothing showed that the awarded costs were not incurred on all the mixed claims. In its reply brief, plaintiff tried to challenge costs not contested in the motion to tax costs, but the 2/2 DCA said that was waived by not moving to tax them in the previous motion before the trial judge.
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