Prevailing FEHA Defendant Must Bring A Motion To Obtain Discretionary Costs Because Losing Plaintiff’s Case Must Be Shown To Be Objectively Frivolous In Nature.
On January 15, 2024, we posted on Neeble-Diamond v. Hotel California by the Sea, LLC, Case No. G061425, which was issued on January 11, 2024 as an unpublished opinion. We can now report it was certified for publication on February 5, 2024. The opinion holds that a prevailing FEHA defendant cannot recover costs solely through a costs memorandum, because all costs are discretionary and need to have a noticed motion to decide if losing plaintiff’s case was objectively frivolous. Without that showing on a noticed motion, a costs memo is not the proper vehicle for the defense to pursue costs in this area.
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