Costs, Employment: On Remand From California Supreme Court, Third District Reverses Appellate Costs Award To Prevailing Defendant In A FEHA Action

Pollock Analysis Dictated The Overturn.

               In York v. City of Sacramento, Case No. C097761 (3d Dist. May 14, 2025) (unpublished), the Third District in an earlier opinion affirmed a summary adjudication order against plaintiff in a FEHA case and awarded appellate costs to the prevailing employer.  The California Supreme Court granted review and remanded for the DCA to perform the analysis set forth in Pollock v. Tri-Modal Distribution Services, Inc. (2021) 11 Cal.5^th 918, 947-951 to determine if plaintiff’s case was frivolous, groundless, or without foundation before awarding appellate costs.  On remand, the Third District determined plaintiff’s case was not groundless, overturning the costs award in the defense’s favor.