Existing law provides that a prevailing party is entitled as a matter of right to recover costs in any action or proceeding, and specifies those items allowable as costs. Existing law provides in any case other than a limited civil case, it is within the court’s discretion to deny costs to the prevailing party if the judgment could have been rendered in a limited civil case.
The bill specifies that these existing statutory provisions that provide trial courts with discretion to deny costs if the prevailing party recovers a judgment that could have been rendered in a limited civil case does not apply to civil actions brought under the FEHA.
The bill is in response to the California Supreme Court’s January 14, 2010, holding in Chavez v. City of Los Angeles, 47 Cal.4th 970 (2010), that a trial court has discretion in a civil action brought under FEHA to deny a successful plaintiff attorney fees when the plaintiff chooses to proceed in an unlimited civil jurisdiction, but recovers less than the $25,000 jurisdictional minimum for an unlimited case.
Amends Section 1033 of the Code of Civil Procedure.
To enrollment on 08/30/10.