In FEHA Action, No Need To Show Action Frivolous In Order To Obtain Ordinary Costs.

The trial court granted a motion for summary judgment in favor of a fire department in a FEHA case [California Fair Employment and Housing Act; Government Code section 12900], and then ordered plaintiff to pay costs of $5,368.88. On appeal, the court stated: “The issue presented is whether the District, as the prevailing party, must show that [plaintiff’s] claim was frivolous, unreasonable, or groundless in order to recover costs in an action for employment discrimination under FEHA.”  The appellate court affirmed, finding the trial court correctly found the fire department was entitled to ordinary costs without a showing the action was frivolous, unreasonable or without foundation. Williams v. Chino Valley Independent Fire District (Cal. App. Fourth Dist., Div. 2;  July 23, 2013) 218 Cal.App.4th 73.