Judge: Douglas W. Stern, Case: 19STCV42550, Date: 2023-12-21 Tentative Ruling

Case Number: 19STCV42550    Hearing Date: December 29, 2023    Dept: 68

Sara Berrelleza vs. County of Los Angeles, 19STCV42550

Motion to Strike Defendant’s Memorandum of Costs

Moving Party: Plaintiff Sara Berrelleza

Background

            On July 18, 2023, this Court granted a summary judgment motion in favor of Defendant County of Los Angeles (Defendant). The Court found that Plaintiff Sara Berrelleza (Plaintiff) had not met her burden of showing that there were triable issues of fact for her causes of action for sexual harassment, FEHA retaliation, and whistleblower retaliation against Defendant. Judgment was entered in favor of Defendant on August 21, 2023.

            On December 4, 2023, Defendant filed a motion for recovery of attorney fees in the amount of $582,435.00. Plaintiff opposes the motion on the basis that Defendant cannot be awarded attorney fees for FEHA claims unless the Court finds that the FEHA claims were frivolous, unreasonable, or groundless. Plaintiff also opposes the motion on the basis that she does not have the ability to pay the fees.

Analysis

            The analysis and ruling for this motion is the same as the Court’s ruling for the motion to strike costs that was filed by Plaintiff and heard on December 21, 2023.  The Court incorporates by reference its ruling on that matter.

            The Court denies Defendant’s motion for attorney fees.

Order

            Defendant’s motion for attorney fees is DENIED.