Judge: Stephen I. Goorvitch, Case: BC701973, Date: 2023-12-11 Tentative Ruling

Case Number: BC701973    Hearing Date: December 11, 2023    Dept: 39

Ereni Youssef v. County of Los Angeles Probation Department

Case No. BC701973

Motion to Tax Costs

            Defendant filed a motion of costs on appeal seeking $1,860 in costs to copy and print briefs.  Plaintiff filed a motion to tax costs.  A defendant who prevails in a FEHA case may recover costs only if the plaintiff’s claims were “frivolous, unreasonable, without foundation, or brought in bad faith.”  (Chavez v. City of Los Angeles (2010) 47 Cal.4th 970, 984.)  Although the Court granted Defendant’s motion for summary judgment and the District Court of Appeal affirmed that decision, the Court cannot conclude that Defendant has satisfied this requirement.  Nor did Defendant attempt to do so, as Defendant’s counsel did not file an opposition to the motion.

            Based upon the foregoing, the Court orders as follows:

            1.         Plaintiff’s motion to tax costs is granted.  Defendant shall not be entitled to any costs on appeal.

            2.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.