Judge: Thomas D. Long, Case: 22STCV34888, Date: 2025-01-14 Tentative Ruling

Case Number: 22STCV34888    Hearing Date: January 14, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On October 14, 2024, the Court entered judgment in favor of Defendant Target Corporation and against Plaintiff Daniel Husband.

On October 28, 2024, Defendant filed a memorandum of costs.

On November 12, 2024, Plaintiff filed a motion to tax costs.

A prevailing defendant in a FEHA action may be awarded fees and costs only when the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.  (Gov. Code, § 12965, subd. (c)(6).)  This prohibition on recovery also applies to fees and costs that would otherwise be recoverable under Code of Civil Procedure section 998.  (Gov. Code, § 12965, subd. (c)(6).)  “By making a cost award discretionary rather than mandatory, Government Code section 12965(b) [now section 12965, subdivision (c)(6)] expressly excepts FEHA actions from Code of Civil Procedure section 1032(b)’s mandate for a cost award to the prevailing party.”  (Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 105.)

A cost memorandum is a request for the clerk to award the costs a prevailing party would be entitled to as a matter of right under Code of Civil Procedure section 1032.  (Neeble-Diamond v. Hotel California By the Sea, LLC (2024) 99 Cal.App.5th 551, 557.)  “The clerk has no authority to exercise discretion in awarding costs, let alone to make the frivolousness finding required by section 12965,” so a cost memorandum is an ineffective means of seeking costs in a FEHA case.  (Ibid.)  If a prevailing FEHA defendant fails to file a motion for discretionary costs, it forfeits its claim for costs, even if the plaintiff does not respond to the ineffective cost memorandum.  (Id. at p. 558.)

The motion to tax costs is GRANTED.  Defendant shall not recover its costs in this action.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 14th day of January 2025