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If you like, use the following table of contents to navigate to any specific subsection you have questions about. The FEHA statute expressly directs the use of a different standard than the general costs statute: Costs that would be awarded as a matter of right to the prevailing party under Code of Civil Procedure section 1032(b) are instead awarded in the discretion of the trial court under Government Code section 12965(b). 1/1/2023. (Id. (6) In civil actions brought under this section, the court, in its discretion, may award (a) In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, or persuasion, or in advance thereof if circumstances warrant, the director in his or her discretion may cause to be issued in the name of the department a written accusation. (C) The notices specified in subparagraphs (A) and (B) shall indicate that the person claiming to be aggrieved may bring a civil action In actions under the Fair Employment and Housing Act (FEHA), Government Code section 12965, subdivision (b) provides for the recovery of attorneys fees, costs, and expert-witness fees and overrides the standard cost-recovery provision that applies in civil actions generally, section 1032 of the Code of Civil Procedure. A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. 43, Sec. California Government Code Section 12965 12965 (a) Part (a), provides that if an alleged discrimination case fails to settle through mediation or other alternative dispute resolution (ADR), the claimant may bring a civil action. ( 1032, subd. Code 12900 et seq. Code, 12965, subd. (3) This subdivision is intended to codify the holding in Downs v. Department of Water and Power of City of Los Angeles (1997) 58 Cal.App.4th 1093. Website Copyright 2023 by Neubauer & Associates, Inc.The articles appearing in requirements have been met: (A) A charge of discrimination or harassment is timely filed concurrently with the Sign up for our free summaries and get the latest delivered directly to you. California Government Code 12965 GC. But the trial court awarded $50,000 in ordinary costs and expert-witness fees incurred after the date of defendants 998 offer, which the plaintiff had rejected. a court is empowered to grant in a civil action brought pursuant to subdivision (c), in addition to any other relief that, in the judgment of the court, will effectuate An action may be brought in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendants residence or principal office. If the claimant chooses to initiate a civil action, after going through the necessary procedures, they must file in any California county where the discrimination took place, where records related to those acts are, or where the claimant would have worked or had access to public accommodation had they not otherwise been the subject of unlawful acts. The amendment to Section 12965 (b), which took effect on Jan. 1, 2019, substantially limits the circumstances under which a trial court may award a prevailing FEHA defendant its fees and costs. This is true notwithstanding any statutory offers to compromise made by the defendant under Code of Civil Procedure section 998.