Employment Law – In FEHA cases, a prevailing plaintiff will typically be awarded costs and attorneys fees, but a prevailing defendant will not unless the claim was frivolous, unreasonable, or groundless, or the plaintiff continued to litigate after the claim clearly became so.
Author: Mathenysears.com
Requiring personally identifiable information to complete online credit card transactions does not violate Civil Code section 1747.08, even if consumer picks up the goods in-store.
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May
May
California state court punitive damages award based on “malice, oppression, or fraud” is insufficient to except punitive damages from discharge as a matter of law under Bankruptcy Code section 523(a)(6) for “willful and malicious” injury.
Fifth Appellate District / May 15, 2015
A defendant who prevails in a FEHA action is not entitled to court costs as a matter of right pursuant to Code of Civil Procedure section 1032, rather, such costs are within the discretion of the trial court pursuant to Government Code section 12965. Such costs may only be awarded when the plaintiff brought/continued frivolous litigation.