Healthcare Related: No Attorney Fee for Prevailing Defendant in FEGA Case unless Show Plaintiff’s case Was Frivolous.

In Huerta (2018 case) The Court of Appeal affirmed the judgment for defendant in an action alleging several violations of Fair Employment and Housing Act (FEHA; Government Code, section 12900 et seq.), but it reversed the trial court’s post judgment order awarding defendant $50,000 in costs and expert witness fees under Code of Civil Procedure section 998 because the trial court found that plaintiff’s action was not frivolous and denied defendant’s request for attorney fees, expert fees and costs under Government Code section 12965(b). For litigation that predates the application of the amended version of section 12965(b) (effective on January 1, 2019), the Court of Appeal ruled that section 998 does not apply to nonfrivolous FEHA actions and therefore reversed the order awarding defendant costs and expert witness fees under section 998.