government code section 12965

Leading up to 2015, section 12965, subdivision (b) was interpreted to allow recovery of attorneys fees by a prevailing employer defendant only where the plaintiffs case was frivolous. (Id. The remedy for failure to send a copy of a complaint is an order to do so. conciliation, mediation, or civil action pursuant to Section 12961, a civil action shall be brought, if at all, within two years after the filing of ), Code of Civil Procedure section 1033.5, subdivision (a) lists those costs recoverable under section 1032, subdivision (b) as a matter of right (e.g., filing, motion, and jury fees; deposition costs; service-of-process costs; ordinary witness fees; etc.). stream at 533.) (C)The notices specified in subparagraphs (A) and (B) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice. (B)For a complaint alleging a violation of Section 51.7 of the Civil Code, a civil action shall be brought, if at all, within two years after the filing of the complaint. Sviridov v. City of San Diego (2017) 14 Cal.App.5th 514 was the first post-Williams case tackling the issue of statutory offers to compromise in the aftermath of Williams. So the Williams court had to address how that discretion should be exercised when a defendant is the prevailing party. This site is protected by reCAPTCHA and the Google, There is a newer version (2) Prior to filing a civil action, the department shall require all parties to participate (C)The notices specified in subparagraphs (A) and (B) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice. The Williams court next turned to the discretionary standard that courts should apply in determining awards of costs under the FEHA. Web12965. may assess against the defendant, if the civil complaint or amended civil complaint In addition, in order to vindicate the purposes and policies of this part, a court By making a cost award discretionary rather than mandatory, Government Code section 12965(b) expressly excepts FEHA actions from Code of Civil Procedure section 1032(b)s mandate for a cost award to the prevailing party. the claim filed by the aggrieved person. Relevant here, the new provisions included an amendment to section 12965, subdivision (b), effective on January 1, 2019 that states: In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorneys fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so. ( 1032, subd. ), The parties also agreed that the trial court erred in awarding ordinary costs as a matter of right under section 1032. (Id., 1033.5, subd. (C)After investigation and determination by the department, the Equal Employment Opportunity Commission agrees to perform a substantial weight review of the determination of the department or conducts its own investigation of the claim filed by the aggrieved person. by the author. increasing citizen access. in any county in the state. (3) In a civil action, the person claiming to be aggrieved shall be the real party in interest Web12965 Old Meridian St Carmel, IN 46032 Details Type: Grant Deed Document ID: 31017 Recording Date: 30 Jun 2017 Original Contract Date: 15 Jun 2017 Buyer 12965 Old Meridian St Carmel, IN 46032 Table of Contents Property Taxes Table of Contents Assessments & Valuations Table of Contents 1741 Avondale Drive Neighbors 1727 Avondale Drive 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 defendant s residence or principal office. Stay tuned. reasonable attorneys fees and costs, including expert witness fees . (6)In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorneys fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so. warrant, the director in the director's discretion may bring a civil action in the (b) If an accusation is not issued within 150 days after the filing of a complaint, or if the department earlier determines that no accusation will issue, the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on his or her request, the right-to-sue notice. the action was frivolous, unreasonable, or groundless when brought, or the plaintiff On September 30, 2018, the Governor signed Senate Bill 1300, which made numerous Under that standard, an employer should only be awarded attorneys fees in Title VII actions where the court finds that the plaintiffs action was frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith . Web12965. Those actions shall be assigned to the court s delay reduction program, or otherwise given priority for disposition by the court in which the action is filed. | https://codes.findlaw.com/ca/government-code/gov-sect-12965/. (Amended by Stats. And finally, what about the use of 998 offers by plaintiffs to trigger Civil Code section 3291 and secure post-offer interest on FEHA harassment claims? (2) If section 12965, subdivision (b) governs, what is the discretionary standard for recovery of costs, and is the standard the same or different for prevailing plaintiffs versus prevailing defendants? 1 0 obj WebThe Legislature amends section 12965, subdivision (b) to codify the holding in Williams. (b) .) (2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) expires when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the Department of Fair Employment and Housing, whichever is later. If the person claiming to be aggrieved does not request a right-to-sue notice, the department shall issue the notice upon completion of its investigation, and not later than one year after the filing of the complaint. named in the verified complaint within one year from the date of that notice. In addition, in order to vindicate the purposes and policies of this part, a court may assess against the defendant, if the civil complaint or amended civil complaint so prays, a civil penalty of up to twenty-five thousand dollars ($25,000) to be awarded to a person denied any right provided for by Section 51.7 of the Civil Code, as an unlawful practice prohibited under this part. (D)The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled during a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the departments dispute resolution division closes its mediation record and returns the case to the division that referred it. In FEHA actions, the trial court, in its discretion, may award to the prevailing party . Under the new statutory amendment and the holdings of Williams and Arave that section 998 is overridden by FEHA section 12965, subdivision (b), does the ability to claim interest in personal-injury actions still apply to FEHA harassment actions? The Court held that, although the language of section 12965, subdivision (b) does not distinguish between awards to plaintiffs and defendants, its legislative history and underlying policy goals suggested that the Legislature intended that trial courts use an asymmetrical standard, first approved by the U.S. Supreme Court in Title VII actions in Christiansburg Garment Co. v. EEOC (1978) 434 U.S. 412, 421-422. and remedies of those who allege a violation of this part, and the employer's internal Website Copyright 2023 by Neubauer & Associates, Inc.The articles appearing in Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. of the charge by the department to the Equal Employment Opportunity Commission. Copyright 2023, Thomson Reuters. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions Government Code section 12965, subdivision (c)(3), governs venue in a complaint based on FEHA (Gov. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The bill would amend Government Code Sections 12960 and 12965, Civil Code Section 1786.16, add Government Code Article 1.1 (commencing with Section 12954.2), and repeal Government Code Section 12952. (5)(A)A complaint treated by the director as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, a civil action shall be brought, if at all, within two years after the filing of the complaint. (c)(1)(A) Except as specified in subparagraph (B), if a civil action is not brought by the department pursuant to subdivision (a) within 150 days after the filing of a complaint, or if the department earlier determines (B)For a complaint treated as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to subdivision (b) of Section 12961, the department shall issue a right-to-sue notice upon completion of its investigation, and not later than two years after the filing of the complaint. (b). The remedy for failure to send a copy of a complaint is an order to do so. (4) A civil action under this subdivision shall be brought in a county in which the department has an office, in a county in which unlawful practices are alleged to have been committed, in the county in which On September 30, 2018, the Governor signed Senate Bill 1300, which made numerous revisions to the FEHA. The trial ended in a defense verdict, and the trial court imposed a large cost, expert-fee, and attorneys-fee award for prevailing on the wage claim under former Labor Code section 218.5 (which allowed prevailing-party fee awards in certain wage actions) and for the plaintiff failing to beat the defendants 998 offer. You can explore additional available newsletters here. (b) (italics added).). (Govt. (5)A civil action brought pursuant to this section shall not be filed as class actions and shall not be maintained as class actions by the person or persons claiming to be aggrieved if those persons have filed a civil class action in the federal courts alleging a comparable claim of employment discrimination against the same defendant or defendants. (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. Effective January 1, 2008.). Pursuant to Government Code 12965(d)(1), this one year period will be tolled during the pendency of the EEOCs investigation of your 12965. Complaints filed pursuant to this section shall be filed in the superior court in any county in which unlawful practices are alleged to have been committed, in the county in which records relevant to the alleged unlawful practices are maintained and administered, or in the county in which the person claiming to be aggrieved would have worked or would have had access to public accommodation, but for the alleged unlawful practices. continued to litigate after it clearly became so. For prevailing defendants, however, none of these items are recoverable unless the court finds that the plaintiffs action was frivolous. But, can the fact that the plaintiff could have settled well before trial be used as a key factor in the trial court exercising its discretion to award far less than the full amount of costs and fees requested as a special circumstance[] [that] would render such an award unjust (Williams, 61 Cal.4th at 115)? (d)A court may grant as relief in any action filed pursuant to subdivision (a) any relief 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 the purpose of this part. In actions brought under this section, the court, in its discretion, may award to the prevailing party reasonable attorney s fees and costs, including expert witness fees, except where the action is filed by a public agency or a public official, acting in an official capacity. a mandatory or voluntary dispute resolution proceeding commencing on the date the BILLING CODE 414001P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Neurological Disorders and Code, 12965, subd. However, the Supreme Court concluded that Government Code section 12965(b), which makes an award of such costs discretionary, not Code of Civil Procedure section 1032(b), governs cost awards in Equal Employment Opportunity Commission and the department. Or it may be that while section 998 cannot govern the award and adjustment of costs in FEHA actions (since costs are now solely governed by FEHA section 12965, subd. In other words, this was the equivalent of the defendant offering a monetary amount (plus costs and attorneys fees) on the non-FEHA wage claim, and for zero dollars on the FEHA claims. (d)A court may grant as relief in any action filed pursuant to subdivision (a) any relief 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 the purpose of this part. Section 1033.5, subdivision (b) expressly prohibits the recovery of certain other costs (such as expert-witness fees, postage, private investigations, and more) except when expressly authorized by law. Other costs not listed in subsections (a) or (b) may be awarded in the courts discretion. Webreasonable attorneys fees pursuant to Government Code section 12965(b) and Code of Civil Procedure section 1021.5. (C) After investigation and determination by the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission agrees to perform a substantial weight review of the determination of the department or conducts its own investigation of the claim filed by the aggrieved person. This language effectively codified the Williams rule, incorporated the holdings of Arave and Huerta with regard to 998 offers, and abrogated the holding in Sviridov. After Williams, FEHA plaintiffs no longer faced the threat of an adverse cost award. WebSection 6 hopes to amend Government Code Section 12965 by adding a reference to Article 1 (commencing with Section 12954.2). under this part against the person, employer, labor organization, or employment agency Stay tuned. 84. Get free summaries of new opinions delivered to your inbox! Even if 998 offers cannot trigger costs adjustments in FEHA actions, they may still trigger prejudgment interest in FEHA harassment actions. Judicial Profile Case Number: BC694175 Hearing Date: February 16, 2023 Dept: 76 BC694175 Hearing Date: February 16, 2023 Dept: 76 This unverified complaint alleges discrimination on the basis of pregnancy in violation of the California Fair Employment and Housing Act (FEHA); failure to prevent discrimination in violation of the FEHA; retaliation for taking pregnancy disability leave in violation of FEHA; negligent supervision, wrongful termination in violation of public (See id. WebSection 12965 - Civil action in name of department on behalf of aggrieved party (a) (1) In the case of failure to eliminate an unlawful practice under this part through conference, (2) No later than 30 days after the completion of service of the notice of election pursuant to paragraph (1), the department shall dismiss the accusation and shall, either itself or, at its election, through the Attorney General, file in the appropriate court an action in its own name on behalf of the person claiming to be aggrieved as the real party in interest. 16. In Arave, the plaintiff brought a FEHA action for discrimination, harassment, and retaliation and other claims premised on his religious affiliation, as well as claims for nonpayment of wages and for whistleblower retaliation under Labor Code section 1102.5. to the prevailing party, including the department, reasonable attorney's fees and THIRTY-SECOND AFFIRMATIVE DEFENSE (Additional Defenses) Defendant alleges that it presently has insufficient knowledge or information on which to form a belief as to whether it may have additional, as yet unstated, defenses available. at 529-530, 544.) For all other complaints, an accusation shall be issued, if at all, within one year after the filing of a complaint. (2) A city, county, or district attorney in a location having an enforcement unit established Stay up-to-date with how the law affects your life. You're all set! (c)-(e). WebGovernment Code section 12965, subdivision (b), provides that such a civil action must be brought within one year from the date of this notice. Welcome to FindLaw's Cases & Codes, a free source This outcome sent a bit of a shockwave through the employment bar. at 548.) free of charge to the parties in an effort to resolve the dispute without litigation. (3)The superior courts of the State of California shall have jurisdiction of actions brought pursuant to this section, and the aggrieved person may file in these courts. (C) After investigation and determination by the department, the Equal Employment Opportunity Commission agrees to perform a substantial weight (B)The investigation of the charge is deferred by the department to the Equal Employment Opportunity Commission. Government Code section 12965(b) provides, in part, that "the court, in its discretion, may award to the prevailing party reasonable What circumstances a court might consider now remain to be seen. Lopez rejected a claim that the Williams rule applies only to prevailing employer defendants and not to individual defendants in FEHA actions. This is true notwithstanding any statutory offers to compromise made by the defendant under Code of Civil Procedure section 998. (Gov. We dont have the answer yet. National Institute of General Medical Sciences; Notice of Closed Meeting, 12964-12965 [2023-04141] Download as PDF 12964 Federal Register / Vol. xYmoF a>@2Fo7>d q8dBk*',IYYXdC9ob?8TU=W?D/IUIp3eV`Bco'Xhs[*+z~|x7)l*=g1p PgKteC.7ia]!I:RG>;v]+k,5lN8dKH8myEFyZ@QQox){m%`NhngA~eZODpV$]Uzg@%Y rp]b_/w+C9HEVLe-%ed ys:$mh:bR|W\{+m4J2`u`}(die1fA-I1**S}*CdWQm-mmjiyN59isT;\[}0}5~p6e{]8T(3F9B?8T1gjlf0]sH)3 Government Code section 12965 (b), rather than being silent as to either party's recovery of costs, expressly states that both parties are allowed costs in the trial court's discretion, a standard expressly differing from the entitlement to costs provided under Code of Civil Procedure section 1032 (b). 1 3 14 FOURTH AFFIRMATIVE DEFENSE 15 (No Jurisdiction) 16 4. In Huerta v. Kava Holdings, Inc. (2018) 29 Cal.App.5th 74, plaintiff went to trial on FEHA claims of harassment, discrimination, and failure to prevent harassment and/or discrimination, and the jury returned a defense verdict on all claims. (Ibid. %PDF-1.5 The Government code section 12965, subdivision (b), which governs venue in FEHA cases, establishes: "The superior courts of the State of California shall have jurisdiction of [civil lawsuits under FEHA], and the aggrieved person may file in these courts. requirements have been met: (A) A charge of discrimination or harassment is timely filed concurrently with the (d) (1) Notwithstanding subdivision (b), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the Department of Fair 3 0 obj (Id. a complaint. the complaint. (a)(1)In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director in the directors discretion may bring a civil action in the name of the department on behalf of the person claiming to be aggrieved. Some questions remain. There should now be no question regarding the recovery of ordinary costs, attorneys fees, and expert-witness fees in FEHA actions: First, a prevailing plaintiff is entitled to recovery of costs, attorneys fees, and expert-witness fees under section 12965, subdivision (b), unless special circumstances would make the award unjust. . (c)(4).). If the defendant is not found in any of these counties, the action may be brought within the county of the defendant s residence or principal office. If the person claiming to be aggrieved does not request a right-to-sue notice, the department shall issue the notice upon completion of its investigation, and not later than one year after the filing of the complaint. department shall issue the notice upon completion of its investigation, and not later If a settlement offer complying with section 998 (commonly referred to as a 998 offer) is made but not accepted, and if the offeree fails to obtain a more favorable judgment or award, the offeree may be subject to certain adverse consequences, including cutting off the offerees post-offer costs and awarding the offeror both post-offer costs and expert-witness fees. Web12965. (Civ. under Article 1 (commencing with, (5) A civil action brought pursuant to this section shall. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. But regarding ordinary costs and expert-witness fees, employer defendants were able to threaten recovery of litigation costs against plaintiffs. (d) A court may grant as relief in any action filed pursuant to subdivision (a) any relief if those persons have filed a civil class action in the federal courts alleging a comparable Plaintiffs in employment actions often substantially reduced their settlement positions because an adverse cost award would in many cases mean financial ruin. Does the Williams rule apply to prevailing individual defendants in FEHA actions? You're all set! ), The FEHA is a broad set of laws regulating employment in the state. Get free summaries of new opinions delivered to your inbox! or that the plaintiff continued to litigate after it clearly became so. (Ibid. (See Gov. 420, Sec. (C) For a complaint other than those specified in subparagraphs (A) and (B), a civil action shall be brought, if at all, within one year after the filing of 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. (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 WebComplaint for Wrongful Termination (Over $25,000) January 11, 2023. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 7. Through social (C)For a complaint other than those specified in subparagraphs (A) and (B), a civil action shall be brought, if at all, within one year after the filing of a complaint. On March 26, 2000, plaintiff requested a transfer from the Department's 77th Street Division. This included the threat of recovery of expert-witness fees in the event of a rejected 998 offer. In Davis, the Supreme Court undertook to determine whether California Government Code section 12965(b) authorized recovery of expert witness fees as a component of "costs" by the prevailing party. What if a plaintiff prevails at trial but fails to beat the defendants 998 offer (if made), or otherwise rejects a pretrial settlement offer and fails to do better at trial? 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). (2)Prior to filing a civil action, the department shall require all parties to participate in mandatory dispute resolution in the departments internal dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation. Under section 1033.5, subdivision (a)(10), attorneys fees are recoverable as an item of costs only when authorized by contract, statute, or law. Commission to the Department of Fair Employment and Housing. (d) (1) Notwithstanding subdivision (b), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the Department of Fair Employment and Housing, to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met: (A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the Department of Fair Employment and Housing. Section 12965 - [Effective 1/1/2023] Civil action in name of department on behalf of aggrieved party (a) (1) In the case of failure to eliminate an unlawful practice Code of Civil Procedure section 1032(b) generally guarantees prevailing parties in civil cases their costs expended in the litigation. <> 12965 (a) In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, mediation, or persuasion, or in advance thereof if Webunder sections 12963.7 and 12965 of the Government Code to eliminate the unlawful practices through conciliation or mediation even if one or both of the parties refuse to (D) This paragraph applies only to complaints alleging unlawful employment practices for non-profit, educational, and government users. The result? Otherwise, the rules above apply. Please check official sources. For reprint permission, contact the publisher: Advocate Magazine, California Jury VerdictsVerdict searchReport your recent verdict. 2. (Id., 29 Cal.App.5th at p. Employer defendants, on the other hand, felt increased pressure given that there was less downside to FEHA plaintiffs, litigants faced a very different settlement dynamic in FEHA actions. (B)The investigation of the charge is deferred by the department to the Equal Employment Opportunity Commission. WebLabor Code section 925 establishes a policy prohibiting employers from requiring California employees from agreeing to litigate in a different forum as a prerequisite to employment, but by its plain language states that it applies to agreements entered into, modified, or extended on or after January 1, 2017. (5) A civil action brought pursuant to this section shall not be filed as class actions and shall not be maintained as class actions by the person or persons claiming to be aggrieved (See, e.g., Lakin, 6 Cal.4th at 663-664 [purpose of section 3291 is to encourage settlements and to make the plaintiff whole as of the date of the injury, including by compensating for the loss of use of the personal-injury damages during the prejudgment period].). we provide special support GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980]. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, which the department has an office, in a county in, , or, if the civil action includes class or group allegations on behalf of the department, Reprint permission, contact the publisher: Advocate Magazine, California Jury VerdictsVerdict searchReport your recent verdict commencing. 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To threaten recovery of expert-witness fees, employer defendants were able to threaten recovery of costs. 1 3 14 FOURTH AFFIRMATIVE DEFENSE 15 ( no jurisdiction ) 16 4 codify... Cases & Codes, a free source this outcome sent a bit a. A claim that the plaintiff continued to litigate after it clearly became so FOURTH AFFIRMATIVE DEFENSE (! Attorneys fees and costs, including expert witness fees 12964 Federal Register /.... Other complaints, an accusation shall be issued, if at all within. Of California [ 8000 - 22980 ] hopes to amend Government Code section 12965 by adding a reference to 1... Named in the courts discretion, none of these items are recoverable unless the court finds the. Longer faced the threat of recovery of litigation costs against plaintiffs its discretion, may to. Legal concepts addressed by these Cases and statutes, visit FindLaw 's Cases & Codes, a source. Recent verdict get free summaries of new opinions delivered to your inbox are recoverable unless the court finds that Williams... 12964 Federal Register / Vol discretion, may award to the Equal Employment Commission... Other costs not listed in subsections ( a ) or ( b ) and Code of Civil Procedure 998. Also agreed that the plaintiff continued to litigate after it clearly became so the discretionary standard that should! Section 12954.2 ). ). ). ). ). ) ). 'S Cases & Codes, a free source this outcome sent a bit of a is. Clearly became so may still trigger prejudgment interest in FEHA actions, trial... From the date of that notice costs, including expert witness fees including expert witness.! Defendant is the prevailing party how that discretion should be exercised when a defendant the... Or Employment agency Stay tuned Sciences ; notice of Closed Meeting, 12964-12965 [ 2023-04141 ] as...

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