Breach Of Contract Costs Were Distinct, So That They Were Warranted Versus Costs On FEHA-Related Claims Never Determined To Be Frivolous.
In Hussain v. Peralta Community College District, Case No. A164189 et al. (2d Dist., Div. 4 Oct. 5, 2022) (unpublished), plaintiff employee lost his retaliation, whistleblower, and contract claims against defendant through summary judgment, with the trial court awarding apportioned routine costs against him in the amount of $6,974.29. The appellate court affirmed, although reducing the costs down to $6,812.55. The lower court’s determination that the breach of contract claim was distinct (which would allow an award of costs unless the contract claim was inextricably intertwined with non-frivolous FEHA claims, not the case here) was sustained on appeal. The lower court did not abuse its discretion by allocating deposition costs at 33 1/3% based upon the claims at issue. Finally, because mainly expert witness fees related to a FEHA claim (with no determination that it was frivolous), that cost item had to be reduced from the total awarded by the trial judge.