Defense Should Have Apportioned In Its Moving Papers Or Asked For Supplemental Briefing Opportunity.
In Janisse v. MLK-L.A. Healthcare Corp., Case No. B326593 et al. (2d Dist., Div. 4 Sept. 3, 2025) (unpublished), plaintiff brought FEHA/whistleblower, and non-FEHA claims against defendant. Plaintiff lost all of her claims after a jury trial. The defense moved for fees and routine costs, with the trial court finding that plaintiff’s case was not frivolous in nature. The lower court denied both requests by the defense. Defendant appealed the denial of routine costs. The appellate court affirmed the denial of costs because defendant never allocated costs devoted to the non-FEHA claim in its moving papers and never requested a supplemental briefing opportunity on the allocation issue— showing the denial of costs was no abuse of discretion.