Lower Court Must Make Findings That FEHA Case Was Frivolous/Groundless Before Awarding Costs To A Prevailing Defendant, With Cost Memorandum Not Sufficing.
On October 5, 2026, we posted on San Diego-Tomas v. Aspire Bakeries, LLC, Case No. A175977 (1st Dist., Div. 4 originally filed as unpublished on Oct. 2, 2026). It held that a lower court must make findings that a case was frivolous/groundless for a prevailing defendant to recover FEHA routine costs, such that a noticed motion is necessary—not just a costs memorandum. We can report that the opinion was certified for publication on October 23, 2026.