Archive for frivolous

Recent FEHA Amendment on Fee-Shifting is Retroactive

As a direct response to the “Me Too” movement, California enacted a number of new laws in 2018 regarding workplace sexual harassment.  This wave of legislation included an amendment to the section of the Fair Employment and Housing Act (“FEHA”) governing fee and cost awards, which was intended…

Section 998 Offers Cannot Shift Attorneys’ Fees to Plaintiffs in FEHA Cases

In California, the “prevailing party” in litigation is entitled to recover its costs as a matter of law under California Code of Civil Procedure (“CCC”) §1032. But under CCP §998, a party may make an “offer to compromise,” which can cut-off and even reverse the parties’ right to…