The California Supreme Court has overturned what many had thought was a well-settled rule, and determined that prevailing defendants in cases under the Fair Employment and Housing Act (“FEHA”) are not automatically entitled to their costs of suit. Now, defendants must satisfy the Christiansburg standard, established by the U.S. Supreme Court in Christiansburg Garment Co. v. EEOC, for recovery of attorney’s fees by prevailing defendants. That standard requires a showing that the action was objectively without foundation when brought, or that the plaintiff continued to litigate after it clearly became so. This has long been the accepted standard for an...
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SCOCAblog is a Berkeley Law & Hastings Law Journal publication focused on substantive coverage of the Supreme Court of California. We provide analysis of doctrinal and procedural issues in cases before the court, and news about developments pertaining to the court itself. Our contributors include former justices of the court, academics and practitioners with subject matter expertise, and advocates experienced in appellate practice before the state high court.
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