California Court of Appeal

In an action for racial discrimination and retaliation under the Fair Employment and Housing Act, a postjudgment order granting plaintiff's motion to tax costs is reversed where the discretion to award costs to a prevailing defendant is not limited to cases in which the plaintiff's action was frivolous, unreasonable, or without foundation. Trial court also did not misapply McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 regarding defendant's burden of production and plaintiff's burden of persuasion.

Appellate Information

• Decided 08/25/2003
• Published 08/25/2003

Judges

• ELIA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Dennis William Smith;  and Brian Beckwith, Woodside, for Plaintiff and Appellant.


• For Appellees:
  
• McPharlin, Sprinkles & Thomas, Linda Hendrix McPharlin and Paul S. Avilla for Defendant and Appellant.