Reversed. Plaintiff sued Defendant for racial discrimination in violation of the Fair Employment and Housing Act. Before trial Defendant made a Code of Civil Procedure section 998 offer that was rejected by Plaintiff. The City prevailed at trial and was awarded costs pursuant to the 998 statute. While the appeal changes were made to the 998 statute to prevent Plaintiffs from recovering attorney’s fees and costs could for FEHA claims. The appeals court held that the changes applied retroactively to the case at hand.