MOTION TO STRIKE
Matter on the Law & Motion / Discovery calendar for Friday, August 1, 2025, Line 1. PETITIONER HELLEN FERNANDEZ's MOTION TO STRIKE. The motion to strike or tax costs is denied.
Petitioner Hellen Fernandez filed a petition in this court pursuant to Code of Civil Procedure section 1285, which states that "[a]ny party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award." Fernandez's petition was denied, and the prevailing party, Gruma Corporation, filed a cost bill that Fernandez seeks to strike.
Code of Civil Procedure section 1032, subdivision (b), generally allows a prevailing party to recover costs as a matter of right, except where limited by another statute. The issue here is whether Government Code section 12965, subdivision (c)(6), is a statute that precludes Gruma for recovering fees here. That provision states that, "[i]n civil actions brought under this section, the court . . . may award to the prevailing party . . . reasonable fees and costs . . . except that, . . . a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so."
The court concludes that Government Code section 12965 does not apply to this action. By its terms, the cost limitation in 12965(c)(6) applies to "civil actions brought under this section," i.e. a civil action brought pursuant to section 12965 to eliminate an unlawful employment practice. Instead, Fernandez litigated that claim in arbitration. The action here was brought, as the petition itself states, pursuant to Code of Civil Procedure section 1285 to vacate an arbitration award.
Moreover, Code of Civil Procedure 1293.2 states that with respect to actions brought pursuant to CCP 1280-1294.4, "[t]he court shall award costs . . . as provided in Chapter 6 (commencing with Section 1021) of Title 14 of Part 2 of this code," i.e. in accord with the default rule for civil actions found in Code of Civil Procedure section 1032.
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