Rose

Filed 5/14/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

KELLY ROSE,

Plaintiff,

A169640

v. HOBBY LOBBY STORES, INC., (Alameda County Super. Ct. No. RG17862127) Defendant and Respondent;

DEPARTMENT OF INDUSTRIAL

RELATIONS, DIVISION OF

LABOR STANDARDS

ENFORCEMENT,

Intervener and Appellant.

Plaintiff Kelly Rose, who had been employed by Hobby Lobby Stores, Inc. (Hobby Lobby) as a cashier, sued her former employer under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq. (PAGA)) alleging Hobby Lobby had violated the “suitable seating” provisions of the applicable Industrial Welfare Commission Wage Order. After a nine- day bench trial, the court found for Hobby Lobby, and judgment was entered in its favor. In a separate appeal, we affirmed the judgment. (Rose v. Hobby Lobby Stores, Inc. (March 25, 2025, A168301) [nonpub. opn.].) The present appeal arises from the trial court’s award of nearly $125,000 in litigation costs as a matter of right to Hobby Lobby as the prevailing party under the general cost recovery rule set out in Code of Civil Procedure section…