Davis

Government Code section 12965, subdivision (b), provides that the trial court, in an action brought under the Fair Employment and Housing Act (hereafter FEHA), has discretion to award “reasonable attorney fees and costs” to the prevailing party. Code of Civil Procedure section 1033.5 provides that the fees of an expert not ordered by the court are not recoverable costs, except when expressly authorized by law.

We granted review in this matter to answer the question whether fees of an expert not ordered by the court may be recovered by the prevailing party in an FEHA action. We conclude that, in the absence of any law expressly authorizing the award of such fees, the answer is negative. Accordingly, we affirm the judgment of the Court of Appeal, which held to that effect.

I.

Plaintiff Steve Davis was terminated as a reporter for defendant KGO-T.V., Inc. (hereafter KGO). At the time of termination, he was 53 years old and had worked for KGO for 20 years. He brought an action alleging wrongful termination on the basis of age, in violation of FEHA. (Gov. Code, § 12900 et seq.) A jury found that Davis had suffered damages in the amount of $484,579, but reduced its award to…