Steele

After the trial court granted a nonsuit motion as to the individual defendants and punitive damages, the jury awarded plaintiff $21,078 in her pregnancy discrimination action against defendant employer. Plaintiff appeals from the judgment in her favor. Plaintiff contends on appeal that the minimal damage award was the result of the following prejudicial judicial error: (1) nonsuit as to punitive damages; (2) gender bias; and (3) jury instructions. Plaintiff contends further that the trial court erred when it awarded costs of $35,461.96 to defendants. In the published portion of this opinion, we consider the interplay among three attorney’s fee and cost shifting statutes: Government Code section 12965, subdivision (b); Code of Civil Procedure section 1033, subdivision (a); and Code of Civil Procedure section 998, subdivision (c). We conclude the trial court did not abuse its discretion by failing to award plaintiff her costs and attorney’s fees under Government Code section 12965, subdivision (b) and in denying plaintiff costs under Code of Civil Procedure section 1033, subdivision (a). Accordingly, the $21,078 judgment obtained by plaintiff did not exceed the $40,000 Code…