Anthony

SUMMARY

The City of Los Angeles appeals from an order awarding expert witness fees to an employee who prevailed on a retaliation claim under the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.). The city contends, as it did below, that the employee’s motion was untimely filed, and that the trial court had no discretion to award expert witness fees for experts not ordered by the court. Both contentions are without merit.

FACTUAL AND PROCEDURAL BACKGROUND

Joanne Marie Anthony prevailed in a lawsuit against her employer, the City of Los Angeles (City), on a retaliation claim under the FEHA. Notice of entry of the judgment was mailed by the clerk of the court on April 2, 2007. Anthony filed a memorandum of costs, on the form approved for optional use by the Judicial Council, within the 15-day period required under rule 3.1700(a)(1) of the California Rules of Court. Anthony’s cost memorandum did not mention expert witness fees. Instead, Anthony filed a noticed motion, on April 27, 2007, seeking an award of expert witness fees under the authority of an FEHA provision permitting the court, in its discretion, to award expert witness fees to the…