Madenlian

I. INTRODUCTION

Plaintiff, Aram Madenlian, appeals from a summary judgment entered in a discrimination lawsuit brought against defendants, State of California and the California Department of Corrections and Rehabilitation (the department). Plaintiff contends he was the subject of unlawful discrimination based upon his race and ethnic background and retaliation in violation of the Fair Employment and Housing Act. (Gov. Code, § 12940, subd. (a) & (h).1) In addition, plaintiff appeals from an order granting defendants’ partially successful postjudgment motion for an award of expert witness fee. We affirm the summary judgment but reverse the expert witness fee order.

II. THE PLEADINGS

Filed April 28, 2010, plaintiff’s first amended complaint consists of two causes of action. The first cause of action is for discrimination in violation of the Fair Employment and Housing Act. The second cause of action is for retaliation. Plaintiff alleges he: is a Caucasian of Armenian descent; was hired as a correctional officer on November 5, 1994; in March 1997, became a parole agent; in December 2006, worked in a task force with the Los Angeles Police Department which focused on crime…