Williams v. Chino Valley Independent Fire Dist. CA4/2

DISCUSSION

Code of Civil Procedure section 1032, subdivision (b), guarantees prevailing

parties in civil litigation the right to recover costs expended in litigation, “[e]xcept as

otherwise expressly provided by statute.” Code of Civil Procedure section 1033.5 limits

recoverable costs to those reasonably necessary to the conduct of the litigation, and costs

that are reasonable in amount. (Code Civ. Proc. 1033.5, subd. (c)(2), (3).) Expenses that

are recoverable include filing, motion, and jury fees, food and lodging costs for

3 sequestered juries, costs of taking necessary depositions, costs of service of process, fees

of ordinary witnesses and court-ordered experts, among other expenses, commonly

referred to as “ordinary costs.” (Code Civ. Proc. § 1033.5, subds. (a)(1)-(9), (11)-(13).)

However, attorney fees and parties’ expert witness fees are not ordinarily recoverable as

costs under section 1032. (Code Civ. Proc. § 1033.5, subds. (a)(10), (b)(1).)

Government Code section 12965, subdivision (b), provides for civil actions to

enforce provisions of FEHA, and permits the court, in its discretion, to award to the

prevailing party, including the department, reasonable…