Mayr

*721 Opinion

After a juiy found in favor of defendants in this housing discrimination action, the trial court ordered plaintiff, the Department of Fair Employment and Housing (DFEH or Department), to pay the costs and attorney fees of defendants, the owner of rental property and her property manager. DFEH appeals, contending that the court erroneously applied Code of Civil Procedure section 1028.5 as a sanction for pursuing a meritless action notwithstanding Government Code section 12989.2, which bars awards of litigation costs and fees either to or against a government agency in a housing discrimination action. We agree with DFEH that the latter statute governed the availability of costs and attorney fees in this case. We therefore must reverse the order.

Background

In June 2006 Ruben and Sandra Mendoza and their three children filed a complaint with DFEH, alleging discrimination based on national origin in the terms and conditions of their apartment rental. The Mendozas charged the apartment owner, Josefine Mayr, and the property manager, James Wilder, with “coercion, intimidation, and harassment” as well as the imposition on them of different terms and conditions from…