Sviridov
Sviridov v. City of San Diego
Opinion
lead Opinion
McConnell, J.
*516 INTRODUCTION
Aleksei E. Sviridov appeals a judgment after the trial court awarded the City of San Diego and the San Diego Police Department (collectively the City or defendants) $90,387.28 in costs. Sviridov contends the City is not entitled to costs based upon Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97 , 99, 186 Cal.Rptr.3d 826 , 347 P.3d 976 ( Williams ), which held that in actions based upon the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq. ), costs should not be *3 awarded under Government Code section 12965, subdivision (b), to a defendant against an unsuccessful FEHA plaintiff "unless the plaintiff brought or continued litigating the action without an objective basis for believing it had *517 potential merit." ( Williams , supra , at pp. 99-100, 186 Cal.Rptr.3d 826 , 347 P.3d 976 .) Sviridov also contends the Public Safety Officers Procedural Bill of Rights Act (POBRA; Gov. Code, § 3300 et seq. ) prohibits an award of costs for the defense of his POBRA claim unless the action was frivolous or brought in bad faith. ( Gov. Code, § 3309.5.) The City contends neither of these statutes applies because the City is…