Sviridov

Sviridov v. City of San Diego

Bad Law
14 Cal. App. 5th 514·2017 Cal. App. LEXIS 704·223 Cal. Rptr. 3d 1·2017 WL 3493855
Court of Appeal of CaliforniaJuly 28, 2017D069785California2,729 words

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…

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