BILL NUMBER: AB 2773	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 26, 2010
	PASSED THE ASSEMBLY  JUNE 1, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Swanson

                        MARCH 1, 2010

   An act to amend Section 1033 of the Code of Civil Procedure,
relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2773, Swanson. Civil actions: costs.
   Existing law provides that a prevailing party is entitled as a
matter of right to recover costs in any action or proceeding, and
specifies those items allowable as costs. Existing law provides that
costs, or any portion of claimed costs, shall be as determined by the
court, in its discretion, in a case other than a limited civil case,
if the prevailing party recovers a judgment that could have been
rendered in a limited civil case.
   This bill would exempt from that latter provision an action
brought under a specified provision of the Fair Employment and
Housing Act alleging an unlawful practice.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1033 of the Code of Civil Procedure is amended
to read:
   1033.  (a) Costs, or any portion of claimed costs, shall be as
determined by the court, in its discretion, in a case other than a
limited civil case, in accordance with Section 1034 if the prevailing
party recovers a judgment that could have been rendered in a limited
civil case. This subdivision shall not apply to any action brought
under Section 12965 of the Government Code.
   (b) If a prevailing plaintiff in a limited civil case recovers
less than the amount prescribed by law as the maximum limitation upon
the jurisdiction of the small claims court, the following shall
apply:
   (1) If the party could have brought the action in the small claims
division but did not do so, the court may, in its discretion, allow
or deny costs to the prevailing party, or may allow costs in part in
any amount as it deems proper.
   (2) If the party could not have brought the action in the small
claims court, costs and necessary disbursements shall be limited to
the actual cost of the filing fee, the actual cost of service of
process, and, if otherwise specifically allowed by law, reasonable
attorney's fees. However, those costs shall be awarded to the
plaintiff only if the court is satisfied that prior to the
commencement of the action, the plaintiff informed the defendant in
writing of the intended legal action against the defendant and that
legal action could result in a judgment against the defendant that
would include the costs and necessary disbursements allowed by this
paragraph.