BILL NUMBER: AB 559	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 16, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 559, as introduced, 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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  where
  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)  When   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)  When   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)  When   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,  when 
 if  otherwise specifically allowed by law, reasonable
 attorneys'   attorney's  fees. However,
those costs shall  only  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.