Code of Civil Procedure 998 Applies in Actions under FEHA and the Peace Officers' Bill of Rights

In Sviridov v. City of San Diego, ordered published August 15, 2017, the Fourth District Court of Appeal, Division 1 affirmed a decision awarding the defendant city its post-offer costs under Code of Civil Procedure section 998 in a lawsuit the plaintiff police officer brought under the Fair Employment and Housing Act and the Peace Officer's Bill of Rights.  The plaintiff argued that case law holds that in a FEHA action fees and costs may be awarded to a defendant only if the action was frivolous.  The appellate court ruled that the case law does not apply to section 998, under which a defendant who makes a settlement officer that the plaintiff fails to do better than is awarded the defendant's post-offer costs.  The court also rejected the argument that the costs provisions of POBRA create an exception to section 998.