AB 2773 Summary

• Amends Code of Civil Procedure Section 1033 to exempt Fair Employment and Housing Act (FEHA) actions from discretionary cost limitations that normally apply when a prevailing party recovers a judgment that could have been rendered in a limited civil case

• Allows courts discretion to determine costs in cases other than limited civil cases when the judgment amount could have been rendered in a limited civil case, except for FEHA actions under Government Code Section 12965

• Maintains existing rules for limited civil cases where prevailing plaintiffs recover less than small claims court maximum, allowing courts discretion to award full costs, partial costs, or no costs

• Requires courts in limited civil cases to restrict costs to filing fees, service of process costs, and attorney's fees (when allowed by law) only if plaintiff previously notified defendant in writing of the intended legal action and potential cost liability