Department of Industrial Relations v. Se Hwan Lee

Opinion

ARMSTRONG, J.

J. —In this case, the Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE) brought a lawsuit against respondents, 1 which it later dismissed. Respondents filed a memorandum of costs, seeking filing and motion fees, the cost of court-ordered transcripts, and other costs. The trial court found that respondents were the prevailing parties in the litigation and entered a costs judgment against the DLSE. (Code Civ. Proc., § 1032.)

The DLSE contends that under Labor Code section 101, costs may not be awarded against it. That statute provides that “No…