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4784 Code of Civil Procedure section 998, which permits the recovery of postoffer costs to a defendant whose offer of compromise was rejected by a plaintiff who subsequently failed to obtain a more favorable judgment, does not grant greater rights to attorney fees than those provided by the underlying statute on which plaintiff's action was based; since case law has determined that a prevailing employer in an action under the Fair Employment and Housing Act (FEHA) may not recover attorney fees unless plaintiff's action is found to be unreasonable, frivolous, or meritless, a prevailing employer in such an action is not entitled to attorney fees under Code of Civil Procedure section 998; the FEHA does not limit a trial court's authority to award expert witness fees under the CCP section.CitationMANGANO v VERITY (FEHA Fees) 167 CA4 944 [See: CCP 1032, 1033.5, 998; GovC12900 etseq; Cummings v Benco 11 CA4 1383, T/AT 3/93; Rosenman v Christensen 91 CA4 859, T/AT 9/01; Scott v Blount 20 C4 1103, T/AT 8/99]
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