In this suit for unpaid wages, plaintiff successfully opposed defendant’s motion to transfer the case to the court’s limited jurisdiction division, but then failed to recover damages exceeding the limited jurisdiction’s maximum. CCP 1033 provides that when this occurs,, the court may deny the plaintiff costs, including attorney fees. Without deciding whether the fee-shifting provisions of various Labor Code sections apply instead of this general statute, this opinion holds that the trial did not abuse its discretion in awarding the plaintiff fees and costs. In exercising its discretion under CCP 1033, the court must consider both the amount that the plaintiff reasonably expected to recover and the policies and objectives of any applicable fee-shifting statute. Here, there was sufficient evidence to support the trial court’s determination under both of these portions of the applicable test. The trial court also did not abuse its discretion in not apportioning plaintiff’s attorney fee claims between fee-bearing and non-fee-bearing claims since all the claims depended, at least in part, on the same factual issues.