GOGAL v. DENG (2025)

The petition for review is granted.

The parties are ordered to brief and argue the following issues: (1) Are parties to a pre-litigation contract prohibited from waiving their rights to recover costs as prevailing parties in litigation? (See Code Civ. Proc., § 1032; Civ. Code, § 3513.) (2) Does Civil Code section 1953 void an agreement by a lessee to waive or modify the right to recover such costs?

Pending review, the opinion of the Court of Appeal, which is currently published at 112 Cal.App.5th 1193, 334 Cal.Rptr.3d 920, may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, 20 Cal.Rptr. 321, 369 P.2d 937, to choose between sides of any such conflict. (See Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 2.)

The request for an order directing depublication of the opinion is denied.

Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban and Evans, JJ.