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California Court of Appeal


deSaulles v. Community Hospital of Monterey, H038184

The trial court's award of costs to defendant-employer following the parties' agreement to pay plaintiff a sum of money for the dismissal of two of her seven causes of action with prejudice is reversed and remanded, where: 1) defendant obtained the judgment by making a settlement payment that can be considered a net monetary recovery by plaintiff; and 2) since the parties' settlement was silent regarding costs, defendant's payment of $23,500 triggered mandatory costs as a "net monetary recovery" under the plain language of the statute.

Appellate Information

  • Decided 05/02/2014
  • Published 05/02/2014

Judges

  • GROVER

Court

  • California Court of Appeal

Counsel

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