Supreme Court of California
DeSaulles v. Community Hosp. of the Monterey Peninsula, 219236
For purposes of determining the prevailing party's right to recover costs in any action or proceeding, when a defendant pays money to a plaintiff in order to settle a case, the plaintiff obtains a net monetary recovery, and a dismissal pursuant to such a settlement is not a dismissal in the defendant's favor, as defined in Code of Civil Procedure section 1032(a)(4). This holding sets forth a default rule and settling parties are free to make their own arrangements regarding costs.
Appellate Information
- Published 2016/03/10
Judges
- LIU
Court
- Supreme Court of California