In California, the “prevailing party” in litigation is entitled to recover its costs as a matter of law under California Code of Civil Procedure (“CCC”) §1032. But under CCP §998, a party may make an “offer to compromise,” which can cut-off and even reverse the parties’ right to recover costs after the date of the… Read More
Posts Tagged With: costs
CA Supreme Court Clarifies Definition of “Prevailing Party”
California law states that the “prevailing party” in a lawsuit is entitled to recover its costs from the other party. The law defines the “prevailing party” as “the party with a net monetary recovery” and “a defendant in whose favor a dismissal is entered.” So what happens when a plaintiff sues a defendant but, before… Read More
CA Supreme Court Clarifies When Defendants Can Get Fees and Costs Awarded in FEHA Actions
On May 4, 2015, the California Supreme Court ruled in Williams v. Chino Valley Independent Fire District that a successful defendant in a FEHA case can get awarded its attorneys’ fees and costs only when “the plaintiff brought or continued litigating the action without an objective basis for believing it had potential merit.” In other… Read More
