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: prevailing party
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
Ninth Circuit Approves $697,972 in Attorneys’ Fees on Jury Award of $27,280
In Muniz v. United Parcel Services, Inc., the Ninth Circuit ruled that the district court did not abuse its discretion in awarding the prevailing plaintiff $697,972 in attorneys’ fees where the jury awarded her only $27,280 in damages on a single FEHA claim. UPS brought the appeal and claimed that the lower court abused its… Read More
