Can a plaintiff claim statutory costs under section 1032 of the Code of Civil Procedure where the settlement terms are silent as to costs?

In Rappenecker v. Sea-Land Service, Inc. (1979) 93 Cal.App.3d 256, 155 Cal.Rptr. 516, this court examined the two code sections quoted above, together with principles governing settlement agreements in general, and concluded that a section 998 compromise settlement did not foreclose a plaintiff's right to costs under section 1032 of the Code of Civil Procedure where the settlement terms were silent as to costs. (Id., at pp. 261-264, 155 Cal.Rptr. 516.) This court rejected the argument that application of general contract principles to a section 998 judgment required denial of statutory costs. ³ [177 Cal.App.3d 185] (Pp. 262-263, 155 Cal.Rptr

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