Is a prevailing party entitled to a memorandum of costs in a personal injury action?
California, United States of America
The following excerpt is from Jonkey v. Carignan Construction Co., 2d Civil No. B178385 (CA 5/2/2006), 2d Civil No. B178385 (Cal. 2006):
"[A] prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (Code Civ. Proc., 1032, subd. (b).) The defendants shared counsel and split costs. They prevailed at trial. The costs included in their memorandum of costs were "necessarily incurred in this case." The trial court did not abuse its discretion when it awarded the costs. (Finney v. Gomez (2003) 111 Cal.App.4th 527, 545.)
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