What is the test for awarding costs to the prevailing party in a personal injury action?
California, United States of America
The following excerpt is from City of Fresno v. Pinedale Cnty. Water Dist., F064758 (Cal. App. 2013):
on the same or adverse sides pursuant to the rules adopted under Section 1034." This provision requires the trial court to determine which party is prevailing and then exercise its discretion in awarding costs; it does not require the trial court to award costs to the prevailing party "as a matter of right[,]" as stated in section 1032, subdivision (b).2 (Texas Commerce Bank v. Garamendi (1994) 28 Cal.App.4th 1234, 1248-1249.)
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