What is the test for claiming costs in a personal injury case?

California, United States of America


The following excerpt is from Lincoln v. Schurgin, 39 Cal.App.4th 100, 45 Cal.Rptr.2d 874 (Cal. App. 1995):

"As a general rule the parties to civil litigation are required to finance their own participation in the litigation. This general rule is subject to numerous exceptions...." (Ripley v. Pappadopoulos (1994) 23 Cal.App.4th 1616, 1622, 28 Cal.Rptr.2d 878.) One such exception is found in subdivision (a)(4) of section 1032 which defines "prevailing party" for purposes of claiming costs after trial. It provides: " 'Prevailing party' includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. When any party recovers other than monetary relief and in situations other than as specified, the 'prevailing party' shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034." (Italics added.)

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