Does Code of Civil Procedure section 1032 apply to determine the prevailing party in this case?

Furthermore, even if Code of Civil Procedure section 1032 applied, the trial court would have discretion to determine the prevailing party in this case because both Fedco and the individual defendants can claim to be prevailing parties under the definition given by Code of Civil Procedure section 1032. (Wohlgemuth v. Caterpillar Inc. (2012) 207 Cal.App.4th 1252, 1264.) "In cases where both parties achieved a status that Code of Civil Procedure section 1032 defines as a prevailing party, the action 'falls into the "situation other than as specified" category, calling for an exercise of the trial court's discretion.' " (Ibid.)

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