Is a prevailing party entitled to recover costs in an action or proceeding?

California, United States of America


The following excerpt is from Winer v. Family Inv. Co. Inc, G042009, (Super. Ct. No. 07CC12697) (Cal. App. 2010):

Code section 1942.4. Pursuant to section 1032, a prevailing party is entitled to recover costs in an action or proceeding. ( 1032, subd. (b).) However, in defining the term 'prevailing party, ' section 1032 begins with the phrase '[a]s used in this section[.]' ( 1032, subd. (a).) Thus, section 1032 does not purport to define the term 'prevailing party' for all purposes." (Galan v. Wolfriver Holding Corp., supra, 80 Cal.App.4th at p. 1128.) We agree.

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