What is the impact of section 1032 of the California Code of Civil Procedure 1032 on the doctrine of mandatory cost awards?

California, United States of America


The following excerpt is from Sharif v. Mehusa, Inc., 193 Cal.Rptr.3d 644, 241 Cal.App.4th 185 (Cal. App. 2015):

Chinn v. KMR Property Management (2008) 166 Cal.App.4th 175, 189, 82 Cal.Rptr.3d 586 for the proposition that, with respect to Code of Civil Procedure section 1032, [i]f the Legislature had intended more than one party to qualify as a prevailing party under the mandatory cost award provision, it easily could have provided for the trial court to exercise discretion to award costs in the event that more than one party qualified as a

[241 Cal.App.4th 195]

Other Questions


Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
Is section 18671.1 of the California Civil Code of Civil Procedure mandatory or jurisdictional, and does the word "shall" or "may" constitute a mandatory or permissive language? (California, United States of America)
What is the effect of section 128.5 of the California Code of Civil Procedure and Civil Procedure Act? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
Does the active participation provision in section 654 of the California Civil Code of Civil Procedure provide an exemption to the application for Section 654? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does Section 186.22 of the California Civil Code of Civil Procedure (i.e. section 186. 22) Violate Due Process? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
Can a defendant in a civil action be found to have breached section 425.16, subdivision (e) of the California Civil Code of Civil Procedure Act? (California, United States of America)
How have courts interpreted section 139 of the California Civil Code, section 139 2 of the S.C. Code of Civil Procedure? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.