What is the test for a plaintiff to recover costs in a personal injury action?

California, United States of America


The following excerpt is from Ramos v. Garcia, 204 Cal.Rptr.3d 214, 248 Cal.App.4th 778 (Cal. App. 2016):

Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (Code Civ. Proc., 1032, subd. (b) ; see Santisas v. Goodin (1998) 17 Cal.4th 599, 606, 71 Cal.Rptr.2d 830, 951 P.2d 399 [prevailing party may only recover attorney fees when the right is provided by statute or contract].) Code of Civil Procedure section 1033.5, subdivision (a) governs what items are allowable as costs, and only authorizes an award of attorney fees where they are provided by either contract, statute, or law. (Code Civ. Proc. 1033.5, subd. (a)(10)(A), (B), (C).)

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