What is the test for a successful plaintiff to recover costs in a medical malpractice case?

California, United States of America


The following excerpt is from Booker v. Imerys Talc Am., A153995 (Cal. App. 2020):

"The right to recover costs under California law is governed by statute." (Smock v. State of California (2006) 138 Cal.App.4th 883, 889 (Smock).) "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." ( 1032, subd. (b).) "Absent statutory authority, 'the court has no discretion to deny costs to the prevailing party.' " (LAOSD Asbestos Cases (2018) 25 Cal.App.5th 1116, 1124.)

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