What is the test for determining whether a plaintiff is the prevailing party in a personal injury action?
California, United States of America
The following excerpt is from L.A. Dong San Church Corp. v. Young Chun Park, B292605, B294232 (Cal. App. 2020):
"'If a party fits one of the definitions of "prevailing" listed in [Code of Civil Procedure section] 1032(a)(4) . . . that party is entitled as a matter of right to recover costs. [Citations.] In other situations, the prevailing party is determined by the court and the award of costs is discretionary.' [Citation.]" (Acosta v. SI Corp. (2005) 129 Cal.App.4th 1370, 1375-1376.)
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