What is the test for recoverable costs in a personal injury action?

California, United States of America


The following excerpt is from Koerber v. Project Veritas, B291770 (Cal. App. 2020):

Under section 1032, "a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." ( 1032, subd. (b).) Section 1033.5 identifies which costs are allowable ( 1033.5, subd.(a)) and which costs are prohibited unless otherwise authorized by law ( 1033.5, subd. (b)). "An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may nevertheless be recoverable in the discretion of the court if 'reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.' ( 1033.5, subd. (c)(2).)" (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 773-774 (Ladas).)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
In a personal injury action, how have attorney fees been awarded in personal injury cases? (California, United States of America)
When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
In a personal injury action, can the Court of Appeal reverse an award of costs for abuse of cost? (California, United States of America)
What are the costs of appeal costs for damages awarded to plaintiffs in a personal injury action? (California, United States of America)
Is a tort action for bad faith and fair dealing an action for personal injury? (California, United States of America)
What are litigation costs for a plaintiff in a personal injury action? (California, United States of America)
Does a declaratory relief action have to be tried before the trial of a personal injury action? (California, United States of America)
Can an adverse party in a personal injury action recover fees paid or payable to his own attorney for services rendered in that action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.