Brewer v. Balda Investments USA CA4/3
Code of Civil Procedure section 1032, subdivision (b) requires the trial court to award to a “prevailing party” as “a matter of right . . . costs in any action or proceeding.” Subdivision (a)(4) of section 1032 defines the term “‘prevailing party’” to include “a defendant in whose favor a dismissal is entered.” After plaintiffs dismissed their entire lawsuit, the trial court found defendants to be the prevailing parties and awarded them the costs they incurred in that action. We affirm the court’s order denying plaintiffs’ motion to strike or tax costs.
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