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California Code of Civil Procedure Section 1032

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1032

1032.  (a) As used in this section, unless the context clearly
requires otherwise:
   (1) "Complaint" includes a cross-complaint.
   (2) "Defendant" includes a cross-defendant or a person against
whom a complaint is filed.
   (3) "Plaintiff" includes a cross-complainant or a party who files
a complaint in intervention.
   (4) "Prevailing party" includes the party with a net monetary
recovery, a defendant in whose favor a dismissal is entered, a
defendant where neither plaintiff nor defendant obtains any relief,
and a defendant as against those plaintiffs who do not recover any
relief against that defendant. When any party recovers other than
monetary relief and in situations other than as specified, the
"prevailing party" shall be as determined by the court, and under
those circumstances, the court, in its discretion, may allow costs or
not and, if allowed may apportion costs between the parties on the
same or adverse sides pursuant to rules adopted under Section 1034.
   (b) 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.
   (c) Nothing in this section shall prohibit parties from
stipulating to alternative procedures for awarding costs in the
litigation pursuant to rules adopted under Section 1034.

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Last modified: March 17, 2014