Charton v. Harkey

Opinion

ARONSON, J.

Code of Civil Procedure section 1032 gives a “prevailing party” the right to recover its litigation costs. (§ 1032, subd. (b).) It is undisputed defendant and respondent Diane L. Harkey meets section 1032’s definition of a prevailing party. Plaintiffs and appellants (Plaintiffs), 2 however, contend the trial court erred in awarding Harkey her costs because she was united in interest and shared costs with other defendants who did not satisfy the statutory definition. In support, Plaintiffs rely on cases applying the so-called unity of interest exception, which provides a…