Brown v. Dessert Christian Center

Opinion

KANE, J.

In this personal injury case, defendant Desert Christian Center was successful in proving its affirmative defense that the injuries alleged by plaintiff Frank D. Brown were within the exclusive jurisdiction of the workers’ compensation system. A judgment of dismissal was entered and defendant sought to recover its costs as the prevailing party under Code of *736Civil Procedure section 1032.1 Plaintiff moved to strike defendant’s memorandum of costs, asserting that since defendant prevailed on the ground of lack of subject matter jurisdiction, the trial court lacked jurisdiction to…