Miller v. American Honda Motor Co.

Opinion

SPARKS, J.

In this case we examine the right to recover costs on a cross-complaint for comparative equitable indemnity. As its name suggests, such an action is equitable in nature and, as is the case with all equitable actions, costs are not recoverable as a matter of right but “may be allowed or not . . . in the discretion of the court.” (Code Civ. Proc., § 1032, subd. (c).) Because we conclude that the trial court did not abuse its discretion in denying costs, we shall affirm the judgment below.

Factual and Procedural Background

Hank Miller, doing business as Sierra Cycle and Chain Saw,…