Goodman v. Lozano

Opinion

CHIN, J.

Under certain circumstances, a trial court must award costs and even attorney fees in favor of a “prevailing party” in an action. (Code Civ. Proc., 1 § 1032, subd. (b).) “Prevailing party,” as relevant here, includes “the party with a net monetary recovery.” (§ 1032, subd. (a)(4); hereafter, section 1032(a)(4).) In this case, the plaintiffs settled with several defendants and later obtained a damage award against nonsettling defendants in an amount less than the settlement proceeds. By statute, an award in favor of a nonsettling defendant is offset by the amount the plaintiff…