deSaulles v. Community Hospital of the Monterey Peninsula

KRUGER, J.,

Dissenting.—I agree with the majority that a plaintiff who receives a monetary settlement in exchange for the dismissal of her claims has received a “net monetary recovery,” and is therefore a “prevailing party” presumptively entitled to costs under Code of Civil Procedure section 1032, subdivision (a)(4). But by the terms of the statute, so, too, is the “defendant in whose favor . . . dismissal is entered.” (Code Civ. Proc., § 1032, subd. (a)(4) (section 1032(a)(4)).) Because both parties cannot be entitled to costs as of right, such cases are covered by the next sentence of the…