Chavez v. City of Los Angeles

Opinion

KENNARD, J.

“Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) The litigation costs that the prevailing party may recover include attorney fees when recovery of such fees is authorized by statute. (Id., § 1033.5, subd. (a)(10)(B).) But when “the prevailing party recovers a judgment that could have been rendered in a limited civil case,” 1 and the action was not brought as a limited civil case, Code of Civil Procedure section 1033’s subdivision (a)…