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Litigation

May 24, 2016

Plaintiff paid for dismissal gets costs, too

California Supreme Court has now articulated a clear rule that addressees who pays costs in a settlement. By Audra Ibarra

Hall of Justice (East Wing)

Audra Ibarra

Judge

Felony Trials/Preliminary Hearings

New York Univ SOL

Audra is an appellate specialist certified by the State Bar of California Board of Legal Specialization and serves on the California Judicial Council. Find out more about Audra at www.calapplaw.com. Appellate Zealots is a monthly column on recent appellate decisions written by the attorneys of the California Appellate Law Group LLP, an appellate boutique with offices in San Francisco and Los Angeles.

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By Audra Ibarra

APPELLATE ZEALOTS

Most of us know the basic rules governing attorney fees and costs awards in civil litigation. Parties to a lawsuit ordinarily pay their own attorney fees under the "American Rule," but the loser normally pays the winner's costs. More specifically, in California, Section 1032 of the Code of Civil Procedure says: "Except as otherwise expressly provided by statute, a pre...

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