California Code of Civil Procedure 1032 – (a) As used in this section, unless the context clearly requires …
(a) As used in this section, unless the context clearly requires otherwise:
(1) “Complaint” includes a cross-complaint.
Terms Used In California Code of Civil Procedure 1032
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Statute: A law passed by a legislature.
(2) “Defendant” includes a cross-defendant, a person against whom a complaint is filed, or a party who files an answer in intervention.
(3) “Plaintiff” includes a cross-complainant or a party who files a complaint in intervention.
(4) “Prevailing party” includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. If any party recovers other than monetary relief and in situations other than as specified, the “prevailing party” shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034.
(b) 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.
(c) Nothing in this section shall prohibit parties from stipulating to alternative procedures for awarding costs in the litigation pursuant to rules adopted under Section 1034.
(Amended by Stats. 2017, Ch. 131, Sec. 2. (AB 1693) Effective January 1, 2018.)