Perspective
Mar. 19, 2016
Settling, dismissing and prevailing
The California Supreme Court recently held that a plaintiff who obtains a monetary settlement and dismisses the action is the prevailing party entitled to statutory costs. By Gary A. Watt
Gary A. Watt
Partner
Hanson Bridgett LLP
State Bar Approved, Certified Appellate Specialist
Email: gwatt@hansonbridgett.com
Gary chairs Hanson Bridgett's Appellate Practice. He is a State Bar-approved, certified appellate specialist. In addition to writs and appeals, his practice includes anti-SLAPP and post-trial motions as well as trial and appellate consulting. His blog posts can be read at www.appellateinsight.com.
The California Supreme Court recently held that a plaintiff who obtains a monetary settlement and dismisses the action is the prevailing party entitled to statutory costs. deSaulles v. Community Hospital of the Monterey Peninsula, 2016 DJDAR 2364 (Mar. 10, 2016). deSaulles is, by and large, a tale that may have little application going forward. Most often, parties reaching settlement will dispose of any costs issu...
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