Recovery Of Costs In California

Law360, New York (July 21, 2011, 4:10 PM EDT) -- In California, the prevailing party to a lawsuit is entitled to recover its costs from the losing party. The term “prevailing party” is defined as the party receiving a net monetary recovery or a defendant from which there is no recovery. “Costs” include such items as filing fees, fees incurred to serve the lawsuit on the defendants, deposition transcripts and trial exhibits. Attorneys’ fees are an item of costs if provided for by contract or a statute. (Code Civ. Proc. § 1033.5.)

In construction litigation, those...
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