In California, the “prevailing party” in litigation is entitled to recover its costs as a matter of law under California Code of Civil Procedure (“CCC”) §1032. But under CCP §998, a party may make an “offer to compromise,” which can cut-off and even reverse the parties’ right to…
California law states that the “prevailing party” in a lawsuit is entitled to recover its costs from the other party. The law defines the “prevailing party” as “the party with a net monetary recovery” and “a defendant in whose favor a dismissal is entered.” So what happens when…
In Muniz v. United Parcel Services, Inc., the Ninth Circuit ruled that the district court did not abuse its discretion in awarding the prevailing plaintiff $697,972 in attorneys’ fees where the jury awarded her only $27,280 in damages on a single FEHA claim. UPS brought the appeal and…