Tomorrow morning, the Supreme Court will file its opinion in Desaulles v. Community Hospital of the Monterey Peninsula, which raises the issue: when plaintiff dismissed her action in exchange for the defendant’s payment of a monetary settlement, was she the prevailing party for purposes of an award of costs under Code of Civil Procedure section 1032, subdivision (a)(4), because she was “the party with a net monetary recovery,” or was defendant the prevailing party because it was “a defendant in whose favor a dismissal is entered”?
The Desaulles opinion will be the first for cases argued on the January calendar.
The opinion can be viewed tomorrow starting at 10:00 a.m.
