Maureen Desaulles, Plaintiff and Appellant v. Community Hospital of the Monterey Peninsula, Defen — Kruger, J…

Summary

The dissent agrees that a plaintiff receiving money in exchange for dismissing claims obtains a net monetary recovery and is presumptively a prevailing party, but concludes that the defendant is also a prevailing party because dismissal was entered in its favor. When both parties qualify, the trial court should exercise discretion to determine whether and how to award costs, including consideration of inequitable circumstances. The dissent would reverse and remand for that discretionary determination.