BILL NUMBER: AB 1108	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nielsen

                        FEBRUARY 18, 2011

   An act to amend Section 1032 of, and to repeal Section 1034 of,
the Code of Civil Procedure, relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1108, as introduced, Nielsen. Litigation costs: court rules.
   Existing law provides that prejudgment costs shall be claimed and
contested in accordance with rules adopted by the Judicial Council.
Existing law also requires the Judicial Council to establish by rule
allowable costs on appeal and the procedure for claiming those costs.

   This bill would repeal those provisions, and make other conforming
changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1032 of the Code of Civil Procedure is amended
to read:
   1032.  (a) As used in this section, unless the context clearly
requires otherwise:
   (1) "Complaint" includes a cross-complaint.
   (2) "Defendant" includes a cross-defendant or a person against
whom a complaint is filed.
   (3) "Plaintiff" includes a cross-complainant or a party who files
a complaint in intervention.
   (4) "Prevailing party" includes the party with a net monetary
recovery, a defendant in whose favor a dismissal is entered, a
defendant where neither plaintiff nor defendant obtains any relief,
and a defendant as against those plaintiffs who do not recover any
relief against that defendant. When any party recovers other than
monetary relief and in situations other than as specified, the
"prevailing party" shall be as determined by the court, and under
those circumstances, the court, in its discretion, may allow costs or
not and, if allowed may apportion costs between the parties on the
same or adverse sides  pursuant to rules adopted under
Section 1034  .
   (b) Except as otherwise expressly provided by statute, a
prevailing party is entitled as a matter of right to recover costs in
any action or proceeding.
   (c) Nothing in this section shall prohibit parties from
stipulating to alternative procedures for awarding costs in the
litigation  pursuant to rules adopted under Section 1034
 .
  SEC. 2.  Section 1034 of the Code of Civil Procedure is repealed.

   1034.  (a) Prejudgment costs allowable under this chapter shall be
claimed and contested in accordance with rules adopted by the
Judicial Council.
   (b) The Judicial Council shall establish by rule allowable costs
on appeal and the procedure for claiming those costs.