California Code of Civil Procedure

§ 1033

CCP § 1033 Effective Sep 28, 1998Title 14 · Part 2 · Ch. 6

Statute text

(a)Costs or any portion of claimed costs shall be as determined by the court in its discretion in a case other than a limited civil case in accordance with Section 1034 where the prevailing party recovers a judgment that could have been rendered in a limited civil case.

(b)When a prevailing plaintiff in a limited civil case recovers less than the amount prescribed by law as the maximum limitation upon the jurisdiction of the small claims court, the following shall apply:

(1)When the party could have brought the action in the small claims division but did not do so, the court may, in its discretion, allow or deny costs to the prevailing party, or may allow costs in part in any amount as it deems proper.

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Legislative history

Amended by Stats. 1998, Ch. 931, Sec. 107. Effective September 28, 1998.