[DOWNLOAD] "Goodman v. Lozano" by Colorado Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Goodman v. Lozano
- Author : Colorado Supreme Court
- Release Date : January 04, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Under certain circumstances, a trial court must award costs and even attorney fees in favor of a "prevailing party" in an action. (Code Civ. Proc., 1032, subd. (b).) "Prevailing party," as relevant here, includes "the party with a net monetary recovery." ( 1032, subd. (a)(4); hereafter, section 1032(a)(4).) In this case, the plaintiffs settled with several defendants and later obtained a damage award against non-settling defendants in an amount less than the settlement proceeds. By statute, an award in favor of a non-settling defendant is offset by the amount the plaintiff has received from the settling defendants. ( 877, subd. (a).) If the settlement amount is greater than the damage award, the award is entirely offset, resulting in a zero judgment. (Syverson v. Heitmann (1985) 171 Cal.App.3d 106, 110 (Syverson).)
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