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P1451 REVIEW DENIED An offer of compromise that is silent on the issue of attorney fees and costs does not exclude their recovery by the prevailing party; receipt of settlement proceeds is not a "net monetary recovery" under Code of Civil Procedure section 1032, so a plaintiff who agrees to dismiss a case in return for the payment of cash is not entitled to costs as a prevailing party; the prevailing party for the award of costs is not necessarily the prevailing party for the award of attorney fees; a lease calling for attorney fees to the prevailing party in any legal action or proceeding brought by either party to it justifies the award of attorney fees to a prevailing party in litigation between the parties even if it is unrelated to the lease.CitationCHINN v KMR (Costs and Fees) 166 CA4 175 [See: CCP 998, 1032, 1033,5; Ritzenthaler v Fireside 93 CA4 986; P/AT 1/02; Santisas v Goodin 17 C4 599; T/AT 4/98]
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