Case Summary

p1630 Plaintiffs in a breach of contract action were awarded zero damages because prior settlement awards with co-defendants exceeded the amount of the damages. C.C.P. § 1032, which entitles prevailing parties to recover costs, defines a “prevailing party” to include “the party with a net monetary recovery”; accordingly, the trial court did not abuse its discretion by finding that plaintiffs were not the prevailing party even though the court found in their favor.

GOODMAN v LOZANO (Zero Judgment) 47 C4 1327 [See Lozano v Goodman, 159 CA4 1313, P/AT 3/2008; CCP § § 1032, 877; Wakefield v Bohlin, 145 CA4 963, P/AT 3/2007]