Small Claims in CA: after you dismiss a Small Claims case which was not heard: are you allowed to file for costs of suit?

Such as the filing fee and process servers? Or any other legit costs?--such as ?

San Diego, CA -

Attorney Answers (3)

Michael Charles Doland

Michael Charles Doland

Litigation Lawyer - Los Angeles, CA
Answered

Costs can only be awarded to a "prevailing party" and dismissing your case does not make you a "prevailing party".

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
Michael Raymond Daymude

Michael Raymond Daymude

Litigation Lawyer - Sherman Oaks, CA
Answered

No.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
Adam Jay Jaffe

Adam Jay Jaffe

Litigation Lawyer - Solana Beach, CA
Answered

Dismissal prior to hearing is tantamount to a settlement. Though you may have not settled, only the prevailing party (or party who won) is allowed to get costs.

If you have further questions, be sure to speak with a lawyer that knows about Small Claims.

-Adam Jaffe Law Office of Adam Jay Jaffe PO Box 2437 Camarillo, CA 93011-2437 (805) 504-2223 www.... more

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