Did Not Matter that Action Was Re-Filed.
Kleiman v. Cluff, Case No. B230932 (2d Dist., Div. 6 Nov. 20, 2012) (unpublished) involved a defendant awarded $12,263.20 in routine costs after plaintiff filed a “without prejudice” dismissal in an action, although a second action was re-filed later.
The costs award was affirmed on appeal. A defense dismissal, without or with prejudice, gives rise to prevailing party status for a costs award. (Chinn v. KMR Property Mgt., 166 Cal.App.4th 175, 190 (2008).) As far as the argument that the costs award in the first action could result in a duplicate award of the same costs in the second action, the appellate court answered that duplicative costs could be challenged in the second action, but that the second action really stands on its own. Affirmed.