Costs: “Unclean Hands” Rationale Does Not Justify Denying Routine Costs To Prevailing Defendant

 

Second District Panel Reverses Lower Court’s Denial of Costs to Winning Defendant.

     Defendant won a bench trial in New Life Agency, Inc. v. Beitler Services, Inc., Case No. B224724 (2d Dist., Div. 1 Feb. 23, 2012) (unpublished), but denied costs to defendant based on the perception that “both sides have dirty hands.” The appellate panel reversed the costs denial, because Code of Civil Procedure sections 1032(a)(4) & (b) had no equitable exceptions, such that defendant was entitled to costs as a matter of right.