Costs: $3,043.08 In Statutory Routine Costs To One Prevailing Defendant Did Not Have To Be Apportioned Out For Expenses Relating To Other Non-Prevailing Defendant

 

Two Defendants Had Distinct Defenses, Not Unified In Interest.

     In Imbach v. Four Seasons Auto Group, Case No. E059228 (4^th Dist., Div. 2 June 11, 2015) (unpublished), one defendant prevailed on a nonsuit against plaintiff, while plaintiff won a $38,805 monetary award for wrongful car repossession against a separate, non-prevailing defendant. The prevailing defendant recovered statutory costs of $3,043.08 against plaintiff. On appeal, plaintiff argued the trial judge erroneously failed to apportion out costs relating to the non-prevailing defendant. The appellate court disagreed, determining that both defendants were not united in interest—they both presented distinct defenses such that no allocation was required. (Smith v. Circle P Ranch Co., 87 Cal.App.3d 267, 272 (1978).)