California CCP 1032 Costs: Prevailing Party Rules & Recovery Guide

California Code of Civil Procedure (CCP) § 1032 establishes the rules for awarding costs to the prevailing party in civil litigation. A prevailing party is entitled to recover certain litigation expenses, but only if they meet statutory criteria and follow strict procedural deadlines.

Key takeaway: CCP 1032 defines who qualifies as a prevailing party, what costs are recoverable (per CCP 1033.5), and how to file a cost memorandum within 15 days of judgment. Courts strictly enforce these rules, and failure to comply can result in forfeiture of cost recovery.

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Governing Statutes

• California Code of Civil Procedure § 1032: Defines prevailing party status and recoverable costs.
• California Code of Civil Procedure § 1033.5: Lists allowable and non-allowable costs.
• California Rules of Court, Rule 3.1700: Governs the procedure for claiming costs, including deadlines and formatting.

Key Definitions

• Prevailing Party (CCP § 1032(a)(4)):
• The party with a net monetary recovery (even if less than demanded).
• The defendant in a case where the plaintiff recovers nothing.
• The party who obtains a dismissal in their favor.
• The party with a judgment in their favor (even if no monetary award).
• Costs (CCP § 1033.5): Expenses incurred during litigation, such as filing fees, service of process, deposition transcripts, and expert witness fees (if court-ordered).

Exclusions Under CCP 1033.5

Not all expenses qualify as recoverable costs. Common exclusions include:

• Attorney’s fees (unless authorized by contract or statute).
• Investigation expenses (unless court-ordered).
• Travel expenses for witnesses (unless subpoenaed).
• Post-judgment enforcement costs.

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1. Determine Prevailing Party Status

Before filing for costs, confirm you meet CCP § 1032(a)(4) criteria:

• Plaintiff: Did you obtain a net monetary recovery (even if less than demanded)?
• Defendant: Did the plaintiff recover nothing (e.g., dismissal, summary judgment, or zero damages)?
• Settlement: If the case settled, was the settlement more favorable than the last offer made under CCP § 998?

Example: If a plaintiff demands $100,000 but recovers $50,000, they are the prevailing party. If the defendant wins summary judgment, they are the prevailing party.

2. Identify Recoverable Costs (CCP § 1033.5)

Only allowable costs under CCP 1033.5 may be claimed. Common recoverable items include:

3. File a Cost Memorandum (Rule 3.1700)

The prevailing party must file a verified cost memorandum within 15 days of the judgment or dismissal.

Required Documents & Forms

• Judicial Council Form CIV-100: Memorandum of Costs (Summary) – Used for most cases.
• Judicial Council Form CIV-100(A): Memorandum of Costs (After Judgment) – Used for post-judgment costs.
• Verification: A sworn statement under penalty of perjury that the costs are accurate.

Filing Process

1. Complete Form CIV-100: List all recoverable costs with supporting documentation (e.g., receipts, invoices).
2. Serve the Memorandum: Serve a copy on all parties via certified mail or personal service.
3. File with the Court: Submit the original to the clerk’s office within 15 days of judgment.
4. Opposing Party’s Response: The losing party has 15 days to file a motion to tax costs (challenge the claimed expenses).

4. Motion to Tax Costs (CCP § 1034)

If the losing party disputes the costs, they may file a motion to tax costs within 15 days of service of the cost memorandum.

Common Challenges

• Unreasonable or unnecessary costs: The court may disallow costs it deems excessive.
• Non-allowable items: Costs not listed in CCP 1033.5 (e.g., attorney’s fees, travel expenses).
• Lack of documentation: Failure to provide receipts or invoices.

Court’s Review Process

• The court holds a hearing on the motion.
• The prevailing party bears the burden of proving costs are reasonable and necessary.
• The court may strike improper costs or reduce excessive amounts.

5. Enforcement of Cost Award

If the losing party fails to pay the awarded costs:

• The prevailing party may file a cost judgment (a separate judgment for costs).
• The judgment may be enforced like any other civil judgment (e.g., wage garnishment, bank levy).

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Mistakes That Forfeit Cost Recovery

1. Missing the 15-Day Deadline: Failure to file the cost memorandum within 15 days of judgment results in automatic waiver of costs.
2. Including Non-Recoverable Costs: Claiming attorney’s fees or travel expenses (unless subpoenaed) will lead to striking of those items.
3. Inadequate Documentation: Failing to provide receipts or invoices for claimed costs may result in disallowance.
4. Incorrect Prevailing Party Status: If the court determines you are not the prevailing party, your cost claim will be denied.

Exceptions to CCP 1032

• CCP § 998 Offers: If a party rejects a 998 offer and fails to obtain a more favorable judgment, they may lose prevailing party status and forfeit costs.
• Pro Bono or Fee-Shifting Cases: Some statutes (e.g., FEHA, consumer protection laws) allow attorney’s fees in addition to costs.
• Small Claims Court: Cost recovery rules differ in small claims cases (CCP § 116.780).

Penalties for Non-Compliance

• Forfeiture of Costs: Missing deadlines or filing improper claims results in loss of cost recovery.
• Sanctions: Filing a frivolous motion to tax costs may result in sanctions under CCP § 128.7.
• Appeal Risks: If costs are improperly awarded, the losing party may appeal the cost judgment.

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Who qualifies as a prevailing party under CCP 1032?

A prevailing party is:

• The plaintiff who obtains a net monetary recovery (even if less than demanded).
• The defendant if the plaintiff recovers nothing (e.g., dismissal, summary judgment).
• The party who obtains a judgment in their favor (even if no money is awarded).

What costs are recoverable under CCP 1032?

Recoverable costs include:

• Filing fees
• Service of process fees
• Deposition transcripts (if used in trial)
• Court reporter fees
• Expert witness fees (if court-ordered)
• Jury fees

Non-recoverable costs include attorney’s fees, travel expenses (unless subpoenaed), and investigation costs.

How long do I have to file a cost memorandum in California?

You must file a verified cost memorandum within 15 days of the judgment or dismissal. Missing this deadline results in automatic waiver of costs.

What happens if the other party files a motion to tax costs?

The losing party may challenge your cost memorandum by filing a motion to tax costs within 15 days of service. The court will hold a hearing to determine if the costs are reasonable and necessary. If the motion succeeds, the court may strike or reduce the claimed costs.

Can I recover attorney’s fees under CCP 1032?

No. Attorney’s fees are not recoverable under CCP 1032 unless:

• A contract or statute specifically authorizes them (e.g., FEHA, consumer protection laws).
• The case involves a fee-shifting statute (e.g., Civil Code § 1717 for contract disputes).

What if I miss the 15-day deadline to file a cost memorandum?

If you miss the deadline, you forfeit your right to recover costs. The court has no discretion to extend the deadline, even for good cause.

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Action Plan for Recovering Costs

• ✅Step 1: Confirm Prevailing Party Status
• Did you obtain a net monetary recovery (plaintiff)?
• Did the plaintiff recover nothing (defendant)?
• Was the judgment in your favor?

• ✅Step 2: Gather Documentation
• Receipts for filing fees, service of process, deposition transcripts.
• Invoices for expert witnesses (if court-ordered).
• Proof of jury fees (if applicable).

• ✅Step 3: Complete Form CIV-100
• Fill out the Memorandum of Costs (Summary).
• Verify the form under penalty of perjury.

• ✅Step 4: Serve & File the Memorandum
• Serve a copy on all parties within 15 days of judgment.
• File the original with the court clerk.

• ✅Step 5: Respond to Motion to Tax Costs (If Filed)
• Prepare evidence (receipts, invoices) to prove costs are reasonable and necessary.
• Attend the hearing to defend your cost claim.

Official Resources & Contact Information

• California Courts Self-Help Center: www.courts.ca.gov/selfhelp
• Judicial Council Forms (CIV-100): www.courts.ca.gov/forms
• California Code of Civil Procedure: leginfo.legislature.ca.gov
• Court Clerk’s Office: Contact your local superior court for filing assistance.

Disclaimer: This article is for informational and educational purposes only. It does not constitute formal legal advice and does not establish an attorney-client relationship.