MILLER v. AMERICAN HONDA MOTOR CO.

Docket No. 24734.

184 Cal.App.3d 1014 (1986)

229 Cal. Rptr. 523

HANK MILLER, Cross-complainant and Respondent, v. AMERICAN HONDA MOTOR CO., INC., Cross-defendant and Appellant.

Court of Appeals of California, Third District.

August 25, 1986.


Attorney(s) appearing for the Case

COUNSEL

Clyde Small for Cross-defendant and Appellant.

Halkides & Morgan, Arthur L. Morgan and Harry C. Carpelan for Cross-complainant and Respondent.


OPINION

SPARKS, J.

In this case we examine the right to recover costs on a cross-complaint for comparative equitable indemnity. As its name suggests, such an action is equitable in nature and, as is the case with all equitable actions, costs are not recoverable as a matter of right but "may be allowed or not ... in the discretion of the court." (Code Civ. Proc., § 1032, subd. (c).) Because we conclude that the trial court did...

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