BOONYARIT v. PAYLESS SHOESOURCE, INC.

No. B188565.

52 Cal.Rptr.3d 241 (2006)

145 Cal.App.4th 1188

Dina BOONYARIT, Plaintiff and Appellant, v. PAYLESS SHOESOURCE, INC., Defendant and Respondent.

Court of Appeal of California, Second District, Division Four.

December 19, 2006.


Attorney(s) appearing for the Case

Danz & Gerber and Karl Gerber, Los Angeles, for Plaintiff and Appellant.

Kinkle, Rodiger & Spriggs, Michael F. Moon and Scott B. Spriggs, Riverside, for Defendant and Respondent.


WILLHITE, J.

Plaintiff Dina Boonyarit appeals from the judgment awarding defendant Payless Shoesource, Inc. (Payless) prejudgment costs of $587.75 under Code of Civil Procedure section 1032.1 To be a "prevailing party," a defendant who has been voluntarily dismissed from the plaintiffs complaint must secure entry of the order or judgment of dismissal. (§ 1032, subd. (a)(4).)...

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