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SETTLE v. STATE OF CALIFORNIA

No. B249236.

228 Cal.App.4th 215 (2014)

174 Cal. Rptr. 3d 925

KATHRYN SETTLE, Plaintiff, v. STATE OF CALIFORNIA, Defendant and Respondent. JAMES McKIERNAN, Objector and Appellant.

Court of Appeals of California, Second District, Division Six.

July 23, 2014.

Attorney(s) appearing for the Case

James McKiernan and Tanya Ortega for Plaintiff.

James McKiernan, in pro. per.; James McKiernan Lawyers and Tanya E. Ortega for Objector and Appellant.

Kamala D. Harris , Attorney General, Kristin G. Hogue , Assistant Attorney General, Ricardo Rojo and David Adida , Deputy Attorneys General, for Defendant and Respondent.

OPINION

YEGAN, J. —

A patron orders a hamburger from the menu at a diner and asks the server if he can substitute edamame for french fries. "No substitutions," says the server. We, like the server who cannot add or substitute entries on the menu, cannot add or substitute words in a statute.

Code of Civil Procedure 1038 requires a mandatory award of defense costs where the trial court grants summary judgment and finds that the...

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