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DeSAULLES v. COMMUNITY HOSPITAL OF MONTEREY PENINSULA

No. S219236.

62 Cal.4th 1140 (2016)

MAUREEN DeSAULLES, Plaintiff and Appellant, v. COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA, Defendant and Respondent.

Supreme Court of California.

March 10, 2016.

Attorney(s) appearing for the Case

Henry Joachim Josefsberg for Plaintiff and Appellant.

The David Firm, Henry S. David , Dana Joy Emmer ; Greines, Martin, Stein & Richland, Robert A. Olson and Edward L. Xanders for David S. Karton, as Amicus Curiae on behalf of Plaintiff and Appellant.

Fenton & Keller and Christopher Edward Panetta for Defendant and Respondent.

OPINION

Code of Civil Procedure section 1032, subdivision (a)(4) defines the "prevailing party" in litigation to include "the party with a net monetary recovery" and "a defendant in whose favor a dismissal is entered." (All undesignated statutory references are to this code.) A "prevailing party," so defined, "is entitled as a...

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