$14,000 In Routine Costs Reversed Because It Exceeded The $1,000 Cap.
Freedom of contract was the theme resonating in the result in Gogal v. Deng, Case No. D084158 (4th Dist., Div. 1 July 22, 2025) (published). The case was a residential landlord-tenant dispute where tenants were prevailing parties but had a contractual lease clause specifying that the losing party was not liable for recoverable costs and fees exceeding $1,000 (“the cap”). The lower court did not honor the cap, awarding tenants roughly $14,000 in costs. The 4/1 DCA revised, honoring the cap. This was a private contractual matter, not a public interest case, such that the cap was going to be honored under CCP § 1032 language allowing the parties to agree how costs should be allocated.