CCP § 1032 Was The Costs Predicate.
Plaintiff in an interpleader action, brought because there apparently was a dispute to entitlement to insurance proceeds between defendants and a bankruptcy trustee, dismissed the action after the trustee abandoned any interest in the proceeds, with the proceeds going to plaintiff. Defendants then moved for and received routine costs of $1,344 as the prevailing party. Plaintiff appealed (we wonder why due to the small amount involved, although plaintiff claimed to be the prevailing party).
The costs award to the defense was affirmed in Gray v. Eddleman, Case No. G050816 (4th Dist., Div. 3 Oct. 6, 2015) (unpublished), in a 3-0 decision authored by Presiding Justice Bedsworth.
The reason was that where no side prevailed—which was the case where there was a dismissal and no ruling on the merits of the interpleader case—the defendant is the prevailing party under Code of Civil Procedure section 1032. Pure and simple legal costs issue under § 1032.