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Defendant Can Utilize Motion for an Undertaking to Enforce Award of Costs ( November 2002 )
The following scenario is all too common. An out-of-state plaintiff sues a defendant in a California state court proceeding. After incurring significant attorney fees and costs, the defendant defeats the plaintiff's claims, either through a pretrial motion or at trial. The defendant then seeks to recover costs of suit as the prevailing party, which may include an award of attorney fees under a contractual "prevailing party" clause. Although the court awards attorney fees and costs, the defendant has difficulty enforcing the award because the plaintiff's assets are located outside of California.
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