California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 14 — Of Miscellaneous Provisions, Chapter 6 — Of Costs, Section 1025
When, in an action for the recovery of money only, the defendant alleges in his answer that before the commencement of the action he tendered to the plaintiff the full amount to which he was entitled, and thereupon deposits in court, for plaintiff, the amount so tendered, and the allegation is found to be true, the plaintiff can not recover costs, but must pay costs to the defendant.
Notes
Requires a plaintiff in a money-only action to pay the defendant’s costs, and bars the plaintiff from recovering costs, when the defendant pleaded that the full amount due was tendered before suit, deposits that amount with the court for the plaintiff, and the tender allegation is found true.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 1025 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-14/chapter-6/section-1025