Code of Civil Procedure - CCP
PART 2. OF CIVIL ACTIONS [307 - 1062.34]
( Part 2 enacted 1872. ) TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34]
( Title 14 enacted 1872. ) CHAPTER 6. Of Costs [1021 - 1038]
( Chapter 6 enacted 1872. ) 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.
(Added by renumbering Section 1030 by Stats. 1933, Ch. 744.)