Code Section

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. )

  
1026.  

(a) Except as provided in subdivision (b), in an action prosecuted or defended by a personal representative, trustee of an express trust, guardian, conservator, or a person expressly authorized by statute, costs may be recovered as in an action by or against a person prosecuting or defending in the person’s own right.

(b) Costs allowed under subdivision (a) shall, by the judgment, be made chargeable only upon the estate, fund, or party represented, unless the court directs the costs to be paid by the fiduciary personally for mismanagement or bad faith in the action or defense.

(Amended by Stats. 1988, Ch. 1199, Sec. 8. Operative July 1, 1989, by Sec. 119 of Ch. 1199.)