Cauzza v. Julian Union H.S. Dist.
Appellants Victor Cauzza and Julie Cauzza appeal from a summary judgment in favor of respondent Julian Union High School District (District) on the Cauzzas' second amended cross-complaint for equitable indemnity filed after the Cauzzas were sued by a Julian High School student for personal injuries occurring on their property, where they were storing a junior class homecoming float. The Cauzzas also appeal from a postjudgment order awarding District costs as the prevailing party. The Cauzzas contend the trial court erred in granting summary judgment because (1) they demonstrated a triable issue of fact as to whether they had recoverable indemnity damages, namely the potential recovery of attorney fees from District under Code of Civil Procedure[1] section 1021.6; and (2) triable issues of fact exist as to whether District is entitled to immunity from liability under Education Code section 44808. They further contend the trial court erred by ruling it was without discretion to deny District costs as the prevailing party under section 1032, subdivision (a).
We conclude District demonstrated its entitlement to summary judgment and the Cauzzas did not present evidence raising a triable issue of material fact for a jury. We further conclude the trial court did not err in awarding District costs as the prevailing party under section 1032. Accordingly, we affirm the judgment and postjudgment order.
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