MOTION FOR ?PREVAILING PARTY? DETERMINATION
The court DENIES the motion by Elisabeth Miranda (?Elisabeth?) and Patricia Gauvin (?Patricia?) for an order determining them to be the ?prevailing parties? pursuant to Code of Civil Procedure section 1032 (?Section 1032?).
There appears to be no basis for determining whether Elisabeth and Patricia are ?prevailing parties? under Section 1032.
A ?prevailing party? determination under Section 1032 is relevant for the purpose of determining which party to a civil proceeding is entitled to recover costs.? (See Code Civ. Proc., ??1032, subd.?(b).)? As a rule of civil procedure, Section 1032 applies to a probate proceeding only to the extent that the Probate Code does not provide applicable rules.? (Prob. Code, ??1000.)? But the Probate Code provides rules for determining the recovery of costs: unless otherwise provided by the Probate Code or Rules of Court, a probate court has discretion to order costs be paid ?by any party to the a proceeding, or out of the assets of the estate, as justice may require.?? (Prob. Code, ??1002.)? Accordingly, it does not appear necessary or appropriate for the court to make a ?prevailing party? determination in connection with the recovery of costs.
Therefore, and because Elisabeth and Patricia have suggested no other relevant purpose for a ?prevailing party? determination under Section 1032, there appears to be no basis for making the determination in this action.