Haire

—Appellants challenge the propriety of the trial court’s order granting costs to respondents. Appellants contend that the court lacked jurisdiction to award costs, including attorney’s fees (Civ. Code, § 1717, subd. (a)), to respondents because they were not “prevailing parties,” within the meaning of Code of Civil Procedure section 1032, and that respondents waived costs because they failed to file their memorandum of costs within the statutory time period. We find appellants’ contentions meritorious and, accordingly, reverse.

Appellants, tenants, sued respondents for breach of their leasehold obligations as landlords. Thereafter, respondents filed an unlawful detainer suit against appellants because of their failure to pay rent. Pursuant to stipulation, the two cases were consolidated. After a jury trial, a judgment was entered on June 26, 1986, which (1) awarded appellants $100,204 plus interest from the date of the verdict until paid “with costs and disbursements in the sum of $47,567.81,” and (2) awarded respondents $18,900. No appeal was taken from that judgment.

On July 22, 1986, respondents filed a memorandum of costs and disbursements seeking clerk’s and…