Michell

This appeal is from an order granting the motions of both parties to tax costs and declaring that each party must bear his or her own costs. We conclude that the trial court erred in failing to award costs to cross-complainant, who prevailed on her cross-complaint.

Facts

Georgia Ann Michell and David R. Olick are both attorneys. From 1991 to 1993, Olick represented Michell in several cases. In 1992 Michell represented Leslie Jobe in a lawsuit, but she was eventually disqualified. She then referred the client to Olick. Michell and Olick orally agreed to split the fees recovered in Jobe’s litigation.

In March 1993, Olick drafted a malpractice complaint on behalf of Jobe against Michell and others. That underlying lawsuit was eventually settled in 1994. Michell and her law firm in turn cross-complained against Olick alleging various causes of action including breach of the agreement to split fees, bad faith denial of the contract, and legal malpractice. After Olick cross-complained against Michell and her law firm, Michell filed a second cross-complaint for assault, battery, and negligence. Michell’s husband, Jon D. Langsam, was joined as a cross-complainant and claimed…