Colavincenzo

I. Background

In 2007, Colavincenzo sued defendants and others for defects in the construction of a pool and spa in Pebble Beach. In 2012, the defendants who had not settled moved to dismiss the case for failure to bring it to trial within five years. The trial court granted Aloha’s and Corby’s motions and entered orders dismissing the complaint against them with prejudice. Colavincenzo appealed from the trial court’s orders. (Colavincenzo v. Corby Gould Pools, et al. (H039430).) In May 2013, the trial court entered orders awarding $30,870.34 in costs to Aloha and $14,829 in costs to Corby. Colavincenzo filed a separate appeal from the costs orders.

II. Discussion

Colavincenzo contends that if we reverse the trial court’s orders dismissing defendants from the underlying action, the orders awarding them costs must also be reversed. We agree. “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).)1 “ ‘Prevailing party’ includes . . . a defendant in whose favor dismissal is entered . . . .” (§ 1032, subd. (a)(4).) Here, where dismissals were entered…