When, in an action for the recovery of money only, the defendant alleges in his answer that before the commencement of the action he tendered to the plaintiff the full amount to which he was entitled, and thereupon deposits in court, for plaintiff, the amount so tendered, and the allegation is found to be true, the plaintiff can not recover costs, but must pay costs to the defendant.
§ 1025.Deposit In Court By Defendant Upon Allegation that Full Amount Tendered to Plaintiff
Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Enacted 1933 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 1025 bars a plaintiff from recovering costs, and instead requires the plaintiff to pay the defendant's costs, when the defendant proves in a money-only action that the full amount owed was tendered to the plaintiff before suit was filed and is deposited with the court.
Full Text of § 1025
Plain-English Summary
This section penalizes plaintiffs who sue after already being offered everything they're owed. It applies narrowly, to actions for the recovery of money only. If the defendant's answer alleges that, before the lawsuit was filed, the defendant tendered the plaintiff the full amount the plaintiff was entitled to, and the defendant backs that allegation up by depositing the tendered amount with the court, the stage is set for a cost-shifting penalty.
If the fact-finder agrees the allegation is true -- that the full amount really was tendered before suit -- the consequence is automatic and reversed from the norm: the plaintiff can't recover costs at all, and instead has to pay the defendant's costs. A plaintiff who rejects a full pre-suit tender and sues anyway takes on the risk of paying for a lawsuit that accomplished nothing the tender hadn't already offered.
Frequently Asked Questions
What kind of action does Section 1025 apply to?
An action for the recovery of money only.
What must the defendant prove to trigger this cost-shifting rule?
That before the action was commenced, the defendant tendered the plaintiff the full amount the plaintiff was entitled to, and that the tendered amount has been deposited in court for the plaintiff.
What happens to costs if the defendant proves a valid pre-suit tender?
The plaintiff cannot recover costs, and must instead pay costs to the defendant.
Amendment History
Added by renumbering Section 1030 by Stats. 1933, Ch. 744.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 1025 tender defense california costspre-suit tender full payment california lawsuit