Notwithstanding any other provisions of law, when the State is a party, costs shall be awarded against it on the same basis as against any other party and, when awarded, must be paid out of the appropriation for the support of the agency on whose behalf the State appeared.
§ 1028.Costs When State Party
Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Last amended 1943 · Last verified July 28, 2026
In one sentenceSection 1028 requires costs to be awarded against the State on the same basis as against any other litigant, with any award paid out of the budget of the state agency the State appeared on behalf of.
Full Text of § 1028
Plain-English Summary
The State doesn't get special treatment when it loses a cost determination. Section 1028 says that whenever the State is a party, costs are awarded against it exactly as they would be against any private litigant -- sovereign status doesn't shield the State from ordinary cost-shifting rules.
Where the money comes from is the practical wrinkle unique to government litigants. An award against the State has to be paid out of the appropriation supporting the specific agency on whose behalf the State appeared in the case, tying the cost obligation to that agency's own budget rather than some general state litigation fund.
Frequently Asked Questions
Can costs be awarded against the State of California in a lawsuit?
Yes, Section 1028 says costs are awarded against the State on the same basis as against any other party.
Where does the money come from when the State has to pay costs?
Out of the appropriation for the support of the specific state agency on whose behalf the State appeared in the action.
Amendment History
Amended by Stats. 1943, Ch. 165.
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 1028 state party costs californiacosts against the state of california lawsuit