In Muller v. Reagh (1960) 179 Cal. App. 2d 814, the plaintiff sued the defendant for unspecified claims. At trial, the defendant was granted a mistrial. The plaintiff then sought costs from the defendant which were denied. The plaintiff appealed and the appellate court dismissed the appeal, explaining that "until a final judgment is entered in the trial itself neither party is entitled to costs." (Id. at p. 815.)