First District, Division 5 So Holds.
We doubt the wisdom of this appeal in the first place–after all, a monstrous
$1,149.15 in appellate costs were at issue. However, In re Consumer Privacy Cases, Case No. A128862 (1st Dist., Div. 5 Mar. 30, 2011) (unpublished) has some nice discussions on two issues that come up frequently.
The first is whether the appellate record appendices are recoverable costs after a litigant prevails on appeal. Yes, they are, with the appellate court citing to the Advisory Committee comment to CRC 8.278.
The second is whether in-firm photocopying charges of 25 cents per page are properly charged “incurred costs.” If a declaration is provided showing this is the standard rate, the answer is yes. (Johnson v. Workers’ Comp. Appeals Bd., 37 Cal.3d 235, 243 (1984) [fact that the brief could have printed by some other printed at a lesser cost is not controlling].) In this regard, the appellate court rejected acceptance of a Georgia federal district case, Carpenters Health & Welfare Fund v. Coca-Cola Co., 587 F. Supp. 2d 1266, 1273 (N.D. Ga. 2008) nixing such a charge as unreasonable because “Carpenters did not apply California law, or, in particular, rule 8.278(d)(1)(B) [allowing recovery of costs actually paid for any portion of the record].” (Slip Opn., p. 4.)