Cases: Undertaking

Undertaking: California Supreme Court Rules That Borrowing Interest Expense For Appellate Bonding Letter Of Credit Is Not Recoverable As Costs Under CRC 8.278(d)(1)(F)

Cases: Undertaking

  Disapproves Contrary Reasoning in Cooper v. Westbrook Torrey Hills.      In our August 28, 2011 post, we mentioned that the California Supreme Court was considering a case on recoverability of consequential interest expense by an appellate litigant who prevailed after posting a letter of credit but sought to recover the interest expense incurred by […]

Undertaking And Cases Pending: California Supreme Court To Decide If Appellate Costs Include Recovery Of Interest On Sums Borrowed to Fund A Letter Of Credit Securing A Surety Bond On Appeal

Cases: Cases Under Review, Cases: Undertaking

Rossa v. D.L. Falk Construction Accepted for Review on August 11, 2010.      In Cooper v. Westbrook Torrey Hills, 81 Cal.App.4th 1294, 1300 (2000), the Court of Appeal confirmed that interest paid on sums borrowed to obtain a cash deposit undertaking on appeal were recoverable costs of appeal under California Rule of Court 8.278(d)(1)(F).  However,

Undertaking: Court Of Appeal Holds That A Judgment Solely for Costs and Attorney’s Fees In HOA Dispute Is Automatically Stayed By Appeal, Without The Need For A Bond

Cases: Homeowner Associations, Cases: Standard of Review, Cases: Undertaking

Fourth District, Div. 1 Concludes That Not All Attorney’s Fee Awards Are Equal For Purposes Of Automatic Stay On Appeal.      In the next case, the Court of Appeal has gifted us with a 47 page opinion arising from the fact that homeowners in a condominium association installed two sandstone-colored windows, rather than two dark-brown

Undertaking For Costs: Trial Courts Must Use CRC 3.53(b) Factors In Exercising Discretion With Respect To Out-of-State Indigent Plaintiffs

Cases: Costs, Cases: POOF!, Cases: Undertaking

  Second District, Division 7 Provides Guidance On Discretionary Decision Making Under CCP Section 1030.      Code of Civil Procedure section 1030 vests trial courts with discretion to require out-of-state plaintiffs to post an undertaking to pay costs to prevailing defendants where there is a reasonable possibility of a decision favorable to the defense. The

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