. . . However, A Costs Item For Models And Exhibit Photocopies Was Stricken On Appeal, Because Costs Relating To A Demurrer Hearing Are Not Recoverable Because Costs Statute Only Applies To Trier Of Fact Stages Of The Litigation.
Marosi v. TriCo Bancoshares, Case No. H051989 et al. (6th Dist. July 20, 2026) (unpublished) is a situation where an appellate court affirmed a $379,280.25 contractual fee award and most of a costs award to a litigant prevailing under the terms of a loan agreement. With respect to the fee award, the non-prevailing party did sue on the loan agreement based on its pleadings such that the award was “on the contract,” with a unilateral fees clause being deemed bilateral under Civil Code section 1717. On the costs issue, certain model and photocopy costs relating to a demurrer proceeding, awarded by the lower court, were reversed as a matter of law because the appellate court found that CCP § 1033.5 only applies to trier of fact determinations, not legal determinations relating to the pleadings as a matter of law.