Seever v. Copley Press, Inc.

Full title: Seever v. Copley Press, Inc.,

Court: California Court of Appeals, Second District, Seventh Division

Date published: Aug 22, 2006

No. B180062 (Cal. Ct. App. Aug. 22, 2006)

Opinion

MICHAEL C. SEEVER, Plaintiff and Appellant, v. COPLEY PRESS, INC., et al., Defendants and Respondents. B180062 California Court of Appeal, Second District, Division Seven August 22, 2006

CERTIFIED FOR PARTIAL PUBLICATION

Los Angeles County Super. Ct. No. BC277459.

ORDER MODIFYING OPINION

NO CHANGE IN JUDGMENT

THE COURT^*:

* PERLUSS, P.J. JOHNSON, J. WOODS, J.

It is ordered that the opinion filed herein on August 15, 2006, and certified for partial publication, be modified as follows:

At the bottom of page 28 and top of page 29, the paragraph states:

As pointed out by Copley, the prevailing party in a lawsuit is entitled as a matter of right to recover allowable costs under section 1032, subdivision (b) which provides “. . . (b) Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.� In Santisas v. Goodin (1998) 17 Cal.4th 599, 606 the California Supreme Court stated “If the items on a verified cost bill appear proper charges, they are prima facie evidence that the costs, expenses and services therein listed were necessarily incurred. In Rappenecker v. Sea-Land Service, Inc. (1979) 93 Cal.App.3d 256, 266 the court indicated that it is not enough for the losing party to attack submitted costs by arguing that he thinks the costs were not necessary or reasonable. Rather, the losing party has the burden to present evidence and prove that the claimed costs are not recoverable. Copley maintains that Seever has not made a sufficient showing that the following items of costs were unnecessary.

It should read as follows:

As pointed out by Copley, the prevailing party in a lawsuit is entitled as a matter of right to recover allowable costs under section 1032, subdivision (b) which provides “. . . (b) Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.� In Rappenecker v. Sea-Land Service, Inc. (1979) 93 Cal.App.3d 256, 266 the Court of Appeal stated “If the items on a verified cost bill appear proper charges, they are prima facie evidence that the costs, expenses and services therein listed were necessarily incurred.� The Rappenecker court indicated that it is not enough for the losing party to attack submitted costs by arguing that he thinks the costs were not necessary or reasonable. Rather, the losing party has the burden to present evidence and prove that the claimed costs are not recoverable. Copley maintains that Seever has not made a sufficient showing that the following items of costs were unnecessary.

The foregoing does not effect a change in the judgment.