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Motion To Tax Costs Claimed On Appeal
Matter on the Law & Motion/Discovery Calendar for Tuesday, October 21, 2025, line 1, PLAINTIFF STEPHEN WEISSBERG'S Motion To Tax Costs Claimed On Appeal
Plaintiff and judgment creditor Stephen Weissberg moves to tax costs on appeal sought by defendant and judgment debtor Rene Peinado. The motion is denied.
"If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. Whether a cost item was reasonably necessary to the litigation presents a question of fact for the trial court . . . . However, because the right to costs is governed strictly by statute a court has no discretion to award costs not statutorily authorized." (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774 [citations omitted].)
The court concludes the items in Peinado's cost bill were proper, consisting of filing, transcripts of proceedings appealed from, and the cost of posting an appeal bond, including the interest he paid on a loan to post collateral on the bond. (See Siry Investments, L.P. v. Farkhondehpour (2015) 238 Cal.App.4th 725, 729.) Peinado has provided proof to the court that the interest was actually paid.
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