Also, No Costs Recovery for Expenses Recouped Via An Insurance Carrier.
Nevis Homes LLC v. CW Roofing, Inc., Case No. B237907 (2d Dist., Div. 1 May 15, 2013) (partially published) determined two issues of importance, one published and one unpublished in nature:
1. In the published portion, the mail service of a judgment of dismissal by a party extended the time to file a costs memorandum by 5 days, with nothing in the California Rules of Court showing otherwise; and
2. In the unpublished portion, a costs claimant cannot recoup a costs award that has been paid by an insurance carrier--this is a “double recovery” eschewed by CCP § 1033.5(c)(3)’s “reasonable in amount” language.
Acting Presiding Justice Rothschild authored the 3-0 decision on these issues.