Costs: Prevailing Party On Appeal Allowed $1,500 In Printing/Copying Appellate Costs For Appellate Briefs/Other Pleadings

Counsel Press Expenses Were Allowed, With Unsuccessful Motions Still Entitled To Allowance.

            In Kleidman v. Feeva Technology, Inc., Case No. H049681 (6^th Dist. May 10, 2023) (unpublished), the losing party challenged $1,500 in appellate costs for printing and copying briefs, arguing that it included motion and other pleadings (not just briefs) and that it was excessive to use Counsel Press, an outside service, to process the printing, copying, and filing of the appellate paperwork.  The trial court denied losing party’s motion to tax these appellate costs, and the appellate court affirmed.

            The Advisory Committee comment to CRC 8.278(d)(1)(D)-(E) allows for electronic filing service providers’ efforts to be reimbursed.  No legal authority was advanced to show that the definition of “briefs” excluded any other appellate proceedings not specifically titled as a brief.  Finally, prevailing party costs recovery depends on prevailing overall (which the prevailing party did here), not just some interim losses on a single motion or hearing that occurred during the appeal.   (See CRC 8.278(a)(1) [defining a prevailing party based on whether the court affirmed or reversed a judgment].)