Costs: $68,441.99 Costs Award Affirmed On Appeal, Avoiding Judicial Council Form Lack Of Verification Language In Costs Memorandum

Fifth District Split Decision On This Issue Did Not Need To Be Confronted.

            The Fourth District, Division Three, in an unpublished decision authored by Presiding Justice O’Leary, did not have to confront an issue which divided the Fifth District in Srabian v. Triangle Track Center, Case No. F080066 (Aug. 12, 2022), where the dissenting justice wrote a very detailed opinion indicating why use of the Judicial Council costs of memorandum form was defective in not containing “penalty of perjury” language.  In the appeal before the Santa Ana appellate court, Pars Publishing Corp. v. Ordway Corp., Case No. G061374 (4^th Dist., Div. 3 Dec. 18, 2023) (unpublished), the prevailing party was awarded $68,411.99 in costs, using the Judicial Council form found defective by the dissenting justice in Srabian.  However, because this argument was not raised in the trial court, it was deemed waived so that the 4/3 DCA panel did not have to dive into the issue.  Beyond that, there was some authentication of specific costs, in an opposing declaration under penalty of perjury, to support awarding costs even if the Judicial Council language was flawed.