Southern Cal. Sunbelt v. Banyan, Ltd.

In the seventh appeal arising from a 20-year multi-phase litigation, the issue presented for the Court of Appeal’s review centered on whether the trial court had authority to award approximately $281,000 in receivership fees to one of the prevailing parties under Code of Civil Procedure section 1033.5, subdivision (c). The trial court denied the cost request on the grounds the matter was previously decided when the court terminated the receivership and approved the receiver’s final accounting. The Court of Appeal concluded the trial court retained authority to exercise its discretion and consider whether the receivership fee should be paid by one party or shared between the parties. Therefore, the Court reversed the order granting the motion to tax costs and remanded the matter to permit the court to exercise its discretion on this limited issue. In all other respects, the trial court’s postjudgment order was affirmed. View "Southern Cal. Sunbelt v. Banyan, Ltd." on Justia Law