California Supreme Court

Steve Rossa, Plaintiffs and Respondents v. D.l. Falk Construction, Inc., Defendant and Appellant

January 23, 201253 Cal. 4th 387

Summary

The court held that appellate cost rules do not permit a successful appellant to recover interest and related fees incurred to borrow funds used to secure a letter of credit for an appeal bond. Applying a strict construction of cost provisions and the rule's context, the court limited recoverable letter-of-credit costs to direct charges imposed for obtaining the letter of credit. The court also disapproved the contrary holding concerning interest incurred for a deposit made in lieu of a bond and affirmed the Court of Appeal.