California Court of Appeal
Carr Business Enters., Inc. v .City of Chowchilla, F052704
In a contract dispute, order denying defendant city's motion to tax costs by plaintiff business is reversed where a stipulated judicial reference agreement made pursuant to Code of Civil Procedure section 638, which included a provision to split the referee's fees equally between parties, was enforceable and precluded recovery of the prevailing party's 50-percent share of the referee's fees as an item of costs.
Appellate Information
- Decided 08/20/2008
- Published 08/20/2008
Judges
Court
- California Court of Appeal
Counsel
- For Appellees:
- Hargrove & Costanzo; Costanzo & Associates, Neal E. Costanzo, Fresno, for Defendant and Appellant., Charles L. Doerksen, for Plaintiff and Respondent.