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ROSSA v. D. L. FALK CONSTR., INC.

No. A125567.

184 Cal.App.4th 438 (2010)

109 Cal.Rptr.3d 77

STEVE ROSSA et al., Plaintiffs and Respondents, v. D. L. FALK CONSTRUCTION, INC., Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

May 6, 2010.

Attorney(s) appearing for the Case

Law Office of Tony J. Tanke and Tony J. Tanke for Defendant and Appellant.

McLennon Law Corporation, Daniel F. McLennon and Marc L. Sherman for Plaintiffs and Respondents.

OPINION

RICHMAN, J.—

A party required to post an appellate bond is statutorily entitled to recover the premiums necessary for the bond if that party prevails on the appeal. (Code Civ. Proc., § 1033.5, subd. (a)(6).) Rule 8.278(d)(1)(F) of the California Rules of Court specifies that a recoverable cost of appeal is "The cost to procure a surety bond, including the premium and the cost to obtain a letter of credit as collateral, unless...

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