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Acosta v. SI Corp.6/6/2005
CERTIFIED FOR PUBLICATION
Plaintiffs in a construction defect case appeal from a cost bill after a defense verdict. They argue the memorandum of costs should have been stricken because defendant SI Corporation (SI) did not apportion its costs among the plaintiffs although their claims were separate, rather than joint. We conclude SI was entitled to file a single costs memorandum and was not required to apportion costs among the plaintiffs. The trial court did not err in awarding costs to SI as prevailing party. Plaintiffs also challenge the sufficiency of the evidence to support the cost award. Because the record does not show that the trial court engaged in the itemized review required, and in fact indicated that it did not, we reverse the award and remand so that an itemized review may be made.
FACTUAL AND PROCEDURAL SUMMARY
This appeal arises from two consolidated construction defect actions involving 101 homes located in the California Marquis tract in Palmdale. (Acosta et al. v. Kaufman & Broad (Super. Ct. L. A. County, 1997, No. SC046582), Alvarez et al. v. Kaufman & Broad (Super. Ct. L.A. County, 1997, No. SC048043).) The houses were constructed by Kaufman & Broad. The same attorney represented all the plaintiffs in the two actions. Each home was owned by a separate plaintiff or group of plaintiffs. Plaintiffs settled their claims against Kaufman & Broad and dismissed it from the actions. As a part of the settlement, SI was added as a defendant. The Fourth Amended Complaints against SI alleged that it provided Fibermesh(TM) for installation in the concrete slabs under the homes instead of welded wire mesh. Plaintiffs alleged the concrete slabs cracked, causing extensive damage to their homes.
Following a number of pretrial motions not relevant here, the consolidated case was tried to a jury on a theory of strict product liability. The jury returned a verdict in favor of SI. SI filed a memorandum of costs, claiming $122,795.08. Plaintiffs moved to tax costs, and argued that the entire cost bill should be stricken because it "attempts to impose all of Defendants' costs, unallocated, jointly and severally on all Plaintiffs despite the fact that the claims of said Plaintiffs were and are separate and not joint." The motion also challenged $36,618.40 of specific cost items. SI opposed the motion.
At oral argument, the trial court referred to the motion to tax and stated, "What I don't want to do, . . . is go through this individually. I have done that too many times, and it's just as tedious as can be. I will do it if I have to, but I don't want to." The matter was taken under submission. The trial court later denied the motion to tax costs in its entirety. We are not provided with a copy of the judgment for costs in favor of SI. Plaintiffs filed a timely appeal.
DISCUSSION
I.
The only issues on appeal concern the trial court's award of costs to SI. Plaintiffs argue we should review the issue of the apportionment of costs among them as an issue of law on undisputed facts subject to de novo review. We agree. "` e novo review of . . . a trial court order is warranted where the determination of whether the criteria for an award of attorney fees and costs in this context have been satisfied amounts to statutory construction and a question of law. [Citations.]' (Carver v. Chevron U.S.A., Inc. (2002) 97 Cal.App.4th 132, 142 [118 Cal.Rptr.2d 569].)" (Baker-Hoey v. Lockheed Martin Corp. (2003) 111 Cal.App.4th 592, 596; see also Smith v. Rae-Venter Law Group (2002) 29 Cal.4th 345, 357 [independent review appropriate where issue involves the proper interpretation of a statute and its application to un
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