August 17, 2010

Summary of August 11, 2010 conference report for civil cases

The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, August 11, 2010. The summary includes those civil cases in which (1) review has been granted (not including grant-and-transfers), (2) review has been denied but one or more justices has voted for review, (3) the Court has ordered depublished an opinion of the Court of Appeal, or (4) the Court has denied a Court of Appeal’s publication request.

Review Granted

Rossa v. D.L. Falk Construction, S183523—Petition for Review Granted—August 11, 2010

The issue is whether California Rules of Court, rule 8.278(d)(1)(F), which permits a successful appellant to recover “the cost to obtain a letter of credit as collateral” for a surety bond, allows the recovery of interest paid on sums borrowed to fund such a letter of credit.

The Court of Appeal, First District, Division Two, held in a published opinion, Rossa v. D.L. Falk Const., Inc. (2010) 184 Cal.App.4th 438, that interest on money borrowed to obtain a letter of credit to secure an appeal bond is not recoverable as part of the cost to procure the bond.

Review Denied (with dissenting justice)

None.

Depublished

None.

Court of Appeal Publication Request Denied

None.

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