San Diego City Firefighters, Local 145, IAFF, AFL CIO v. City of San Diego

Full title: SAN DIEGO CITY FIREFIGHTERS, LOCAL 145, IAFF, AFL CIO, et al.…

Court: California Court of Appeals, Fourth District, First Division

Date published: Jun 10, 2009

No. D054028 (Cal. Ct. App. Jun. 10, 2009)

Opinion

SAN DIEGO CITY FIREFIGHTERS, LOCAL 145, IAFF, AFL CIO, et al., Respondents, v. CITY OF SAN DIEGO, Appellant. D054028 California Court of Appeal, Fourth District, First Division June 10, 2009

NOT TO BE PUBLISHED

APPEAL from an order of the Superior Court of San Diego County No. 37-2007-00082936-CU-WM-CTL, Luis R. Vargas, Judge.

IRION, J.

The City of San Diego (the City) appeals from a postjudgment award of costs to Steve S. Choi and San Diego City Firefighters, Local 145, IAFF, AFL CIO (collectively Petitioners) after Petitioners prevailed in their petition for writ of administrative mandamus. The City argues that the trial court improperly awarded costs consisting of $817 in messenger fees. As we will explain, we reverse the award.

I

FACTUAL AND PROCEDURAL BACKGROUND

Petitioners prevailed in the trial court on their petition for writ of administrative mandamus, and thereafter sought an award of costs. The City filed a motion to tax costs, challenging, among other things, $998 in messenger fees claimed by Petitioners. Petitioners later reduced their claim for messenger fees to $817.00, and the trial court awarded messenger fees in that amount. The City appealed from the award of costs, arguing that the messenger fees should not have been awarded.

After the City filed its appeal from the award of costs, we considered the City's separate appeal from the judgment entered in favor of Petitioners, and we reversed. (San Diego Firefighters, Local 145, IAFF, AFL CIO v. City of San Diego (May 21, 2009, D053390) (May 21, 2009 opinion).) As a result of the May 21, 2009 opinion, Petitioners are no longer the prevailing parties.

II

DISCUSSION

The trial court awarded costs to Petitioners based on their status as prevailing parties, pursuant to Code of Civil Procedure section 1032, subdivision (b), which provides that "[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding."

Because Petitioners are no longer the prevailing parties, there is no longer a legal basis for awarding costs in their favor. Further, prior to our May 21, 2009 opinion, Petitioners filed a statement of non opposition to the City's appeal of the cost award, citing the small monetary amount at issue in this appeal.

Accordingly, we reverse the trial court's order awarding costs in favor of Petitioners.

DISPOSITION

The trial court's award of costs to Steve S. Choi and San Diego City Firefighters, Local 145, IAFF, AFL CIO is reversed.

WE CONCUR: McDONALD, Acting P. J., AARON, J.