WESCO INSURANCE COMPANY vs BANANA BLOSSOM, INC.
Motion to Tax Costs
Motion type
Parties
Ruling
22CV015552: WESCO INSURANCE COMPANY vs BANANA BLOSSOM, INC. 09/10/2026 Hearing on Motion to Tax Costs filed by Wesco Insurance Company (Plaintiff) CRS# 550707214684 in Department 517
Tentative Ruling - 09/03/2026 Keith Fong
Plaintiff Wesco Insurance Company moves to strike and/or tax costs as to the costs sought by Defendant Banana Blossom, Inc. set forth in the Memorandum of Costs filed on 3/18/26. The motion was filed on April 6, 2026.
However, on May 14, 2026, Plaintiff filed a Notice of Appeal as to the judgment entered in favor of Defendant on March 9, 2026.
The perfecting of an appeal stays proceedings in trial court upon the judgment or order appealed from or upon matters embraced therein and affected thereby. (Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 189.) The automatic stay protects the appellate courts jurisdiction by preserving the status quo until the appeal is decided. (Id.) Even when there is no automatic stay on appeal, the trial and appellate courts both have the power to issue discretionary stays. (Daly v. San Bernardino County Bd. of Supervisors (2021) 11 Cal.5th 1030, 1039.)
In the interests of judicial economy, the Court exercises its discretion to defer ruling on the fee motion until resolution of the appeal.
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BY EMAIL Send an email to the DEPARTMENT CLERK and all the other parties no later than 4pm (but by 22CV015552: WESCO INSURANCE COMPANY vs BANANA BLOSSOM, INC. 09/10/2026 Hearing on Motion to Tax Costs filed by Wesco Insurance Company (Plaintiff) CRS# 550707214684 in Department 517 Noon if possible) at least one (1) court day before the scheduled hearing.
BOTH ECOURT AND EMAIL notices are required.
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