Marriage of Terry CA2/6

DISCUSSION

Ordinary costs on appeal Kellie contends the trial court erred in awarding costs to Boake after prevailing in the first appeal. We disagree. Recovery of ordinary costs by a prevailing party on appeal is authorized by law. (Code Civ. Proc., §§ 1032, subd. (b), 1033.5, subd. (a), 1034, subd. (b); Cal. Rules of Court,2 rule 8.278(a)(1), (d)(1).) A trial court may rely on a verified memorandum of costs in awarding costs. (Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 858.) “If the items in a cost memorandum appear proper, the verified memorandum is prima facie evidence the expenses were necessarily incurred by the defendant. The burden of showing an item is not properly chargeable or is unreasonable falls on the objector.” (Ibid.) Here, Boake’s trial counsel timely filed a memorandum of ordinary costs on appeal in the superior court. (Rule 8.278(c)(1).)

2 Subsequent rule references are to the California Rules of Court.

3 She verified that the costs were “correct and were necessarily incurred in this case on appeal.” The memorandum requested, and the court ordered, costs of $837.20 for filing fees, transcript preparation, printing and copying of briefs, and…