Jewell

George R. Jewell and Charles Duck, trustee of the bankruptcy estates of George M. Jewell and Laura E. Jewell, (collectively, the Jewells), appeal from an order which, inter alia, denied their motion to tax costs for appeal bonds posted by respondent Bank of America National Trust and Savings Association (the Bank). We determine that the trial court did not abuse its discretion in allowing the appeal bond premiums as costs to the Bank, and affirm the order denying the Jewells’ motion to tax those premiums.

I. Factual and Procedural Background

The record before us contains only documents relating to the motion to tax costs. A complete description of the underlying litigation is set forth in Kruse v. Bank of America (1988) 202 Cal.App.3d 38 [ 248 Cal.Rptr. 217 ] (cert. den. (1989) 488 U.S. 1043 [ 102 L.Ed.2d 993 , 109 S.Ct. 870 ]), the appeal which led to the posting of the bonds involved in this proceeding. We rely upon the Kruse decision and uncontradicted statements in the briefs of the parties for a summary of the procedural history of this case.

Irene O’Connell Kruse and the Jewells each owned family businesses in the Sonoma County apple industry. In 1980, Kruse…