Plemon

Plaintiff, Robert Plemon (Plemon), appeals from an order granting defendant, Neal Nelson’s (Nelson), motion for order taxing costs after an arbitration award in plaintiff’s favor.

Facts

The facts giving rise to the arbitration award are, briefly summarized, as follows: Plemon is the owner of a certain 1968 Citabria aircraft. Plemon entered into a lease-back arrangement with Flight Ventures, a fixed base operator at Van Nuys Airport, in the business of renting airplanes to qualified pilots.

On April 11, 1973, Nelson entered into a rental agreement with Flight Ventures. On July 3, 1976, an accident occurred when Nelson was piloting Plemon’s plane pursuant to Nelson’s rental agreement with Flight Ventures.

On March 17, 1977, Plemon filed a complaint for damages to the aircraft based on Nelson’s alleged negligence. Nelson cross-complained for declaratory relief and attorney fees.

The case was eventually diverted to arbitration and tried before an arbitrator who made an award in favor of Flemón in the amount of $1,267.02. Thereafter, Flemón filed a memorandum of costs and disbursements claiming $5,747.50 in attorney’s fees as a miscellaneous item of cost pursuant to the…