Folb

Statement of Facts

This appeal is from an order after judgment awarding attorney fees and costs to defendant Stanley Folb (Folb) and against plaintiff Garfield Bank (Garfield). The underlying case was tried before Judge Alfred L. Margolis, judge of the superior court (retired), sitting on stipulation of both parties.

In its second amended complaint, the operative complaint, Garfield alleged causes of action for declaratory relief, breach of contract, fraud, negligent misrepresentation, and constructive fraud. Garfield sought damages, costs, attorney fees and declaratory relief determining the validity of the lease between Garfield and Folb for the premises known as 6464 Sunset Boulevard, Hollywood, California.

The trial court entered judgment in favor of Folb on all counts, Garfield appealed, and this court affirmed the trial court. After the trial court entered judgment in favor of Folb, Folb filed a motion of costs on or about April 23, 1992. Garfield filed a motion to tax costs along with supporting papers on or about May 19, 1992. After Folb filed its opposition and Garfield filed its reply to the opposition a hearing was held before Judge Margolis on November 10,…