Perko's Enterprises, Inc. v. RRNS ENTERPRISES
Opinion
Opinion
Acting, J.
In the published portion of this opinion we will conclude Code of Civil Procedure section 1033.5, subdivision (c)(2) authorizes a trial court to disallow recovery of a filing fee as a cost if the court determines the fee was not reasonably necessary to the litigation.
The Case and the Facts
I
Facts Leading to the Dispute
II
The Present Lawsuit
On August 1, 1990, Perko’s Enterprises, Inc., as franchiser, filed a verified complaint for damages for breach of contract and sublease against the franchisee, RRNS, a partnership, the four partners individually, and Does 1-20. That same day, it also made an ex parte application for a right to attach order against the funds held in escrow from the pending sale of the business between RRNS and Golden West Pancakes. The day before, the attorney for Perko’s, Thomas Nast, had notified the office of the attorney for RRNS, Lawrence Haun, of his intention to seek the ex parte attachment order. Haun appeared at the hearing to oppose the motion, which the court denied. At that time, Nast asked Haun to accept service of the complaint on behalf of RRNS. Haun declined. Haun then filed a notice of opposition to application for right to…