Teitelbaum Furs, Inc. v. Dominion Insurance

Appeal by plaintiff corporations from that portion of a judgment awarding defendants costs of suit and costs of appeal against Albert Teitelbaum, individually, who is not a party to the action.

*81 In this action to recover under contracts of insurance for losses allegedly arising out of a robbery, the jury returned a verdict for plaintiffs. The trial court granted defendants’ motion for new trial and denied defendants ’ motion for judgment notwithstanding the verdict. Plaintiffs appealed from the order granting a new trial and defendants appealed from the judgment. The Supreme Court reversed the order granting a new trial and directed the trial court to enter judgment for defendants. (Teitelbaum, Furs, Inc. v. Dominion Ins. Co., Ltd., 58 Cal.2d 601, 607 [ 25 Cal.Rptr. 559 , 375 P.2d 439 ].) The opinion of the Supreme Court concludes with this statement: “Defendants shall recover their costs on these appeals. ’ ’

Thereafter defendants moved for entry of judgment in accordance with the opinion and remittitur and further moved “to include as a person against whom judgment for costs shall be entered Mr. Albert Teitelbaum.” Defendants also filed a memorandum of costs on appeal…