Krikorian Premiere Theatres, LLC v. Westminster Central, LLC

In a previous appeal by defendant Westminster Central, LLC (Westminster), we reversed a judgment for approximately $22 million in favor of plaintiff Krikorian Premiere Theatres, LLC (Krikorian). Although we affirmed the judgment with respect to Westminster’s liability for breach of lease, we held that, under the lease’s “sole remedy” clause, Krikorian’s recovery was limited to the reimbursement of its architectural fees— estimated at the time as somewhere between $7,000 and $20,000. We also awarded Westminster costs on appeal.

On remand, Westminster claimed costs on appeal totaling almost $2.6 million. The trial court awarded most, but not all, of this amount; it granted Krikorian’s motion to tax with respect to several claimed items (or subitems) of costs, including one for $944,263. Westminster appealed.

*1078 Meanwhile, Krikorian demanded $12,267.22 in architectural fees. Westminster promptly and happily paid, making a new trial unnecessary. The trial court entered a judgment that Krikorian “recover nothing” and that Westminster recover attorney fees. Krikorian appealed.

The only issue worthy of publication relates to the appealability of the order taxing costs.…