Black v. Fireman's Fund Ins. Co. CA1/1

DISCUSSION

This is the fourth opinion we have issued in this case. We recite only the facts and procedural history necessary for the disposition of this appeal. The parties are familiar with the facts and history, and our opinion does not

1 meet the criteria for publication. (Cal. Rules of Court, rule 81105(c).)1 We thus resolve the case before us with an abbreviated written opinion with reasons stated. (Cal. Const., art. VI, § 14.) Fireman’s Fund sued Black for civil extortion and other causes of action over threats he made after he submitted an insurance claim that was denied. Fireman’s Fund ultimately dismissed its complaint with prejudice, but the litigation did not end because Black filed a cross-complaint. That part of the litigation also ended in Fireman’s Fund’s favor after the trial court granted the company’s request to dismiss the cross-complaint for failure to bring the case to trial within five years. This current appeal arises from an award of costs that Fireman’s Fund incurred over the course of the litigation. Three separate memoranda reflected costs incurred by the company in different phases. The first phase relevant to this appeal was marked by our opinion in…