Legal Opinion

Perko's Enterprises, Inc. v. RRNS ENTERPRISES

California Court of Appeal

Decided March 5, 1992No. F015043PublishedCited by 16 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

STONE (W. A.), Acting P. J.

In the published portion of this opinion we will conclude Code of Civil Procedure 1 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…

2Cases cited19 opinions

  1. People v. WoodheadCalifornia Supreme Court · 1987
  2. Palos Verdes Faculty Ass'n v. Palos Verdes Peninsula Unified School DistrictCalifornia Supreme Court · 1978
  3. City of Sacramento v. DrewCalifornia Court of Appeal · 1989
  4. International Industries, Inc. v. OlenCalifornia Supreme Court · 1978
  5. Oak Grove School District v. City Title InsuranceCalifornia Court of Appeal · 1963

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3Cited by16 opinions

  1. Murillo v. Fleetwood Enterprises, Inc.California Supreme Court · 1998
  2. Garcia v. Hyster Co.California Court of Appeal · 1994
  3. Michell v. OlickCalifornia Court of Appeal · 1996
  4. Texas Commerce Bank v. GaramendiCalifornia Court of Appeal · 1994
  5. Baker-Hoey v. Lockheed Martin Corp.California Court of Appeal · 2003

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