Oppenheimer v. Moebius

• Court: California Court of Appeals
• Writing for the Court: SHINN
• Citation: Oppenheimer v. Moebius, 165 Cal.App.2d 659, 332 P.2d 181 (Cal. App. 1958)
• Decision Date: 03 December 1958
• Parties: John G. OPPENHEIMER, Plaintiff and Appellant, v. R. MOEBIUS, Jno. J. Suman, L. R. McIntire, F. G. Wakefield, Pacific Electric Railway Company, a corporation, Defendants. Pacific Electric Railway Company, a corporation, Respondent. Civ. 23149.

Page 181

332 P.2d 181

165 Cal.App.2d 659

John G. OPPENHEIMER, Plaintiff and Appellant, v. R. MOEBIUS, Jno. J. Suman, L. R. McIntire, F. G. Wakefield, Pacific Electric Railway Company, a corporation, Defendants Pacific Electric Railway Company, a corporation, Respondent.

Civ. 23149.

District Court of Appeal, Second District, Division 3, California.

Dec. 3, 1958.

John G. Oppenheimer, in pro. per.

E. D. Yeomans, Walt A. Steiger, Los Angeles, for respondent.

SHINN, Presiding Justice.

Upon a former appeal by plaintiff in this cause, 151 Cal.App.2d 818, 312 P.2d 314, one of the defendants, Pacific Electric Railway Co., a respondent on the appeal, prevailed and became entitled to costs on appeal under Rule 26(c), Rules on Appeal, consisting of the reasonable costs of printing or reproduction of briefs by other process of duplication. Pacific Electric filed a cost bill for $93.18 as the amount of debt it incurred and paid for the printing of a brief. Plaintiff moved to tax costs upon the ground that the charges of the printer were unreasonably high and the expense was not necessarily incurred. In support of the motion plaintiff filed his affidavit by which he averred that the reasonable cost of the brief of the respondent was $40 which was the prevailing rate in the printing industry when the brief was printed. In opposition to the motion, the respondent filed an affidavit of Robert M. Parker, Jr., president and general manager of the firm of Parker & Son, Inc., the printer of the brief. The general tenor of the affidavit was that the charge, which included $3,58 sales tax and 20cents postage, was at the customary rate and was reasonable. Plaintiff's motion was denied...