Reinner v. Rowen
Filed 10/4/07 Reinner v. Rowen CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
RICHARD S. REINER et al., Plaintiffs and Appellants, v. ANDREW ROWEN et al., Defendants and Respondents. | B196071 (Los Angeles County Super. Ct. No. BC355769) |
APPEAL from an order of the Superior Court of Los Angeles County, Michael L. Stearn, Judge. Dismissed.
Howard Goodman for Plaintiffs and Appellants.
Richard J. Stall, Jr. for Defendants and Respondents.
Plaintiffs, Richard S. and Sandra Reiner, as trustees of the Reiner revocable trust, and Diane Fantl, have appealed after the demurrer dismissal of their complaint. Plaintiffs filed a request to dismiss their appeal before the commencement of any briefing. We asked the parties to brief the issue of costs on appeal. We conclude the interests of justice would best be served with each side to bear their own costs on appeal. The dismissal request was filed before any briefing occurred. According to plaintiffs counsel, post judgment events including a $2,109,628.87 payment to a receiver have rendered the case largely moot. This an appropriate case for all of the parties to bear their own costs on appeal. (Cal. Rules of Court, rule 8.276(a); Small v. Halls Furniture Defined Benefit Pension Plan (2000) 79 Cal.App.4th 648, 650.)
The appeal is dismissed. All parties are to bear their own costs on appeal.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
TURNER, P. J.
We concur:
ARMSTRONG, J.
KRIEGLER, J.
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