Reinner v. Rowen
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.
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