Wagner Construction v. Pacific Mechanical
This case is before us on a remand from the California Supreme Court. (Wagner Const. Co. v. Pacific Mechanical Corp. (2007) 41 Cal.4th 19, 32.) Pursuant to the mandate of the Supreme Court, the cause is remanded to the trial court to decide the issue of waiver. (Id. at p. 31.) In terms of costs on appeal, given the language in Freeman v. State Farm Mutual Automobile Ins. Co. (1975) 14 Cal.3d 473, 482 487 and Sawday v. Vista Irrigation Dist. (1966) 64 Cal.2d 833, 836 837, the position taken by defendant, as well as the trial court, was eminently reasonable. The interests of justice are best served by each side bearing its own costs on appeal.
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