Meyers v. Fitzgerald
This appeal arises out of an internecine dispute involving, among other matters, the allegedly improper approval of an increase in membership dues for the Santa Clara County Correctional Peace Officers Association, Inc. (CPOA), and the allegedly improper removal of CPOAs duly elected treasurer, Edward J. Meyers. Appellants[1] filed a complaint in the Santa Clara County Superior Court against various CPOA officers and members of its board of directors, as well as CPOAs attorney, and the matter was ordered to arbitration as required by the CPOA bylaws.
This appeal is taken from an order denying appellants motion to tax costs of $5,218.60. Appellants argue that, under Code of Civil Procedure section 1293.2,[3] the trial court could only have awarded costs incurred in association with confirming the arbitration award, rather than all costs incurred in the underlying litigation. Appellants also contend that the memorandum of costs was untimely. We find that respondents memorandum of costs was timely, but agree that the trial court erred in allowing costs other than those incurred in arbitration related judicial proceedings. Accordingly, Court shall reverse and remand.
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