Bond company liability 547

Premises liability is another area of San-Diego-Personal-Injury-attorney.com

Rossa v. D.L. Falk Construction, Inc. 53 Cal.4th 387 (2012) Cantil-Sakauye 7-0 Falk appealed judgment and posted bond as security on appeal. Bonding company required a standby letter of credit to secure bond, and Falk had to borrow money to obtain letter. San-Diego-Auto-Accident-lawyer Judgment reversed and Falk sought bond-related costs, including interest and other borrowing costs (>$100K). Rule of Court 8.278 allows “cost to procure a surety bond, including the premium and the cost to obtain a letter of credit as collateral.” Motion to tax costs granted, affirmed. [1] Rules governing costs are strictly construed. [2] A loan is a means to acquire assets to satisfy the judgment, while a bond and a letter of credit are a means to verify that assets are available to pay the judgment. Prevailing party entitled to costs of latter, not former.  San Diego personal injury attorney

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