Parties Lose at Trial, Appeal Decision on Costs Awarded and Lose Again

Kronick v Mackston – unpublished decision by California Appellate Court reported on February 10, 2014.

This case arose out of an alleged dog bite incident and subsequent confrontation between the parties at a private homeowners association park. Each side filed actions against the other alleging various claims for damages from the incident. There was a considerable amount of discovery (depositions) conducted in preparation for trial. One of the parties dismissed claims before trial and the case proceeded to a 6 day jury trial on the claims that remained. Both sides lost at trial and then each of the parties sought an award of costs as the prevailing party. Unhappy with the amount of costs awarded by the trial judge, the parties then appealed.