McIntosh v. Target
Filed 9/6/06 McIntosh v. Target CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| TRACY McINTOSH, Plaintiff and Appellant, v. TARGET CORPORATION et al., Defendants and Respondents. | G036531 (Consol. with G036577) (Super. Ct. No. 03CC03742) O P I N I O N |
Appeal from a judgment and orders of the Superior Court of Orange County, Randell L. Wilkinson, Judge. Affirmed.
Tracy McIntosh, in pro. per., for Plaintiff and Appellant.
R. Derek Glassen and Todd A. Fuson, for Defendant and Respondent Target Corporation.
Tracy McIntosh appeals from trial court orders denying her attempt to recover costs she neither incurred nor paid in connection with her prior appeal in this case.[1] The court did not err, and we affirm.
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McIntosh originally sued Target Stores, a division of Target Corporation, for damages she sustained as a result of injury in a Target Store. Although McIntosh prevailed on the merits of her claim, the trial court awarded costs to Target, concluding Target's offer to compromise made pursuant to Code of Civil Procedure section 998 had exceeded the amount of McIntosh's judgment.
McIntosh appealed from that cost award, applying for permission to proceed in forma pauperis before this court, pursuant to Government Code section 68511.3 and California Rules of court, rule 985. We granted her application, and ordered a waiver of the usual fees, including the filing fee and the clerk's fee for preparing, certifying and transmitting the clerk's record on appeal.
McIntosh's appeal was successful, and we included in our opinion a standard provision stating â€
