Howerton v. Izant
Filed 6/23/06 Howerton v. Izant CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Placer)
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HERMAN HOWERTON et al., Plaintiffs, Cross-defendants and Respondents, v. BERTRAM C. IZANT, Defendant, Cross-complainant and Appellant. | C049110
(Super. Ct. No. SCV15240)
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Herman and Jane Howerton (plaintiffs) prevailed in their partition action against Bertram Izant concerning a condominium unit in the Lake Tahoe area that the parties had shared for more than 20 years. Izant appeals, raising various challenges to the trial court's determination of the costs of partition.
We agree with one of Izant's claims: The trial court erred by including in the costs of partition plaintiffs' attorney fees incurred in responding to a cause of action in Izant's cross-complaint for â€