Judge: Barbara M. Scheper, Case: 21STCV25510, Date: 2022-12-20 Tentative Ruling

Case Number: 21STCV25510    Hearing Date: December 20, 2022    Dept: 30

Gallagher vs. Ygrene Energy Fund California, LLC, et. al., Case No. 21STCV25510

Tentative Ruling re: Plaintiff’s Motion to Tax Costs

Plaintiff Andrew Gallagher (Plaintiff) moves to tax the Memorandum of Costs filed by Defendant Ygrene Energy Fund California, LLC (Ygrene). The motion is granted in part. The Court taxes Ygrene’s Memorandum of Costs in the amount of $180.

A prevailing party in litigation is entitled as a matter of right to recover costs. (Code of Civ. Proc. §1032, subd. (b).) Under Code of Civil Procedure section 1033.5, subdivision (c)(2), allowable costs are only recoverable if they are “reasonably necessary to the conduct of the litigation.” Even mandatory costs, when incurred unnecessarily, are subject to section 1033, subdivision (c)(2). (Perko’s Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 245.)

Plaintiff argues that Ygrene’s Memorandum of Costs should be taxed in full because the Court previously denied Ygrene’s Motion for Attorney’s Fees and Costs. In denying Ygrene’s motion, the Court found that Plaintiff did not agree under the Unanimous Approval Agreement to indemnify Ygrene for attorney’s fees in an action between the parties. This is a separate issue from Ygrene’s right to recover costs under Code Civ. Proc. § 1032.

Because Ygrene is a defendant in whose favor dismissal was entered, Ygrene is entitled to recover costs in this action. (Code Civ. Proc. § 1032, subd. (a)(4).) Ygrene’s counsel has also properly verified the costs pursuant to Rule 3.1700, subd. (a)(1).

Plaintiff argues in the alternative that the Court should tax $180 in filing fees claimed by the Memorandum of Costs. Ygrene’s “Filing and Motion Fees” include three entries of $60 each for filing the Replies in support of Ygrene’s demurrers. Plaintiff notes that these fees are inconsistent with the Court’s fee schedule, and Ygrene has not submitted any documentation in support of these fees or contested Plaintiff’s argument. The Court therefore strikes the Memorandum of Costs in the amount of $180.