Judge: Craig Griffin, Case: Allison vs. John Bean Technologies Corporation, Date: 2023-06-12 Tentative Ruling

The motion by Plaintiff Michele Leanne Allison to tax the costs sought by Defendant JBT AeroTech Corporation (“JBT”) in its Memorandum of Costs filed 2/15/23 is GRANTED in part an DENIED in part.

The right to recover costs of suit is determined entirely by statute. (Code Civ. Proc., § 1032 et seq.)  Unless otherwise expressly prohibited by statute, a prevailing party is entitled to recover costs as a matter of right. (Code Civ. Proc., § 1032, subd. (b).)  Code of Civil Procedure section 1033.5, subdivision (a) specifies cost items that are allowable, including filing and motion fees, deposition costs, and court reporter fees.  (Code Civ. Proc., § 1033.5, subd. (a)(3).) Allowable costs “shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subd. (c).)

The memorandum of costs consists of two items, each of which are discussed in turn below.

Filing and Motion Fees - $622.94:  These charges consist of the appearance fee and multiple fees relating to the motions filed in this action.  JBT submits copies of the invoices supporting the charges in this category.  These charges are reasonable, and the motion is DENIED as it relates to these charges.

Court Reporter Fees - $2,313.60:  Plaintiff argues in the motion that the charge for $913.60 was improper.  JBT states that the charge for $913.60 was for preparation of a transcript and concedes it should be taxed.  That leaves two $700 charges for recovery of fees charged by the court reporter for work done at the hearings on the demurrer on 8/8/22 and 2/1/23.  The minute orders on those dates show a privately retained court reporter attended both of the hearings remotely.  The invoices attached to Hembree’s declaration reflect charges of $700 for the 8/8/22 hearing and $899.60 for the 2/1/23 hearing.  Hembree states that JBT is only seeking recovery of $700 for the 2/1/23 hearing. The costs of $700 for each hearing are not unreasonable.  Based on the foregoing, the motion is GRANTED as to the $913.60 and DENIED as to the two charges for $700.

Accordingly, the motion is GRANTED as to $913.60 and DENIED as to the other costs.  This leaves a total of $2,022.94 in costs.

Counsel for moving party is ordered to give notice of this ruling.