Judge: Daniel S. Murphy, Case: 21STCV38516, Date: 2023-11-29 Tentative Ruling

Case Number: 21STCV38516    Hearing Date: November 29, 2023    Dept: 32

BACKGROUND

            On October 19, 2021, Plaintiffs Selvin Herrera and Allen Samuel filed this action against Defendant Broadway Elite, LLC, asserting causes of action for (1) declaratory relief, (2) recission, (3) breach of contract, (4) breach of the covenant of good faith and fair dealing, and (5) conversion.

            After a court trial on March 28, 2023, the Court granted judgment in favor of Defendant on April 21, 2023. On October 9, 2023, Defendant filed a Memorandum of Costs After Judgment (MOC), claiming $7,945 in costs.

            On October 27, 2023, Plaintiff Herrera filed the instant motion to tax costs. Defendant filed its opposition on November 14, 2023.

LEGAL STANDARD

 Code of Civil Procedure section 685.070 allows a judgment creditor to claim specified costs of enforcing a judgment. “Before the judgment is fully satisfied but not later than two years after the costs have been incurred, the judgment creditor claiming costs under this section shall file a memorandum of costs with the court clerk and serve a copy on the judgment debtor.” (Code Civ. Proc., § 685.070(b).) “Within 10 days after the memorandum of costs is served on the judgment debtor, the judgment debtor may apply to the court on noticed motion to have the costs taxed by the court.” (Id., subd. (c).)  

DISCUSSION

I. Duplicate Costs

            Plaintiff challenges the MOC on the grounds that it contains costs already awarded by the Court’s order granting Defendant’s motion for attorneys’ fees. Specifically, the billings provided by defense counsel show that Defendant is attempting to recover the cost of drafting and filing the attorneys’ fee motion. (See Baker Decl., Ex. A, pp. 1-2.) In its order granting Defendant’s motion for attorneys’ fees, the Court already awarded “fees incurred to bring forth this motion.” (June 26, 2023 Order at 3:13-15.) Therefore, the fees associated with the attorneys’ fees motion are duplicated in the MOC. The total fees associated with the attorneys’ fees motion are $1,214.63. (Baker Decl., Ex. A, p. 2.) These costs are stricken.

II. Unreasonable Costs

            Plaintiff also challenges the costs incurred on August 7 and 15, 2023 for “Prepare for ORAP” and “Judgment Debtor Hearing; Prepare Notice of Warrant and Hearing.” (Baker Decl., Ex. A, p. 7.) Defendant’s billing claims a total of 4.3 hours for these tasks at a rate of $400 per hour, or $1,720. (Ibid.) The Court finds the hourly rate of $400 to be reasonable, but the hours claimed are exaggerated given the simplicity of the tasks. The Court finds that Defendant reasonably spent 2 hours at a rate of $400 per hour, which is $800. Therefore, the costs are taxed in the amount of $920 ($1,720 - $800).   

CONCLUSION

            Plaintiff’s motion to tax costs is GRANTED in the amount of $2,134.63 ($1,214.63 + $920).