Judge: David A. Hoffer, Case: 30-2014-00700271, Date: 2023-08-28 Tentative Ruling

The Motion to Tax Costs, filed on 4/28/23 by Plaintiffs Santa Ana Police Officers Association and Corey Slayton (“Plaintiffs”) is GRANTED IN PART.

As a preliminary matter, the Motion claims that the Memorandum of Costs (“MOC”) filed by City of Santa Ana (“City”) was untimely, and thus should be stricken. But City has shown in response that its submission was timely in light of C.C.P. § 1010.6(a)(3)(B).  The Motion to Strike the MOC is therefore DENIED.

As for the specific sums at issue, the Motion asserts that some of the deposition costs claimed were already addressed in the prior federal action and thus cannot be recovered here. City responds that this was previously unknown to current counsel, but is now acknowledged, so that the sum claimed for Item 4 is  reduced to $935.  The Motion as to Item 4 is thus GRANTED, as to all but that $935 sum.

For Item 5, City has adequately shown that the sum claimed was reasonably incurred, and has provided documentary support. (ROA 834, Ex. 3.)  The Motion as to Item 5 is therefore DENIED.

For Item 14, City has adequately shown that the sums claimed were reasonably incurred, and has provided documentary support. (ROA 834, Ex. 4.)   The Motion as to Item 14 is therefore DENIED.  However, City’s belated effort to increase the sum claimed is rejected as untimely.

The total sum which City may recover on its MOC is therefore  $1,457.33 [i.e., $935 on Item 4, $170.93 on Item 5, and $351.40 on Item 14].

Counsel for Plaintiffs is ordered to give notice of this ruling.