Judge: David A. Hoffer, Case: 30-2018-974769, Date: 2022-09-12 Tentative Ruling

On 5/19/22, Plaintiff Lori Lai (“Plaintiff”) filed a Memorandum of Costs (the “MOC”), claiming $4,760.97 in costs. Defendant Estate of Cheryl Griffin (“Defendant”) responded with this Motion to Tax Costs as to a portion of the sums claimed in Item 16: specifically, as to $3,000 of the $3,526.37 sum claimed for “Electronic presentation of exhibits and testimony.”

The Motion to Tax is GRANTED.  If items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. But, if items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774.) 

Here, Plaintiff has presented no opposition and has thus failed to meet her burden to demonstrate that the costs in dispute may be recovered and were reasonably necessary to the conduct of the litigation. The Motion is therefore granted as to the $3,000 sum challenged for Item 16, so that the total sum which Plaintiff may recover in costs is reduced to $1,760.97.

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