Judge: Douglas W. Stern, Case: BC411681, Date: 2023-02-10 Tentative Ruling

Case Number: BC411681    Hearing Date: February 10, 2023    Dept: 68

Michael Zargar, et al. vs. Shabnam Messachi, et al., Case No. BC411681

Motion to Tax Costs

Background

            This motion was filed by Debtors on December 5, 2022, in response to the Memorandum of Costs served by Claimants on November 16, 2022. At the time they filed the Memorandum of Costs, Claimants were requesting $7,097.97.

            Debtors contend that Claimants’ Memorandum lacked sufficient information and specificity. In their opposition to Debtors’ motion to tax costs Claimants acknowledge that C.C.P. § 685.070 limits their recoverable costs to those incurred within two years of filing of their Memorandum of Costs and they have reduce their requested costs to $3,866.65 for the costs incurred between November 17, 2020, and November 16, 2022. (Gonzalez Decl., ¶¶ 9 and 11.)

            With their Opposition, Claimants provided further documentation of the requested costs and broke down the requested costs of $3,866.65 as follows: (i) photocopies in the collective amount of $126.64, (ii) service fees - those costs incurred for court/electronic filing fees in the collective amount of $293.15, (iii) postage in the collective amount of $111.78, (iv) Lexis electronic search fees in the collective amount of $3,384.68, and (v) parking while attending court hearings in the collective amount of $24. (Gonzalez Decl., at ¶ 10.)

            Debtors have not filed a Reply to Claimants’ Opposition.

Analysis

            The Supreme Court, in Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 100 [347 P.3d 976, 186 Cal.Rptr.3d 826], stated:

Code of Civil Procedure section 1032, subdivision (b) (Code of Civil Procedure section 1032(b)), guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” Code of Civil Procedure section 1033.5 limits recoverable costs to those both “reasonably necessary to the conduct of the litigation” and “reasonable in amount.” (Id., subd. (c)(2), (3).)

Costs are recoverable by the prevailing party. CCP § 1033.5 states, in pertinent part, that:

(a) The following items are allowable as costs under Section 1032:

(1) Filing, motion, and jury fees…

(13) Models . . . photocopies of exhibits, and electronic presentation of exhibits…

            (14) Fees for the electronic filing or service of documents…

(16) Any other item that is required to be awarded to the prevailing party pursuant to statute as an incident to prevailing in the action at trial or on appeal.

(c) An award of costs shall be subject to the following:

… (4) Items not mentioned in this section and items assessed upon application may be allowed or denied in the court’s discretion.

            Claimants’ reduced requested costs to those incurred within the two year period set forth in C.C.P. § 685.070.  The fees requested appear to be proper, with the exception of parking fees of $24. No authority had been provided to the Court to justify that cost.  It is not allowed. The balance of the claimed costs are proper. 

Debtors’ motion to tax costs is GRANTED IN PART. Claimants’ requested costs should be reduced from $7,097.97 to $3,842.65 for the costs incurred in the two years prior to filing the Memorandum of Costs.