Judge: Eddie C. Sturgeon, Case: 37-2020-00018662-CU-PO-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2020-00018662-CU-PO-CTL OFARRELL VS CITY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike or Tax Costs, 04/05/2023

Plaintiff Kerri O'Farrell, by and through her Guardian ad Litem, Sharon Justice's Motion to Tax Costs is GRANTED in part and DENIED in part.

Recoverable costs must be both reasonable in the amount and reasonably necessary to the conduct of the litigation. (See Code Civ. Proc., §§ 1033.5(c)(2), (3); see also Ladas v. California State Auto Ass'n, (1993) 19 Cal.App.4th 761, 775-776.) Once costs claimed are challenged via motion, sufficient and reliable documentation must be submitted to sustain the claiming party's burden. (Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1266.) 'A court has the obligation to ensure that only costs that are necessary and reasonable in amount are allowed to a prevailing party.' (Serrano v. Stefan Merli Plastering Co., Inc. (2008) 162 Cal.4th 1014, 1039.) The court is authorized to tax or strike costs which it concludes are not reasonably necessary. (Perko's Entertainment, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 245.) The City has sought to recover $44,464.49 in costs. The court is well aware that this matter was hotly contested by both parties. The court has reviewed the evidence and explanations provided by the City and finds that the costs requested were, in large part, reasonable and reasonably necessary to the conduct of the litigation. Thus, Plaintiff's motion is denied except with respect to: (1) $1,100 requested in reporter's fees; (2) $35 for e-filing fees related to the Motion to Deem Truth of Matters Admitted against Defendant Huerta; and (3) $950 for enhancement of surveillance video. After striking those costs, the City's total recoverable costs amount to $42,379.49.

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