Judge: Gregory W. Alarcon, Case: 19STCV40963, Date: 2023-01-18 Tentative Ruling

Case Number: 19STCV40963    Hearing Date: January 18, 2023    Dept: 96

Gomez, Jr. v. Caltrans 19STCV40963

Tentative Ruling in Motion to Tax and/or Strike Costs

After a jury trial involving an alleged accident where Plaintiff contended his vehicle was damaged by a Caltrans truck causing him personal injuries, the jury found for Defendant, finding no liability.  Defendant has filed a memorandum of costs of $53,566.94 based on the two 998 offers that were rejected. Both for $8,000 and a waiver of costs, filed on June 1, 2021, and on July 12, 2002.  Plaintiff filed a motion to strike costs.  The court has read and considered the moving papers and opposition and will rule as follows:

Defendant is the prevailing party and entitled to costs. Code of Civil Procedure Section 1032(b).  Based on a review of the evidence adduced at trial, the minimal vehicle damage consisting of scratches to Plaintiff’s car, and the conflicting evidence as to whether Defendant’s truck made any contact to Plaintiff’s vehicle, and the jury’s verdict in favor of Defendant, finding no liability, the court finds the offer of $8,000 and a waiver of cost was made in good faith.

Defendants are entitled to costs for the lawsuit in total, not just from the date of Defendant’s second 998.  (CCP Section 1032; Naser v, Lakeridge Athletic Club (2014) 227 Cal.App.4^th 571, 575.  The second 998 offer does not nullify a previous 998 offer. Martinez v. Brownco Constr. Co. (2013) 56 Cal.4^th 1014, 1025 )

The court will review the costs claimed that Plaintiff seeks to strike:

1.   Filing Fees: Defendant seeks to recover filing fees that were waived pursuant to Government Code Section 6103, not Government Code Section 68687(b).  The waived filing fees are taxed in the amount of $1,035.

2.   The deposition costs of parties, third party witnesses, the responding CHP officers, and experts. and the subpoenas duces tecum to obtain medical, insurance, and other information in the litigation was proper.  The motion to strike and/or tax is denied, and Defendants are entitled to the amount of $11,173.55.

3.   Service of process: These fees were reasonable and recoverable.  The motion to strike is denied and Defendants are entitled to the total amount of $360.00

4.   Expert Witness Fees: Defendants are entitled to all expert fees after the first 998 offer. The motion to strike/and or tax is denied, and Defendants are entitled to the total amount of $34,430.00

5.   Models, Enlargements, and Photocopies of Exhibits.  These fees were reasonable and recoverable.  The motion to strike/and or strike is denied, and Defendants are entitled to the total amount of $785.77.

6.   Electronic Filing or Service:  These fees were reasonable and recoverable.  The motion to strike is denied and Defendants are entitled to the total amount of $812.75.

7.   Other: Locating a Third Party listed in the Traffic Collision Report.  The fees were reasonable and recoverable.  The motion to strike is denied and Defendants are entitled to the total amount of $4,969.86.