Judge: Gregory W. Alarcon, Case: 20STCV04631, Date: 2024-11-06 Tentative Ruling

Case Number: 20STCV04631    Hearing Date: November 6, 2024    Dept: 96

20STCV04631 WENDY VASQUEZ vs MIRIAM SUSAN EPSTEIN

Motion to Tax Costs

This case went to trial.  Prior to the trial, Defendant offered a 998 offer of $100,000.  The jury returned a verdict in favor of Defendant, with Plaintiff receiving nothing.  Considering this ruling of the jury and the 998, defendant seeks $116,381.12 in costs.  Plaintiff opposes.

The Court will go through each disputed item and rule:

First, the Court agrees with Defendant that they are entitled to recover of post offer costs as a prevailing party.  Code of Civil Procedure § 998.  The Court finds that the 998 motion was made in good faith and finds each item as follows:

1.      Filing and Motion Fees: $3,803.64.  The Court finds these costs are reasonable.

2.      Deposition Costs: $21,148.42 The Court finds these costs are reasonable.

3.      Deposition Costs: $8,046.00.The Court finds these costs are reasonable.

4.      Service of Process: $16,559.76. Plaintiff argues that obtaining medical records of $13,749 do not constitute service of process.  The Court would request argument on this issue and whether or not counsel can stipulate to removing this item from claimed costs.

5.      Expert Witness Fees: $71,465.75. The Court finds these costs are reasonable. Denied. CCP §998c1.

6.      Reporter’s Transcripts: $15,313.55 (not ordered by the Court.) Denied, Motion to tax for trial transcripts is granted. CCP § 1033,5(b)(5)

7.      Witness Fees: $249.83. The Court finds these costs are reasonable.