Acosta v. City of Burbank 21STCV08556

Tentative Ruling

Plaintiff seeks to tax costs submitted by the City of Burbank.  It appears to be untimely, filed in the wrong department, and did not give Defendant adequate time to respond.

Nonetheless, Defendant did respond so the Court will rule. Plaintiff’s Objections to evidence offered by Defendants is overruled.

The Court having reviewed the papers, oppositions, and replies, will rule as follows:

Defendant’s prevailed after a jury trial after Defendants made a timely offer to compromise pursuant to Section 998(b).  Considering the facts of this case, the Court finds the 998 offer was valid.

Jury Fees: The Court will order jury fees to Defendant pursuant to CCP Section 1033.5(a)(1). Motion to strike costs are denied. 

Deposition Costs Should Be Awarded to the City. CCP Section 1033.5(3)(A) Motion to strike costs are denied.  The Court will hear additional arguments re the Court’s exercise of discretion regarding expediting transcripts.

Expert Fees: The Court will hear argument regarding whether the expert fees were incurred from the time of the 998 offer and the impact of Government Code Section 68092.5

Electronic Filing and Courtesy Copies:

Motion to tax denied.  CCP Section 1033.5(a)(14)

Cost of Mediation:   The Court will hear argument as to the basis for awarding costs of mediation.

Court Reporter Fees:  The Court will hear argument as to whether CCP Section 1033.5(a)(11) can apply to court reporter fees for motion work that occurred prior to trial.

Service of Process Fees.  Motion to tax denied. Code of Civil Procedure Section 1033.5(a)(4).