Judge: Gregory W. Alarcon, Case: 21STCV15739, Date: 2023-11-02 Tentative Ruling

Case Number: 21STCV15739    Hearing Date: November 2, 2023    Dept: 96

The court has read and considered the Plaintiff's motion to tax costs and the opposition.  After considering the papers, the court denies the motion to tax costs finding the 998 valid.

The court has read and considered the Plaintiff's motion for costs of proof and the opposition. The motion is denied.  The court finds that Defendant had a reasonable ground to believe that she would prevail on the matter on the issue of whether she caused the accident. Based on the timing of the request for admissions, 8 days after Defendant answered, the fact that the jury did not find Defendant was the sole cause of the accident, and the facts of the case - including  a witness - who was a passenger in Defendant's car, that testified Plaintiff caused the accident demonstrates Defendant was reasonable when she denied she was the sole cause of the accident.  Brooks v. American Broadcasting Co. (1986) 179 Cal. App. 3D 500, 511-512.  Finally, Defendant's expert, Isaac Ikram, provided credible evidence regarding Plaintiff's ability and subsequent failure to avoid the accident which Defendant could reasonably rely.  Therefore, the court finds Defendant made a good faith argument with a belief she would prevail.  Plaintiff's motion for costs of proof pursuant to CCP Section 2033.420(a) is denied.