Judge: H. Chester Horn, Jr., Case: BC671366, Date: 2023-03-20 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: BC671366    Hearing Date: March 20, 2023    Dept: I

NORA VNOUCSEK v. MARVIN LLOYD BENSON

BC671366

Ruling on Motion to Tax Costs

The defendant moves to tax the costs claimed by the plaintiff by reducing the request for witness fees , striking the request for pre-judgment interest, and striking the request for a court reporter fee.  The Court will deny the motion to reduce the witness fees and to strike the prejudgment interest,  the Court will strike the request for the Court Reporter fee.

                The motion argues that the claim for witness fees of $2400 is excessive because failed to produce a breakdown of the fees with Memorandum of costs.  However, in her Opposition, plaintiff provided established that the experts for which seeks recovery of costs in fact prepared and filed declarations admitted into evidence and relied on by the jury in entering judgment.  The Court finds evidence convincing and denies the motion to tax those costs.

                As to the prejudgment interest, the Court notes that Civil Code section 3291 states that when plaintiff’s recovery exceeds the amount of a C.C.P. sec. 998 offer, the award of prejudgment interest “shall bear interest at the legal rate of 10% per annum” from the date of the first offer.  That is a mandatory directive of the code.  [Smothers v. General Motors corp. (1^st Dist. 1995) 34 Cal.app.4^th 629.]  Accordingly, the Court declines to tax this cost

                As to the $40 Court report fee, the Court grants the motion because plaintiff did not address the issue in her opposition.

                Accordingly, the Court will allow costs in the amount of $11,755.07.  the Clerk will amend the judgment in that amount.