Judge: H. Jay Ford, III, Case: SC123554, Date: 2023-08-10 Tentative Ruling

Case Number: SC123554    Hearing Date: August 10, 2023    Dept: O

Case Name:               Hollywood Holistic Healers, Inc., et al.

SUBJECT:                            MOTION TO TAX COSTS

MOVING PARTY:   Defendant Rick Waters

RESP. PARTY:         Defendant/X-Defendant/Plaintiff-in-intervention Marc Epstein

TENTATIVE RULING

             Defendant Rick Waters’ Motion to Tax Costs is DENIED as to Item 9 for court ordered transcripts and GRANTED as to Item 16 for the fees of Bruce Andersen. 

            Waters moves to strike from Marc Epstein’s Memorandum of Costs:  (1) Item 9 for “court ordered transcripts” in the amount of $21,862.32 on grounds that the Court did not order any transcripts; and (2) Item 16 for “Other Fees for Bruce Andersen’s Accounting  Services” in the amount of $16,312.50 on grounds that Andersen is not a court-ordered expert witness nor were there any 998 offers made in the action. 

            Epstein argues the parties stipulated to share the costs of the court reporter for trial and that stipulation was reflected in the 5-19-23 minute order.  Epstein argues the court reporter costs were therefore court-ordered and expressly recoverable under CCP §1033.5(a)(9), “transcripts of court proceedings ordered by the court.”  Epstein also argues Bruce Andersen’s accounting is recoverable under CCP §1033.5(c)(4), which allows for recovery of costs not mentioned in the section at the discretion of the court. 

            Waters’ motion to strike the court reporter costs is DENIED.  In its 5-19-23 Minute Order, the Court memorialized the parties’ stipulation to divide the court reporter costs at trial equally.  The 5-19-23 Minute Order is sufficient to establish that the reporter was court-ordered.  Moreover, the Court indicated to the parties that a court reporter would be required due to the complexity and length of the trial.

            Waters’ motion to strike fees of Bruce Andersen is GRANTED.  Andersen was an expert witness who was not court appointed, nor was there a 998 offer that would have entitled parties to expert fees.  CCP §1033.5(b)(1) expressly excludes the “fees of experts not ordered by the court.”