Judge: H. Jay Ford, III, Case: SC129884, Date: 2023-03-09 Tentative Ruling

Case Number: SC129884    Hearing Date: March 9, 2023    Dept: O

  Case Name:             Andrews v. RA_Bar Beauty Incorporated, et al.

SUBJECT:                MOTION TO STRIKE OR TAX COSTS  

MOVING PARTY:   Defendants Whitney Olson, Kennedy Van Dyke and Audrey Rae Bond

RESP. PARTY:         Plaintiff Heather Andrews

TENTATIVE RULING

             Defendants Whitney Olson, Kennnedy Van Dyke and Audrey Rae Bon’s Motion to Strike or Tax Costs is GRANTED as to $435 in filing fees in Item 1.b and $5,484.32 in court ordered transcript costs in Item 9. Plaintiff concedes that these costs were improperly included.  Plaintiff also concedes there were certain items she failed to include in the worksheet in Item 12.a-12.c, but they were included in the summary.  Plaintiff submits additional invoices and evidence substantiating the amount requested in Item 12.  See Motion, Dec. of Barnes, Ex. B. 

            Defendants fail to establish that any of the remaining cost items were not reasonably necessary to the litigation or expressly disallowed under CCP §1033.5.  With respect to all other cost items, Plaintiff’s counsel’s verification is sufficient to establish that they were reasonably necessary to the litigation.  See Jones v. Cumrichob (1998) 63 Cal.App.4^th 1258, 1267.  Plaintiff was not required to present invoices or other documentation, unless Defendants demonstrated that the costs were unreasonable or unnecessary. Id.; Rozanova v. Uribe (2021) 68 Cal.App.5^th 392, 459 (burden is on the party claiming the costs to be unreasonable to show that they are unnecessary or unreasonable).  Defendants’ conclusory statements that the items were not reasonable or necessary are insufficient to satisfy this burden.  Plaintiff also submitted invoices and documentation in support of Items 2, 4 and 12.  See Motion, Dec. of K. Barnes, ¶¶2-3, Exs. A-C. 

            Defendants’ Motion to Tax or Strike is therefore GRANTED in the amount of $435 in filing fees in Item 1.b and $5,484.32 in court ordered transcript costs in Item 9 and DENIED as to Items 2 (jury fees), 4 (deposition costs) and 12 (court reporter fees).  Plaintiff is entitled to recover a total of $31,806.56 in costs.