Judge: Joel R Wohlfeil, Case: 37-2020-00020347-CU-MC-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 06, 2023

12/08/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Misc Complaints - Other Motion Hearing (Civil) 37-2020-00020347-CU-MC-CTL DOSSEGGER VS MERCURIO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 10/10/2023

1. The Motion (ROA # 251) of Defendants JOSH MERCURIO and ADAM PONAMAN ('Defendants') to recover on the $7,500.00 Temporary Restraining Order Bond posted by Plaintiff JODI DOSSEGGER ('Plaintiff') on August 12, 2020, is DENIED.

This Motion is procedurally improper because it cannot be heard until that appeal is finally determined.

'If a bond is given in an action or proceeding, the liability on the bond may be enforced on motion made in the court without the necessity of an independent action.' Code Civ. Proc. 996.440(a).

However: 'The motion shall not be made until after entry of the final judgment in the action or proceeding in which the bond is given and the time for appeal has expired or, if an appeal is taken, until the appeal is finally determined.' Id. at (b).

A notice of appeal was filed by Plaintiff on November 16, 2023.

This ruling is made without prejudice of Defendants' ability to re-make this motion after the appeal is determined.

_____ 2. The Motion (ROA # 255) of Plaintiff Dossegger ('Plaintiff') to tax costs, is GRANTED IN PART and DENIED IN PART.

The total recoverable costs are reduced from $2,770.04 to $1,318.63.

The basis for this ruling is set forth below.

Two copies of only one Memorandum of Costs were filed on October 10, 2023 (ROA #s 244 and 248), which seek costs that total of $2,770.04.

The filing and motion fees recoverable under Item 1 total $1,030.

The One Legal fees related to electronic court filings and service are also recoverable under Item 14 Calendar No.: Event ID:  TENTATIVE RULINGS

3034649 CASE NUMBER: CASE TITLE:  DOSSEGGER VS MERCURIO [IMAGED]  37-2020-00020347-CU-MC-CTL ('Fees for electronic filing or service'). Based on the invoices attached to Defendant's declaration, this recoverable cost item totals $162.54.

Item 12 includes the cost associated with 'models, enlargements, and photocopies of exhibits.' '... [A] prevailing party is not entitled to recover costs associated with preparing photocopies of exhibits and demonstratives under section 1033.5(a)(13) if the items were not presented to the trier of fact. The issue remains, however, whether the trial court in its discretion may award costs for such items under section 1033.5(c)(4).' Segal v. ASICS America Corp. (2022) 12 Cal. 5th 651, 665.

Given that most of the exhibit copies prepared by Defendants were not used at trial, the Court agrees that fifteen percent of the total is recoverable. The FedEx Office receipts attached to Defendant's declaration total $840.60. Thus, the recoverable amount is $126.09.

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3034649