Judge: Jon R. Takasugi, Case: 21STCV10865, Date: 2023-09-06 Tentative Ruling

Case Number: 21STCV10865    Hearing Date: January 18, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion to tax costs is DENIED.

On 3/19/2021, Kristopher Maltes and Carrie Maltes (collectively, Plaintiffs) filed suit against General Motors, LLC, alleging violations of the Song-Beverly Act.

Now, Defendant moves to tax Plaintiff’s costs.

Discussion

            Plaintiff claims $1,841.40 in costs. Defendant contends that $681.35 of these costs should be taxed.

            After review, the Court disagrees.

            There is no dispute that Plaintiff is the prevailing party, and thus is entitled to recover costs. (Civ. Code § 1794(d).)

            However, Defendant objects to the following costs:

(1)  $150.00 for “Jury Fees.”

(2)  $83.70 for “Witness List; Jury Instructions.”

(3)  $147.65 for “Preparation for Trial Binders”

(4)  $272.50 for costs associated with Plaintiffs’ Motion to Compel Further Discovery Responses and Reply in Support of MTC ($162.90) and their Motions in Limine ($109.60)

(5)  $27.50 in “Email re Settlement” costs for remote hearings.

As for Nos. 1-3, Defendant contends that the case did not go to trial, and thus these costs were unnecessary. However, Defendant made its 998 Offer on the day of trial. As such, if Plaintiffs did not pay the jury fees, they would have waived right to a jury trial. Similarly, they were obligated to prepare a witness list, jury instructions, and trial binders, in light of the timing.

As for No. 4, Defendant contends that these motion fees were optional costs. However, the Court partially granted Plaintiffs’ motion to compel, and given the timing of the 998 Offer, it was not unreasonable for Plaintiffs to file motions in limine.

As for No. 5, Defendant contends that “[h]earing attendance is a cost of doing business as an attorney and properly treated as overhead, and such a cost is not properly billable to Plaintiffs and therefore should not be billed to GM.” (7, 13-15.) However, Defendant does not adequately explain why this email from mediation explaining the settlement is overhead and was not necessary to the litigation.

Based on the foregoing, Defendant’s motion to tax costs is denied.

It is so ordered.

Dated:  January    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.