Judge: Jon R. Takasugi, Case: BC669038, Date: 2023-02-09 Tentative Ruling

Case Number: BC669038    Hearing Date: February 9, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendant’s motion to tax costs is DENIED.

On 11/4/2015, Plaintiff Cynthia Lopez filed suit against Kenneth Lopez. Plaintiff’s first amended complaint (FAC) alleges causes of action for: (1) defamation-libel; (2) defamation-slander; (3) intentional infliction of emotional distress; (4) negligent infliction of emotional distress; (5) malicious prosecution; (6) abuse of process; and (7) injunctive relief.

            Now, Defendant moves to tax costs.

Discussion

            Defendant seeks an order taxing the following costs:

-          Item 1: Filing fees totaling $775.00. Defendant requests that the Court allows only $390.00 as costs for filing fees.

-          Item 2: Preparation of Original and copies of Clerk’s Transcript or appendix in the amount of $100.00. Defendant requests that the Court disallows the entire amount.

-          Item 3: Preparation of Reporter’s Transcript in the amount of $2,774.16. Defendant requests that the Court disallows the entire amount.

-          Item 4: Printing and copying of Briefs in the amount of $635.00. Defendant requests that the Court disallows the entire amount.

-          Item 5: Production of additional evidence in the amount of $11.00. Defendant requests that the Court disallows the entire amount.

-          Item 6: Transmitting, filing, and serving record, briefs and other papers in the amount of $160.61. Defendant requests that the Court disallows the entire amount.

The Court addresses each item in turn.

            As to Item 1, Defendant argues that the actual fee for filing an appeal is $390.00. However, in opposition, Plaintiff contends that this is incorrect. Per the Superior Court of California, L.A. County, Civil Fee Schedule, line 214, “Appeal or cross appeal to court of appeal (payable to the Court of Appeal) is $775” per “Code/Sections GC68926, GC 68926, 1(b).” Plaintiff also submitted a copy of the filing fee check for $775.00. Accordingly, the Court finds this cost recoverable.

            As for Item 2, Defendant argues that Plaintiff electronically filed her Appendix and thus is not entitled to recover fees incurred preparation of a clerk’s transcript. However, per the Los Angeles County Superior Court Civil Fee Schedule, Item 215, a mandatory $100 payment is required for the “preparation of a clerk’s transcript (payable to the Superior Court) (charged when notice of appeal to court of appeal is filed under GC 68926).” (Boone Decl. at ¶8, Ex 4.)  This fee is not waived if documents are electronically filed. Accordingly, the Court finds this cost recoverable.

            As for Item 3, Defendant argues that Plaintiff is not entitled to recover the cost for preparing reporter’s transcripts because CCP section 1033.5(a) only provided for recovery of transcripts ordered by the Court. However, as noted by Plaintiff, CCP section 1033 pertains to costs which are allowable to parties prevailing at trial or in dismissing an opponent’s action, not to costs on appeal. The governing rule for costs on appeal is CRC rule 8.278, which entitles a prevailing party to costs. Plaintiff incurred costs for the court reporters’ labor and production of certified transcripts, which were submitted on the record to the Appellate Court. As such, these costs were properly incurred and are recoverable.

            As for Item 4, Defendant argues that Plaintiff is not entitled to recover these costs because Plaintiff filed and served her briefs and appendix via electronic mail. However, as noted, CRC rule 8.278 entitles Plaintiff to cost on appeal. Costs incurred to print, copy, and serve briefs and other papers to pursue her appeal are reasonable and necessary to litigation and thus are recoverable.

            As for Item 5, Defendant argues that Plaintiff has not explained what this $11 charge is for and thus is not entitled to recover it. In opposition, Plaintiff submitted a redacted credit card billing statement showing that the charge is for the download of eleven pages of file-stamped documents from the Los Angeles Superior Court website necessary for the appellate record. (Boone Decl. at ¶14, Ex. 9.) Accordingly, the Court finds these costs were reasonable and necessary to litigation, and thus are recoverable.

Finally, as to Item 6, Defendant argues that Plaintiff is not entitled to recover these costs because Plaintiff electronically served her briefs and appendix. However, as noted, CRC rule 8.278 entitles Plaintiff to cost on appeal. Costs incurred to transmit, file, and serve records, briefs and other papers to pursue her appeal are reasonable and necessary to litigation, and thus are recoverable.

Based on the foregoing, Defendant’s motion to tax costs is denied. At this time, the Court declines to conclude that the motion was brought for the sole purpose of harassing Plaintiff or to grant sanctions on this basis.

It is so ordered.

Dated:  February    , 2023

   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. 

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