Judge: Kenneth J. Medel, Case: 37-2019-00067083-CU-TT-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 30, 2023

12/01/2023  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Toxic Tort/Environmental Motion Hearing (Civil) 37-2019-00067083-CU-TT-CTL MIDLER VS CITY OF SAN DIEGO [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion to Strike or Tax Costs, 06/15/2023

Petitioner's Motion to Tax Costs is DENIED.

To recover a cost under Code of Civil Procedure § 1033.5, it must be 'reasonable in amount.' (Code Civ. Pro. § 1033.5(c)(3); Thon v. Thompson (1994) 29 Cal.App.4th 1546, 1548). Further, under the California Environmental Quality Act, '[I]n preparing the record of proceedings, the party preparing the record shall strive to do so at reasonable cost in light of the scope of the record.' (Pub. Resources Code § 21167.6). It is within the trial court's discretion to determine whether a cost is 'reasonable.' (Thon, supra, 29 Cal.App.4th at 1548).

Petitioner argues that a review of the paralegal billing log provided by the City reveals that the time spent preparing the administrative record was excessive and disproportionate to the relatively small record for this matter. The Billing Log reveals that the City's paralegal spent 142.8 hours, which is the equivalent of three and a half work weeks preparing the administrative record for this single family home matter.

The City responds that the City did not bill Petitioners for 143 hours of time as contended by petitioner, which would have been $11,262.99 at the paralegal's hourly rate of $79.32. The City only billed Petitioners for a fraction of that total, only seeking to recover 80 hours for a reduced total of $6,345.35.

According to the City, the paralegal spent over 142 hours on the matter, developing search parameters, reviewing thousands of documents, and certifying the record under penalty of perjury. Petitioners claim that number is excessive, but the City is only seeking reimbursement for a portion of that total at a rate of $79.32 per hour. The City indicates that the $6,345.35 amount is a significant discount from the City's actual labor cost and only accounts for 80 hours of work.

The Court finds that the hourly rate by the City's paralegal is reasonable. Further the Court finds that, based on the evidence submitted to the Court the amount of costs charged to the petitioner in this matter is reasonable.

Petitioners did not pay any costs toward the preparation of the administrative record, which they are required to submit. Petitioner chose that the City prepare the administrative record. The Code provides, the petitioner 'shall pay any reasonable costs or fees imposed for the preparation of the record of proceedings in conformance with any law or rule of court.' (Pub. Resources Code, § 21167.6(b)(1).) The final record in this matter consisted of 7,451 pages. The Declaration of Andrea Cruz-Oliva – the paralegal involved details the tasks involved. As an example, she states that reviewed 2,263 emails for exemptions, privilege, and responsiveness. Based on the declaration provided, the Court cannot find that the amount charged to petitioner is unreasonable.

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