Judge: Kevin C. Brazile, Case: 20STCV10686, Date: 2023-02-16 Tentative Ruling

Hearing Date: February 16, 2023

Case Name: Lewis, et al. v. Reptile Factory, LLC, et al.

Case No.: 19STCV34940

Matter: Motion to Tax Costs

Moving Party: Plaintiff Maureen Lewis

Responding Party: Defendants Reptile Factory, LLC and Geovanni Solis

Notice: OK

Ruling: The Motion is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is an action relating to violations of the Labor Code.  

On August 11, 2022, during a bench trial, the Court granted the motions for judgment per Code Civ. Proc. § 631.8 of Defendants Reptile Factory, LLC and Geovanni Solis.

On August 24, 2022, the Court entered judgment in favor of Defendants.

On August 31, 2022, Defendants filed a memorandum of costs in the amount of $12,190.09.

Plaintiff Maureen Lewis now seeks to tax the following costs: (a) Item 5 – service of process - $100, (b) Item 12 – court reporter fees - $2,918.50, and (c) Item 14 – demurrer (12/4/19) - $13.55.

“If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary.  On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs.  Whether a cost item was reasonably necessary to the litigation presents a question of fact for the trial court and its decision is reviewed for abuse of discretion.”  (Ladas v. Cal. State Auto. Assn. (1993) 19 Cal.App.4th 761, 774.) 

The Court strikes the $100 service costs, which Defendants admit was erroneously included.

The Court will also strike the reporter costs because Plaintiff paid these costs.  

The Court will also, in the exercise of its discretion, strike the $13.55 in One Legal e-filing costs.

In sum, the Motion is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.