TENTATIVE RULING

Plaintiffs Deborah K. Davis and Richard F. Davis’s Motion to Strike or Tax Costs is GRANTED in part. Defendant Leslie Memsic, M.D.’s costs are TAXED in the amount of $26,570.45. In all other respects, Plaintiffs’ motion is DENIED. Defendant Leslie Memsic, M.D. is entitled to recover $123,026.30 in costs.

Plaintiffs Deborah K. Davis and Richard F. Davis to give notice. 

Plaintiffs Deborah K. Davis and Richard F. Davis (“Plaintiffs”) moves to strike Defendant Leslie Memsic M.D. (“Defendant”)’s costs in the amount of $144,641.72. Plaintiffs take issue with fees in the amount of $21,369.15 for deposition costs, $7,711.00 in service of process costs, $75,971.57 in expert fees, and court reporter fees of $39,590.00. Plaintiffs do not dispute that Defendant was the prevailing party in this action and that she is entitled to recover certain costs; rather, Plaintiffs argue that certain costs are unreasonable on their face, were not reasonably necessary to the conduct of the litigation, or are expressly not recoverable as a matter of law. The Court continued the hearing on this motion to require Defendant to substantiate the costs at issue and to allow Plaintiffs the opportunity to further object.

Deposition Costs and Expert Fees

Defendant seeks costs in the amount of $21,369.15 for deposition costs and fees associated with taking those depositions and $75,971.57 for expert witness fees. Depositions costs are allowable under Code of Civil Procedure section 1033.5, subdivisions (a)(3) and (b)(2); expert witness fees are recoverable only where that expert witness was ordered by the Court (see Code Civ. Proc., § 1033.5, subds. (a)(8), (b)(1)). Plaintiffs argue that Defendant is not entitled to recover fees for the depositions of Drs. Greils, Cohn, and Jenchura, as these were the parties’ experts, and the depositions were not court ordered. As to Dr. Greils, the $1,200 fee is not recoverable; as to Dr. Cohn, the $2,100.00 fee is not recoverable; and as to Dr. Jenchura, the $525.00 fee is not recoverable. Thus, Defendant’s deposition costs are TAXED in the amount of $3,825.

As to Dr. Dubrow, Plaintiffs argue that some of the fees are duplicative and excessive; for example, he reviewed the same materials in both May and July, and the rate for his testimony was too high. The Court finds it reasonable for an expert to review records more than once, particularly where the second review was just before appearing at trial, in an effort to be familiar with the records to provide reliable testimony. As to both Dr. Dubrow and Dr. Williams, Plaintiffs argue that the cost of the testimony is unreasonably high, but Plaintiffs provide no authority or evidence showing that a similar expert would have charged a lower price, i.e., the Court cannot conclude that this is not a reasonable price for experts of their experience and skill level. As to Dr. Dubrow’s travel fee of $5,000, the Court finds that this fee is unreasonably high given that Defendant was able to and did obtain a local expert, i.e., there is no basis to conclude that travel for one full day of testimony within southern California would cost $5,000. Accordingly, Defendant’s expert fees are TAXED in the amount of $5,000.

Service of Process Costs

Defendant seeks costs in the amount of $7,711.00 for service of process. Defendants points to the invoices from Ronsin, attached as Exhibit A to Defendant’s initial opposition to the motion. (See Notice of Errata dated Feb. 13, 2025, Ex. A.) Defendant has substantiated these costs, and they are allowable under Code of Civil Procedure section 1033.5, subd. (a)(4). Thus, Defendant is entitled to recover $7,711.00 for service of process costs.

Court Reporter Fees

Defendant seeks to recover $39,590.00 in court reporter fees, which is allowable under Code of Civil Procedure section 1033.5, subdivision (a)(11), as established by statute. Plaintiffs take issue with the fees insofar as Defendant did not ask Plaintiffs to split the fees in line with custom, and the attached exhibit appears to support this claim, as Defendant describes the cost of reporter fees for July 1 to 3 as “OUR PORTION,” while this does not appear in the other dates. Accordingly, the Court split the remaining $35,490.90 in half to allow Defendant to recover $4,100.75 for the first three trial days and to recover $17,745.45 for the remaining trial days. Accordingly, Defendant’s costs are TAXED in the amount of $17,745.45.

Conclusion

Plaintiffs Deborah K. Davis and Richard F. Davis’s Motion to Strike or Tax Costs is GRANTED in part. Defendant Leslie Memsic, M.D.’s costs are TAXED in the amount of $26,570.45. In all other respects, Plaintiffs’ motion is DENIED. Defendant Leslie Memsic, M.D. is entitled to recover $123,026.30 in costs.