Judge: Lynne M. Hobbs, Case: 21STCV07504, Date: 2023-05-18 Tentative Ruling

Case Number: 21STCV07504    Hearing Date: May 18, 2023    Dept: 30

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CHRISTOPHER MICHAEL DOWDING vs HILARY SUSAN ROSE, et al.

21STCV07504

Motion to Tax Costs, by Plaintiff

Ruling:   Granted, in part. Fees associated with reserving the motion for summary judgment is taxed ($534).  The expert fee of $625 for Steven Donnel is taxed. The costs depositions and video recording are not supported and are taxed.  The court reporter fees are also taxed.   

Moving party to give notice.

Rationale:   

Under CCP1033.5(c)(2) allowable costs “shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” Only if the costs have been put in issue via a motion to tax costs must supporting documentation be submitted. (Bach v. County of Butte (1989) 215 Cal.App.3d 294, 308.)

Where a cost item does not appear proper and necessary on its face, the burden of proof is on the claimant to show the cost is appropriate. (Murphy v. F.D. Cornell Co. (1930) 110 Cal. App. 452, 454.) If the items appear to be proper charges, the burden is on the party seeking to tax costs to show they were not reasonable or necessary. (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761.) Where items are properly objected to as not reasonable or necessary, however, they are put in issue and the burden of proof is on the party claiming them as costs. (Id.) 

A review of court records shows that the Blue Defendants made one reservation and filed one motion on behalf of both Blue Defendants.  Thus one set of the reservation fees is duplicative and must be taxed.  Defendants have not shown how the deposition and video taping costs were warranted or reasonable given Plaintiff's objections. CCP 1033.5(a)(3).  The Court did not order the testimony of Steven Donnel and does not exercise its discretion to allow those costs. CCP 1033.5(a)(c)(11).There is no evidence that the court reporter fees are allowed by statute and so are taxed. CCP 1033.5(a)(14).