Judge: Mark A. Young, Case: 21SMCV00814, Date: 2024-01-23 Tentative Ruling

Case Number: 21SMCV00814    Hearing Date: January 23, 2024    Dept: M

CASE NAME:           Solorio, v. Pastel, et al.

CASE NO.:                21SMCV00814

MOTION:                  Motion to Tax Costs

HEARING DATE:   1/23/2024

Legal Standard

In general, the “prevailing party” is entitled as a matter of right to recover costs for suit in any action or proceeding. (CCP § 1032(b); Santisas v. Goodin (1998) 17 Cal.4th 599, 606.) “Prevailing party” includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (CCP § 1032 (a)(4).)

            “Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (CCP § 1033.5(c)(2).) “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.” (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774.) 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. (Ibid.)

            Unless objection is made to the entire cost memorandum, the motion to strike or tax costs must refer to each item objected to by the same number and appear in the same order as the corresponding cost item claimed on the memorandum of costs and state why each item is objectionable. (CRC rule 3.1700(b)(2).) Any grounds not stated are waived. (Boyd v. Oscar Fisher Co. (1989) 210 Cal. App. 3d 368, 383.)

Analysis

            On December 14, 2021, Defendant Laurie Ann Pastel filed a memorandum of costs seeking $31,034.09 as follows:

1.     Filing and motion fees -                                              $2,149.75

2.     Jury fees -                                                                   $150.00

4.     Deposition costs -                                                      $2,116.34

11. Court reporter fees as established by statute -       $24,738.00

12. Models, enlargements, and photocopies of exhibits - $1,880.00

Item 1

Plaintiff objects to every entry under item one, except for the filing fees associated with the answer ($435.00) and the motions ($120.00). Plaintiff questions the remaining filing fees, such as those listed as $114.45. Plaintiff contends that such fees should be less than $20.00 each. Generally, filing and motion fees are allowable as costs. (CCP  1033.5(a)(1).) Allowable costs include fees for the electronic filing of documents through an electronic filing service provider, if a court orders electronic filing. (CCP § 1033.5(a)(14).) The burden is on the party challenging costs to show they were not reasonable or necessary. Plaintiff fails to demonstrate that the costs were not actually incurred, or were unreasonable in amount. In opposition, Defendant supplies invoices from a court approved electronic service provider. Plaintiff only speculates that each of item of costs should be less, but provides no evidence or authority on what the costs should be. Absent further argument or evidence from Plaintiff, the Court will not tax these costs.

Other costs

Plaintiff argues that the Court should strike half of all the other costs. Plaintiff reasons that the costs were incurred on behalf of two Defendants, and one was dismissed prior to the verdict, and therefore half of the cost was not necessary or reasonably incurred. Plaintiff posits no authority which would justify the arbitrary cutting of costs incurred simply because one defendant was dismissed prior to verdict. Therefore, the Court will not strike these costs.

Accordingly, the motion is DENIED.