Judge: Mark H. Epstein, Case: 21SMCV01020, Date: 2023-02-22 Tentative Ruling

Case Number: 21SMCV01020    Hearing Date: February 22, 2023    Dept: R

The motion to tax costs is GRANTED IN PART AND DENIED IN PART.

Defendant obtained summary judgment and is therefore entitled to its costs.  Defendant submitted a timely cost memorandum and plaintiff timely moved to tax some of them.

All parties are entitled to their appearance fees.  The judgment was in favor of the defense; plaintiff recovered nothing from anyone.  Therefore, every defendant in the case who appeared is a prevailing party for purposes of costs.  That said, defendants agree that they inadvertently included some first appearance fees that were in fact not incurred.  Those should, of course, be taxed.  The amount of fees erroneously sought is $878.08, and the motion is GRANTED to that extent.

Plaintiff also claims that the amount of fees claimed exceeds the amount on the fee schedule.  The test is not the schedule; it is what fees were actually charged to the party.  Defendants’ cost memorandum is prima facie evidence of the fees actually paid, so the motion is DENIED to that extent.  The court notes that some of the additional charges relate to things like a credit card fee, which is not on the schedule but is properly recoverable.  Plaintiff also contends that there were too many depositions.  The court will not second guess defendants’ strategy as to what depositions needed to be taken.  Plaintiff also argues that the costs claimed exceed the Government Code transcript price.  But the transcript cost is not the reporters’ fee.  Thus, the motion is DENIED in these respects. 

However, defendants agree that they sought more in their depositions than the amount incurred, and thus a deduction of approximately $1800 is warranted.  The motion is GRANTED in that respect.

Defendant noted, however, that there is an additional cost of $478.65 based on a reporter fee that just became available.  The court is not confident that a cost can be added by way of an opposition to a motion to tax costs, and that amount will not be awarded.  The court also notes that the invoice date was December 19, 2022, so the court is unsure why it was not available.

Accordingly, the actual costs to be awarded amount to $8843.15.