Judge: Matthew C. Braner, Case: 37-2022-00022061-CU-MC-CTL, Date: 2023-12-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 14, 2023

12/15/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Misc Complaints - Other Motion Hearing (Civil) 37-2022-00022061-CU-MC-CTL CASTANARES VS CITY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant City of San Diego's motion to tax costs is GRANTED.

Defendant concedes Plaintiff Arturo Castanares is the prevailing party, but move to tax Plaintiff's legal research costs (Item #16), in the amount of $844.69. The court agrees this item of costs is not recoverable.

'Fees for legal research, computer or otherwise, may not be recovered under section 1033.5.' (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 776.) The court is neither bound nor persuaded by Plaintiff's cited federal authority to support his request; California case authority is clear that legal research 'costs' are not recoverable. Moreover, even if the court did in fact have discretion to award such costs, it would decline to do so in this case.

Accordingly, Defendant's motion is granted; the request for $844.69 in legal research costs is stricken.

Plaintiff's memorandum of costs is authorized approved, and Plaintiff is awarded costs of $2,465.82.

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