Judge: Maurice A. Leiter, Case: 20STCV01460, Date: 2022-09-20 Tentative Ruling

Case Number: 20STCV01460    Hearing Date: September 20, 2022    Dept: 54

Hearing Date: September 20, 2022

Department 54, Judge Maurice A. Leiter

Motion to Tax Costs

Moving Party: Plaintiffs Shilo Mission Baptist Church, Inc., Barbara Wells, Tim Bell, Elnora Sims, Jeweline Johnson and Orita Murray

Responding Party: None

T/R:     PLAINTIFFS’ MOTION TO TAX COSTS IS GRANTED.

            PLAINTIFFS TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

The Court considers the moving papers. No opposition has been received.

Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.”  (CCP § 1032(b).)  “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.)

Plaintiffs move to tax Defendants’ costs for meals, travel and lodging, and expert fees. These costs are not permitted under CCP 1033.5. Defendants do not oppose this motion. Plaintiffs’ motion is GRANTED. Defendants’ costs are taxed by $11,064.78.