Judge: Maurice A. Leiter, Case: 20STCV04582, Date: 2023-08-11 Tentative Ruling

Case Number: 20STCV04582    Hearing Date: August 11, 2023    Dept: 54

Hearing Date: August 11, 2023

Department 54, Judge Maurice A. Leiter

Motion to Tax Costs

Moving Party: Plaintiff George Sharp

Responding Party: Defendants Los Angeles Turf Club, Incorporated and Los Angeles Turf Club II, Inc.

T/R:      PLAINTIFF’S MOTION IS GRANTED IN PART. DEFENDANTS’ EXHIBIT PRESENTATION COSTS AND MESSENGER FEES ARE TAXED.

PLAINTIFF 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, opposition, and reply.

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.)

Plaintiff moves to tax Defendants’ exhibit costs, court reporter fees, and messenger fees. Plaintiff asserts that $36,402.97 in exhibit presentation costs is excessive and not reasonably necessary. The Court agrees. As stated by Plaintiff, these costs break down to $9,100.74 per day of trial. This is excessive for a case in which only 11 exhibits were admitted into evidence by Defendants. The Court will tax these costs.

The Court finds the $5,293.33 in costs for court reporter fees reasonable and recoverable. The $696.25 in messenger fees are not specifically recoverable under CCP 1033.5; the Court will tax these costs.

Plaintiff’s motion is GRANTED in part. Defendants’ exhibit presentation costs and messenger fees are taxed.