Judge: Maurice A. Leiter, Case: 20STCV24195, Date: 2023-09-26 Tentative Ruling

Case Number: 20STCV24195    Hearing Date: October 25, 2023    Dept: 54

Hearing Date: October 25, 2023

Department 54, Judge Maurice A. Leiter

Motion to Tax Costs

Moving Party: Plaintiff Larry Waldie

Responding Party: Defendant County of Los Angeles

T/R:      PLAINTIFF'S MOTION IS GRANTED IN PART AND DENIED IN PART.

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 court-ordered transcript costs, photocopy costs, process server fees, witness fees, jury fees, mediation fees, filing fees, and travel costs.

Plaintiff asserts that Defendant’s claimed filing fees, jury fees, and deposition transcript costs are higher than the attached invoices for these costs. Those costs are reduced by $1,590.32, $954.08, and $512.45, respectively.

Plaintiff state that Defendant’s photocopy costs are not trial photocopy costs and therefore are not recoverable. These costs are reduced by $1,557.75.

Plaintiff challenges witness costs on the ground that half the costs are for Defendant’s expert, which are not recoverable. These costs are reduced by $1,350.00.

Defendant seeks $13,188.21 in transcript costs, but the Court did not order any transcripts. These costs are stricken in their entirety.

The Court does not take issue with the travel costs or meditation fees. These were reasonably necessary to conduct the litigation.