Judge: Maurice A. Leiter, Case: 20STCV38176, Date: 2025-02-24 Tentative Ruling

Case Number: 20STCV38176    Hearing Date: February 24, 2025    Dept: 54

Hearing Date: February 24, 2025

Department 54, Judge Maurice A. Leiter

Motion to Tax Costs

Moving Party: Defendant Ruben Fuentes

Responding Party: Plaintiff Ricardo Arrendondo

T/R:     DEFENDANT’S MOTION TO TAX COSTS IS GRANTED AS TO WITNESS FEES ONLY.

DEFENDANT 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 and opposition.

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.)

Defendant moves to tax the following costs: Item No. 4. Deposition costs in the sum of $ 1,927.99; Item No. 8. Witness fees in the sum of $ 11,880.00; Item No. 11. Court reporter fees in the sum of $ 10,954.33; Item No. 12. Models, enlargements, and photocopies of exhibits costs in the sum of $294.94; Item No. 14. Fees for electronic filing or service costs in the sum of $ 298.42; Item No. 16. Other costs in the sum of $ 60.00. Defendant asserts that these costs are not recoverable under CCP § 1033.5(b)(1).

The only costs listed by Defendant that is explicitly unrecoverable are Plaintiff’s expert witness fees. In opposition, Plaintiff asserts that the expert fees were necessary for litigation. The Court will strike these costs as they are not recoverable here.

Defendant’s motion to tax costs is GRANTED as to witness fees only.