Judge: Maurice A. Leiter, Case: 21STCV04275, Date: 2023-05-17 Tentative Ruling

Case Number: 21STCV04275    Hearing Date: May 17, 2023    Dept: 54

Hearing Date: May 17, 2023

Department 54, Judge Maurice Leiter

Motion to Tax Costs

Moving Party: Plaintiff Ebony Williams

Responding Party: Defendants Law Offices of Todd M. Friedman, P.C., Todd Michael Friedman, Esq., and Meghan Elisabeth George, Esq.

T/R:     PLAINTIFF’S MOTION TO TAX COSTS IS GRANTED 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 filing fees, deposition costs and models, enlargements, and photocopy costs. These costs are allowable under CCP § 1033.5(a). Defendants have presented evidence supporting the filing fees and deposition costs, but not the photocopy costs of $230.00. The Court will allow Defendants to recover their full amount of filing fees and deposition costs but strike the photocopy costs as unsupported.

Plaintiff’s motion is GRANTED in part.