Judge: Maurice A. Leiter, Case: 21STCV07298, Date: 2024-09-18 Tentative Ruling

Case Number: 21STCV07298    Hearing Date: September 18, 2024    Dept: 54

Hearing Date: September 18, 2024

Department 54, Judge Maurice A. Leiter

Motion to Tax Costs

Moving Party: Plaintiff Carrie Gallagher

Responding Party: Defendant City of West Covina

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 certain costs that are unreasonably high, not reasonably incurred, and not permitted by statute.

Plaintiff asserts Defendant’s “filing and motion” costs are unsupported by evidence and include improper messenger fees. In opposition, Defendant admits that it is exempt from filing fees as a government entity and represents that these fees are messenger and delivery fees of courtesy copies to the Court. The Court will not allow these costs. This department does not require courtesy copies, and messenger and delivery fees are not expressly recoverable as costs.

Plaintiff moves to strike deposition costs, subpoena service of process costs, and “witness fees” on the grounds that Defendant did not call these witnesses at trial and cannot recover a “witness fee” of $275.00 to a county employee. The Court will allow recovery of the deposition and subpoena costs but will tax the $275.00 fee paid to witness Kyle Clayton as a county employee under the Gov. Code. Defendant does not cite authority showing this cost is recoverable.

Plaintiff asserts that Defendant’s court reporter fees of $21,916.58 are twice as a high as they should be. In opposition, Defendant represents that the amount over $10,200.00 (half of the court reporter costs split between the parties) are for daily transcripts ordered during trial. These transcripts were not ordered by the Court and are not recoverable.

Plaintiff contends that $361.35 in enlargement of exhibit costs should be taxed because the exhibits were not used at trial. The Court will allow these costs; they are allowed under the relevant statutes.

Plaintiff moves to strike $156,158.54 in “other” costs that include, mock trial costs, jury selection costs, mileage and parking costs, and travel and lodging costs. These are not recoverable under the costs statutes; the Court will tax them.

Plaintiff’s motion to tax costs is GRANTED in part.