Judge: Maurice A. Leiter, Case: 21STCV34560, Date: 2024-04-15 Tentative Ruling

Case Number: 21STCV34560    Hearing Date: April 15, 2024    Dept: 54

Hearing Date: April 15, 2024

Department 54, Judge Maurice A. Leiter

Motion to Tax Costs

Moving Party: Plaintiffs Jarett Jakarr Waddell, et al.

Responding Party: Defendant City of Burbank

T/R:      PLAINTIFFS’ MOTION IS GRANTED IN PART.

PLAINTIFFS 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.)

Plaintiffs move to tax certain deposition costs, court reporter fees, messenger/delivery fees, and mediation fees. Plaintiffs assert that $410.80 in deposition expedition fees, $225.00 in deposition cancellation fees, and $631.40 in late fees for payment of deposition costs are not reasonably necessary for litigation. The Court agrees. The costs are stricken.

Plaintiffs asks the Court to strike $550 in court reporter fees for the summary judgment hearing because Plaintiff already had obtained a court reporter. Plaintiff also requests that the Court strike $605 in court reporter fees for an unopposed ex parte. These costs are allowable under the statutes and were necessary for litigation.

The Court will allow Defendants to recover costs of mediation and delivery fees; they were necessary for the litigation.

Plaintiffs’ motion is GRANTED in part.