Judge Michelle C. Kim, Case 20STCV08853 2023-05-05 Tentative Ruling

Plaintiff Seyedeh Masoumeh Razavian (“Plaintiff”) filed this action against Defendant Los Angeles Unified School District erroneously sued as West Valley Occupational Center (“Defendant” or “LAUSD”) for injuries relating to Plaintiff’s slip and fall on Defendant’s property. On June 16, 2021, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) negligence, (2) premises liability, and (3) dangerous condition of public property. On August 30, 2021, Defendant’s demurrer to the SAC was sustained without leave to amend. On October 20, 2022, the Court of Appeal issued a remittitur directing that the order sustaining the demurrer be vacated and that a new order overruling the demurrer and reinstating the SAC be entered. Costs on appeal were awarded to Plaintiff. On January 26, 2023, Plaintiff filed a Memorandum of Costs on Appeal seeking to recover costs totaling $3,347.40.

On February 14, 2023, Defendant filed the instant motion to tax costs. Defendant seeks to strike the entirety of the costs claimed in Plaintiff’s memorandum. Any opposition to the motion was due on or before April 24, 2023. As of April 28, 2023, no opposition has been filed.

California Rules of Court, Rule 8.278(d)(1) states that a party may recover, if reasonable, the following costs for an appeal:

(B) The amount the party paid for any portion of the record, whether an original or a copy or both. The cost to copy parts of a prior record under rule 8.147(b)(2) is not recoverable unless the Court of Appeal ordered the copying;

(D) The costs to notarize, serve, mail, and file the record, briefs, and other papers;

(E) The cost to print and reproduce any brief, including any petition for rehearing or review, answer, or reply;

(F) The cost to procure a surety bond, including the premium, the cost to obtain a letter of credit as collateral, and the fees and net interest expenses incurred to borrow funds to provide security for the bond or to obtain a letter of credit, unless the trial court determines the bond was unnecessary; and

(G) The fees and net interest expenses incurred to borrow funds to deposit with the superior court in lieu of a bond or undertaking, unless the trial court determines the deposit was unnecessary.

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 Automotive Assoc. (1993) 19 Cal.App.4th 761, 773-774.) 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.) Whether a cost item was reasonably necessary to the litigation presents a question of fact for the trial court and its decision is reviewed for abuse of discretion. (Ibid.) However, because the right to costs is governed strictly by statute, a court has no discretion to award costs not statutorily authorized. (Id.) Discretion is abused only when, in its exercise, the court “exceeds the bounds of reason, all of the circumstances being considered.” (Ibid.)

Once proper objections are asserted, the burden of proof rests with the party seeking to recover its costs. (Ladas, supra, 19 Cal.App.4th at 774.) When items are properly challenged by a motion to tax costs and do not appear on their face to be proper and necessary, or if necessity is doubtful, the burden of establishing necessity is on the party claiming those items of costs. (Ibid.) “[T]he mere filing of a motion to tax costs may be a ‘proper objection’ to an item, the necessity of which appears doubtful, or which does not appear to be proper on its face. [Citation.] However, ‘[i]f the items appear to be proper charges, the verified memorandum is prima facie evidence that the costs, expenses and services therein listed were necessarily incurred by the defendant [citations], and the burden of showing that an item is not properly chargeable or is unreasonable is upon the [objecting party].’ [Citations.]” (Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131.)

Here, Defendant argues that Plaintiff fails to establish that the amounts claimed in the Memorandum of Costs on Appeal were actually incurred and that the costs are reasonable. Defendant contends that Plaintiff should be required to provide documentation in support of the amount requested as costs, and that Defendant’s deadline to file a motion to tax be calculated per the date of Plaintiff’s service of the supporting documentation. Defendant asserts that Plaintiff served only the summary page of the memorandum without the worksheet pages that itemize the costs, so Defendant cannot evaluate the reasonableness of the claimed costs. Defendant avers that without documentation showing that the costs were incurred on appeal, Defendant cannot determine whether the costs are reasonable.

Plaintiff’s memorandum of costs showing Plaintiff is claiming total costs of $3,347.40, which includes $875.00 for filing fees, $926.90 preparation of the original and copies of clerk's transcript or appendix, $1,390.00 for printing and copying briefs, and $155.00 for transmitting, filing, and serving of records, briefs, and other papers. Although Defendant contends that it cannot be determined that the claimed costs were actually incurred on appeal or that the costs are reasonable, Plaintiff does not oppose the motion or otherwise provide any evidence or argument showing the claimed costs are reasonable. Consequently, the Court cannot determine whether the costs were reasonable.

Per Defendant’s request, the Court orders Plaintiff to provide documentation or evidence supporting the reasonableness of the costs incurred on appeal. Plaintiff’s supporting documentation for the costs Plaintiff’s memorandum must be filed on or before ___________________. Defendant’s motion to tax costs based on the further documentation filed will then be due within 15 days, with the time for filing to be extended for method of service.

Hon. Michelle C. Kim

Judge of the Superior Court