Judge: Nathan R. Scott, Case: Raijin Inc. v. United Studios FR, Date: 2022-12-16 Tentative Ruling

Plaintiff Anthony Cordero’s motion to strike/tax costs is granted in part. 

Defendants Musashi & Associates, Inc., United Shapiro Corporation, Matthew Mattera, and Matthew Shapiro’s memorandum of costs is taxed $996.47. 

Contrary to plaintiff’s contention, defendants are the prevailing party.  Plaintiff obtained no relief against them in arbitration or court; defendants instead obtained a judgment of dismissal.  (See Code Civ. Proc., § 1032, subd. (a)(4); see also 7/20/22 judgment.)

That said, defendants’ costs should be taxed by (1) $936.47 of Item 1, as defendants concede (see Opp. at p. 8), and (2) $60 of Item 1 (see Boss decl. ¶ 21, Ex. E [line item identified by Control No. 11764322, reflecting 3/31/22 charge for advancing a $60 motion filing fee].)  All other costs were reasonably necessary to the conduct of the litigation and are reasonable in amount.  (See Code Civ. Proc., § 1033.5, subd. (c).) 

Plaintiff’s primary challenge is to 3,067.44 of Item 16 for “Arbitration Costs/Fees (paid to JAMS).” 

On a motion to tax/strike costs, “[t]he court’s first determination . . . is whether the statute expressly allows the particular item, and whether it appears proper on its face.”  (Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131.) 

As defendants note, the statute allows recovery of “[i]tems not mentioned in this section . . . in the court’s discretion.”  (Code Civ. Proc., § 1033.5, subd. (c)(4).)  Defendant cites case law authorizing the prevailing party to recover arbitration fees.  (See Applegate v. St. Francis Lutheran Church (1994) 23 Cal.App.4th 361, 364 [citing Cobler v. Stanley, Barber, Southard, Brown & Associates (1990) 217 Cal.App.3d 518].)  Plaintiff cites no authority to the contrary, instead contending “JAMS refunded this amount to Defendants after the case was closed.”  (Mot. at p. 5.)  Defendants persuasively explain the refund was only partial, not reaching the $3,067.44.  (See Opp. at pp. 9-10.)

Defendants shall give notice.