Judge: Nick A. Dourbetas, Case: 2018-01034460, Date: 2022-11-04 Tentative Ruling

Motion to Tax Costs

Defendant Charlie Duong’s motion to tax costs is GRANTED in part and DENIED in part.  (Code Civ. Proc., § 1033.5; Cal. Rules of Court, Rule 3.1700.)

The court orders plaintiff Maria Gonzalez’s memorandum of costs is taxed in the following amounts:

(1) Item No. 1: $190.15;

(2) Item No. 4: $2,059.00;

(3) Item No. 8: $23,029.00; and

(4) Item No. 16: $490.22.

Given the amounts taxed in Item Nos. 1 and 4, plaintiff’s judgment in the amount of $30,850.00, plus recoverable costs, but excluding expert witness fees (Item No. 8(b)) and prejudgment interest (Item No. 16), do not exceed her pre-trial settlement offer under Code of Civ. Proc., § 998. 

Accordingly, plaintiff is not entitled to recover expert witness fees or prejudgment interest.  (Stallman v. Bell (1991) 235 Cal.App.3d 740, 748 [“both pre- and post-offer costs should be added to the verdict to determine the amount of the judgment” to determine whether plaintiff obtained a more favorable judgment]; Steinfeld v. Foote-Goldman Proctologic Med. Group, Inc. (1997) 60 Cal.App.4th 13, 18 [prejudgment interest not included in determining whether the judgment is more favorable than pretrial settlement offer].)

Moving party shall give notice.