Judge: Rafael A. Ongkeko, Case: BC697261, Date: 2022-12-09 Tentative Ruling

Note:
The court's tentative rulings, as posted, will not have the same formatting "look" as the court's original Word version.
A pdf version of the latter will be available in court to those appearing in person or by email upon request made to the clerk before the hearing for those appearing remotely. 
Dept. D contact information:
Email: samdeptd@lacourt.org.
Phone: (310) 255-2483

Case Number: BC697261    Hearing Date: December 9, 2022    Dept: D

12/9/22

Dept. D

Rafael Ongkeko, Judge presiding

Cabrera v. Saldana (BC697261)

Counsel for Plaintiff: Vardan Ksachukyan (YMPK Law Group, LLP); Ari Moss (Moss Bollinger, LLP)

Counsel for Defendant:  Peter Gates; Jasmine Ng (Gates, Gonter, et al.)

Plaintiff’s motion to tax costs (filed 11/8/22)

Tentative ruling:  

Defendant’s objection #1:  Overruled.

The motion is DENIED in part; GRANTED in part.  The court finds that Defendant’s second CCP § 998 offer (served 3/2/2020) was a valid offer at the time it was made.  Defendant’s postoffer expert witness fees, i.e., those incurred after 3/2/2020, are allowed.  Expert witness fees predating 3/2/2020 are stricken.  Defendant’s first 998 (served on 7/16/18, four months post-complaint) was premature and therefore unable to be reasonably and fairly evaluated given then-existing information.   

 As far as any objections to specific line items on the cost bill, Plaintiff does not contend (or prove) any particular cost item was unreasonable or unnecessary to the litigation.  Moreover, Plaintiff presents no evidence of his financial condition to allow the court to exercise its discretion to reduce or eliminate the 998 penalty.  However, because Items 8b(1)-(5) do not clarify whether the expert witness fees paid were incurred after 3/2/2020, the parties are ordered to meet and confer and submit a stipulation and proposed order consistent with this ruling which addresses all post-offer expert witness fees. 

The hearing is continued to ____________at 8:30 a.m. for that purpose.  No appearance is required unless the parties are unable to agree upon a stipulation.

 Unless waived, notice of ruling by Defendant.