Judge: Richard S. Whitney, Case: 37-2018-00029707-CU-BC-CTL, Date: 2024-05-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 09, 2024

05/10/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2018-00029707-CU-BC-CTL YAKO VS KIA MOTORS AMERICA INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

DEFENDANT KIA AMERICA, INC.'S UNOPPOSED MOTION TO TAX COSTS is GRANTED.

Defendant KIA MOTORS AMERICA, INC. ('Defendant') seeks to tax Plaintiff EDDIE YAKO's ('Plaintiff') costs such that only $7,616.32 should be allowed. Defendant challenges some of Plaintiff's costs based on the assertion they were not reasonably necessary to the litigation.

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. 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.

(Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774.) 'An award of costs shall be subject to the following: ... (2) Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. (3) Allowable costs shall be reasonable in amount.' (Code Civ. Proc., § 1033.5(c)(2)-(3).) 'Once costs claimed in the memorandum are challenged via a motion to tax, '[d]ocumentation must be submitted' to sustain the burden.'' (Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1265 [Citation omitted.) Failure to file opposition to the motion indicates Plaintiff's acquiescence that the motion is meritorious.

(L.R. 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) Defendant has raised specific challenges to the cost items as being unreasonable, unnecessary, and/or unsubstantiated such that only $7,616.32 (of the $17,928.68 in costs requested) should be allowed. Plaintiff has not met Plaintiff's burden of proof to demonstrate the costs are reasonable, necessary, and/or substantiate. The unopposed motion is granted. The Court taxes the costs in the amount of $10,312.36.

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