Judge: Richard S. Whitney, Case: 37-2019-00070139-CU-MM-CTL, Date: 2023-07-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - July 27, 2023

07/28/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Medical Malpractice Motion Hearing (Civil) 37-2019-00070139-CU-MM-CTL JACOBS VS SHARP HEALTHCARE [E-FILE] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULINGS: DEFENDANTS SHARP HEALTHCARE AND SHARP REES STEALY

MEDICAL GROUP, INC.'S MOTION TO TAX AND/OR STRIKE COSTS is GRANTED.

DEFENDANTS SHARP HEALTHCARE AND SHARP REES STEALY MEDICAL GROUP, INC.

('Defendant') seeks to tax and strike costs. California Rules of Court, Rule 8.278 lists the allowable costs that are available in this case, which are: (A) Filing fees; (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; (C) The cost to produce additional evidence on appeal; (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.

Failure to file opposition to the motion indicates Plaintiff Valori Jacobs's ('Plaintiff') acquiescence that the motion is meritorious. (California Rules of Court, Rule 8.54(c).) '[I]f 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.) Defendant has properly objected to the claimed items for preparation of transcript ($1,287.00) and 'other' expenses for 'filing. evedentary [sic]. Research fee' ($2,174.22). Plaintiff fails to demonstrate the claimed costs are recoverable and/or not duplicative. The item for preparation of clerk's transcript or appendix is reduced to $325 (a reduction of $962) and the item for 'other' expenses for 'filing.

evedentary [sic]. Research fee' is stricken in its entirety. In total, the requested costs are reduced by $3,136.22.

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