Judge: Robert B. Broadbelt, Case: 18STCV04560, Date: 2023-11-02 Tentative Ruling

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Case Number: 18STCV04560    Hearing Date: November 2, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Rick Foster a/k/a Eric Rubenstein   

RESPONDING PARTY:       Defendants Laura Rubenstein, as an individual, as trustee of the Edith Rubenstein Trust, and as executor of the Estate of Edith Rubenstein

Motion to Tax Costs

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiff Rick Foster aka Eric Rubenstein (“Plaintiff”) filed this action on November 9, 2018, against defendants Laura Rubenstein, as an individual, as trustee of the Edith Rubenstein Trust, and as executor of the Estate of Edith Rubenstein (“Defendants”).

On October 28, 2022, the court granted its own motion for judgment on the pleadings as to Plaintiff’s Complaint on the ground that the court did not have jurisdiction over the subject matter therein because Plaintiff’s causes of action were subject to the exclusive jurisdiction of the probate court.  (Oct. 28, 2022 Order, p. 2:7-9.)  Thereafter, on December 17, 2022, the court entered judgment of dismissal of Plaintiff’s Complaint.

On December 28, 2022, Defendants filed their Memorandum of Costs (on Judicial Council form MC-010), requesting $4,804.75 in costs.  Plaintiff now moves the court for an order taxing the costs requested in Item 16 for “Mediation, CourtCall, parking, mileage, parking, [and] courier” in the amount of $2,268.83.  (MC-010, p. 1, ¶ 16.)  In opposition, Defendants have withdrawn “their requests for mileage and parking” and now seek a modified award of costs in the amount of $2,168.75 for costs relating to mediation, CourtCall, and courier services.  (Opp, p. 2:6-9; Dorenfeld Decl., ¶ 4.)

“‘In ruling upon a motion to tax costs, the trial court’s first determination is whether the statute expressly allows the particular item and whether it appears proper on its face.  “If so, the burden is on the objecting party to show [the costs] to be unnecessary or unreasonable.”  [Citation.]  Where costs are not expressly allowed by the statute, the burden is on the party claiming the costs to show that the charges were reasonable and necessary.’”  (Rozanova v. Uribe (2021) 68 Cal.App.5th 392, 399; Foothill-De Anza Community College Dist. v. Emerich (2007) 158 Cal.App.4th 11, 29 [“Where costs are not expressly allowed by the statute, the burden is on the party claiming the costs to show that the charges were reasonable and necessary”].)  Because Code of Civil Procedure section 1033.5, subdivision (a) does not expressly provide for the recovery of costs expended for mediation, CourtCall, and courier services, Defendants are required to show that such costs were reasonable.  (Rozanova, supra, 68 Cal.App.5th at p. 399.) 

The court finds that Defendants have shown that (1) the mediation costs in the amount of $1,800.75, and (2) the CourtCall costs in the amount of $218 are reasonable in amount and were reasonably necessary to the conduct of the litigation.  (Code Civ. Proc., § 1033.5, subd. (c); Dorenfeld Decl., Ex. A [receipt showing $1,800.75 was paid for mediation]; Dorenfeld Decl., Ex. C [receipts showing $218 incurred for CourtCall fees for the appearances on October 31, 2019, August 6, 2019, February 26, 2021, and March 10, 2021]; Gibson v. Bobroff (1996) 49 Cal.App.4th 1202, 1209-1210 [award of mediation fees may be recoverable as reasonably necessary to the conduct of the litigation].)  The court therefore denies Plaintiff’s motion to tax those costs.  The court finds that Defendants have not shown that the courier fees in the amount of $150 were reasonably necessary to the conduct of the litigation and therefore grants Plaintiff’s motion to tax costs in that amount. 

Thus, the court orders that Defendants’ memorandum of costs shall be taxed in the total amount of $250.08, consisting of (1) $100.08 in parking and mileage costs, as withdrawn by Defendants in their opposition, and (2) $150 in courier fees.  (Dorenfeld Decl., ¶ 4.) 

ORDER

            The court grants in part plaintiff Rick Foster’s motion to tax costs as follows.

            The court orders that $250.08 in costs claimed by defendants Laura Rubenstein, as an individual, as trustee of the Edith Rubenstein Trust, and as executor of the Estate of Edith Rubenstein in Item 16 of their Memorandum of Costs (Judicial Council form MC-010), filed with the court on December 28, 2022, is stricken.

            The court therefore orders that defendants Laura Rubenstein, as an individual, as trustee of the Edith Rubenstein Trust, and as executor of the Estate of Edith Rubenstein are entitled to costs in the modified total amount of $4,554.67.

The court orders defendants to give notice of this ruling.

IT IS SO ORDERED.

DATED:  November 2, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court