Judge: Ronald F. Frazier, Case: 37-2021-00014571-CU-BC-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2021-00014571-CU-BC-CTL AHMED VS BMW OF NORTH AMERICA LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike or Tax Costs, 02/21/2023

Plaintiff's Motion to Tax Costs is GRANTED IN PART. (ROA 116.) At the outset, it is the court's understanding Plaintiff was initially disputing Defendant's BMW of North America, LLC's right to recover costs in light of the procedural posture of the case at the time Defendants filed their memorandum of costs. Since that time, the court has granted Defendant BMW of North America, LLC's motion for summary judgment. As a result, Plaintiff is no longer disputing this Defendant's right to seek recovery of costs.

However, Plaintiff does challenge specific items within Defendants' memorandum of costs. Accordingly, contrary to Defendants' contention otherwise, the motion is not moot.

Where costs appear to be proper, the costs memo is prima facie evidence of such and the burden of proof is on the objecting party to show they were not reasonable or necessary. (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774-76.) Where the objection to the costs appears to be proper, the burden of proof is on the party claiming the costs. (Ibid.) As to item 1, (filing and motion fees), the motion is granted in part. Although Defendants claim to have incurred a $60.00 filing fee for an opposition to Plaintiff's ex parte, there is no filing fee for opposition papers. (Govt. Code § 70617.) As to item 4 (deposition costs), the motion is denied. The costs memo appears to be proper, and Plaintiff has not demonstrated these costs were not reasonable or necessary.

As to item 11 (court reporter fees), the motion is granted. Plaintiff's objection to these costs appears to be proper, and Defendants did not address why these costs were reasonably or necessarily incurred.

Defendants are awarded $6,416.45 in costs. The court notes there is a filed Judgment as to Defendant Sunroad BCV Auto Inc, but not as to BMW of North America, LLC. In the interest of clarity, Defendants are to submit a single proposed amended judgment with the costs award included therein.

The court orders the October 20, 2023 trial date VACATED.

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