Judge: Shirley K. Watkins, Case: 19STCV13678, Date: 2022-09-07 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 19STCV13678    Hearing Date: September 7, 2022    Dept: T

            [TENTATIVE] ORDER:  Defendant AHM Resicom, LLC’s Motion to Recover Post-Code of Civil Procedure section 998 Offer Costs is GRANTED in the amount of $5,483.35.

Introduction

Defendant AHM Resicom, LLC (Defendant) moves to recover post-Code of Civil Procedure section 998 offer costs.  Defendant requests $5,887.72.  Plaintiffs Rashyn Reynolds et al. have not filed an Opposition which was due on August 24, 2022.

            Discussion 

            The trial court may require a plaintiff, who does not accept a valid pretrial offer to compromise and then fails to obtain a more favorable judgment, to pay a defendant's reasonable post offer expert witness costs.  (Code Civ. Proc. sec. 998; Auburn Woods I Homeowners Association v. State Farm General Insurance Company (2020) 56 Cal.App.5th 717, 724.)  Further, Plaintiff is required to pay Defendant’s costs from the time of the offer.  (Code Civ. Proc. sec. 998(c)(1).)  Per the Judgment, Plaintiff did not obtain a more favorable judgment because the Judgment was in favor of Defendant.  Defendant’s post-offer costs, as well as, expert witness costs identified are reasonable.  Because there is no opposition to the motion, there is no dispute regarding Defendant’s requested relief or the reasonableness of the amount.

            However, “costs” awardable to defendant under Code of Civil Procedure section 998 are those costs itemized in Code of Civil Procedure section 1033.5.  (Code Civ. Proc. sec. 998(a) and Scott Co. of California v. Blount, Inc. (1999) 20 Cal.4th 1103, 1112-1113.)  Defendant’s request for postage is improper because it is a prohibited item unless it’s for exhibits.  (Code Civ. Proc. sec. 1033.5(b)(3).)  Motion for summary judgment ($51.20), mandatory settlement conference brief ($38.47) and trial documents ($102.37) are not exhibits.  Defendant’s costs for postage are stricken. 

            “The only travel expenses authorized by section 1033.5 are those to attend depositions. (Section 1033.5, subd. (a)(3).) Routine expenses for local travel by attorneys or other firm employees are not reasonably necessary to the conduct of litigation.”  (Ladas v. California State Automobile Association (1993) 19 Cal.App.4th 761, 775-76.)  Defendant’s requests for travel and parking ($70.61 x3) at trial are stricken.

            The motion for post-offer costs is GRANTED in the amount of $5,483.85. 

            IT IS SO ORDERED, ____________________ TO GIVE NOTICE.