Judge: Stephen I. Goorvitch, Case: 19STCV26668, Date: 2023-02-14 Tentative Ruling

Case Number: 19STCV26668    Hearing Date: February 14, 2023    Dept: 39

Lillibeth Navarro, et al. v. Bell Cab Company, Inc., et al.

Case No. 19STCV26668

Plaintiffs’ Motion to Tax Costs

            Plaintiffs Lillibeth Navarro, Victoria Lim, and Myla Lim (collectively, “Plaintiffs”) filed this action against Access Services (“Access Services” or “Defendant”), as well as three taxi companies, alleging violations of the Americans with Disabilities Act (the “ADA”), The Unruh Civil Rights Act, and the California Disabled Persons Act.  The Court granted summary judgment, following which Defendant Access Services filed a memorandum of costs for $9,974.47 consisting of costs as follows: (1) Filing and motions fees in the amount of $475.74; (2) Service of process costs in the amount of $850.35; (3) Deposition costs in the amount of $8,623.58; and (4) Other costs of $24.80.

            Plaintiffs argue that Defendant failed to advance supporting documentation with its memorandum of costs.  Defendant was not required to do so until Plaintiffs challenged its claimed costs.  (See Ladas v. California State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774-776.)  Defendant has now advanced supporting documentation.  (See Declaration of Tiffany Schneider, Exhibits A-C.) 

Plaintiffs also challenge specific costs: (1) Videographer costs of $2,481.50; (2) Interpreter costs for Myla Lim of $675; (3) Costs for a transcript of Hector Rodriguez’s deposition of $994.10; (4) Service of process costs of $850.35; and (5) The court reporter fee for the motion for summary judgment of $495.  Videographer costs are recoverable.  (Code Civ. Proc., § 1033.5, subd. (a)(3).)  Likewise, Defendant is entitled to recover the cost of the translator.  Although the deposition did not go forward, Defendant is entitled to recover the cancellation fee for the translator.  (Ibid.)  Defendant is entitled to recover for the cost of a deposition transcript.  (Ibid.)  The Court finds that these costs were reasonably necessary to the defense of this action.  (See Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 245.)  Courier costs are recoverable.  (Nelson v. Anderson (1999) 72 Cal. App. 4th 111, 132.)  Court reporter fees are recoverable as otherwise provided by law.  (Code Civ. Proc., § 1033.5, subd. (a)(11).)  Government Code section 68086 permits a prevailing party to recover costs “for the presence of a certified shorthand reporter[.]”  (Gov. Code, § 68086, subd. (d)(2).)

Based upon the foregoing, Plaintiffs’ motion to tax costs is denied.  Plaintiffs’ counsel shall provide notice and file proof of such with the Court.