Judge: Stephen I. Goorvitch, Case: 20STCV17447, Date: 2022-09-13 Tentative Ruling

Case Number: 20STCV17447    Hearing Date: September 13, 2022    Dept: 39

Roselyn Garcia v. Roy Medical Group, Inc.

Case No. 20STCV17447

Motion to Tax Costs

            Following trial, Plaintiff Roselyn Garcia (“Plaintiff”) filed a memorandum of costs, and Defendant Roy Medical Group (“Defendant”) moves to tax certain costs.  The Court rules as follows:

            1.         Expert Witness Fee – Plaintiff seeks to recover $2,500 in expert witness fees.  In an action under the Fair Employment and Housing Act (“FEHA”), the Court has discretion to award expert witness fees to the prevailing party.  (Gov. Code, § 12965(b).)  Therefore, the Court denies the motion with respect to this fee.

2.         Courier Costs – Defendant moves to tax costs of $315, which Plaintiff incurred for couriers.  These are recoverable costs.  (Nelson v. Anderson (1999) 72 Cal. App. 4th 111, 132.)  Plaintiff may recover these costs.

3.         Trial Expenses – Defendant moves to tax costs of $12,923.05, which were for “Trial Expenses incl. Court Rep., Parking, Mileage.”  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).)  However, Plaintiff’s counsel has not made clear what other “trial expenses” are included in this amount, and neither “parking” nor “mileage” is a recoverable cost.  Plaintiff’s counsel has not provided receipts or other documentation with the opposition.  Therefore, the Court taxes $6,923.05 in costs to ensure that only the court reporter fees are recoverable. 

4.         Miscellaneous Costs – Defendant moves to tax $100 Plaintiff incurred for photocopies and postage.  “Models and enlargements of exhibits and photocopies of exhibits may be allowed if they were reasonably helpful to aid the trier of fact.”  (Code Civ. Proc., § 1033.5, subd. (a)(13).)  Plaintiff does not specify whether the costs Plaintiff incurred were for photocopies Plaintiff used at trial.  Accordingly, Plaintiff cannot recover these costs.  Likewise, Defendant moves to tax $21.39 Plaintiff incurred for FedEx, which is expressly disallowed.  (Ripley v. Pappadopoulos (1994) 23 Cal. App. 4th 1616, 1627-1628.)  The Court taxes these costs totaling $121.39. 

5.         Conclusion and Order – Defendant’s motion to tax costs is granted.  The Court taxes $7,044.44 in costs.  Defendant’s counsel shall provide notice and file proof of such with the Court.