Judge: Stephen I. Goorvitch, Case: 22STCV18983, Date: 2022-12-09 Tentative Ruling

Case Number: 22STCV18983    Hearing Date: December 9, 2022    Dept: 39

Dorchester Properties, LLC v. Shilah Maddalena

Case No. 22STCV18983

Motion to Tax Costs

            Plaintiff filed a motion to tax costs.  Plaintiff challenges Defendant’s claim for filing fees based upon Defendant having received a fee waiver, but the memorandum of costs does not include these fees.  Rather, there is a fee for $350 for service of process, which appears to be reasonable.

            Plaintiff also challenges a witness fee of $2,500.  As the prevailing party, Defendant is entitled to recover costs Defendant incurred to compel the attendance of witnesses at trial or deposition.  (Code Civ. Proc., § 1033.5, subd. (a)(7).)  However, this sum appears to be excessive, and there is no explanation or supporting documentation in the memorandum of costs.  Because Plaintiff’s objection is proper, the burden of proof is on Defendant.  (See Ladas v. California State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774-776.)  As Defendant does not advance supporting evidence in opposition, the Court strikes this cost.

            Based upon the foregoing, Defendant’s motion is granted and the Court taxes the witness fee of $2,500.  Plaintiff’s counsel shall provide notice and file proof of such with the Court.