Judge: Stephen I. Goorvitch, Case: 22STCV21819, Date: 2023-05-22 Tentative Ruling
Case Number: 22STCV21819 Hearing Date: September 6, 2023 Dept: 39
Beverly Watson v.
Crystal Stairs, Inc., et al.
Case No.
22STCV21819
Motions to Tax
Costs
[TENTATIVE ORDER #1]
Plaintiff’s counsel argues in his reply brief that under the Fair
Employment and Housing Act (“FEHA”), a prevailing defendant “shall not be
awarded fees and costs unless the court finds the action was frivolous,
unreasonable, or groundless when brought, or the plaintiff continued to
litigate after it clearly became so.” (Gov.
Code, § 12965, subd. (b); Williams v. Chino Valley Independent Fire Dist.
(2015) 61 Cal.4th 97, 115.) Plaintiff’s
counsel did not raise this argument in his moving papers, and the Court cannot consider
arguments first raised in reply briefs because the opposing party had no
opportunity to respond. Therefore, the Court
continues the hearings on the motions to tax costs to October 23, 2023, at 8:30
a.m. Defendants may file a surreply
brief addressing this issue. In
addition, if Defendants intend to argue that they are entitled to attorney’s
fees under FEHA, they may notice motions for attorney’s fees for October 23,
2023, at 8:30 a.m.
[TENTATIVE ORDER #2]
1. Motion to Tax Costs – Defendant Jackie
Majors
Plaintiff moves
to tax the following costs claimed by Defendant Jackie Majors: (1) Filing and
motions fees in the amount of $663.85, (2) Deposition costs in the amount of
$1,463.01, and (3) Courtesy copy costs in the amount of $314.87. Defendant opposes the motion with respect to
the following costs: (1) Filing and motions fees in the amount of $572.42, and
(2) Courtesy copy costs in the amount of $250.49. Defendant requests that the Court defer
ruling on the deposition costs until the case has concluded. Based upon the foregoing, the Court grants the
motion in part and denies the motion in part.
The Court orders Plaintiff to pay: (1) Filing and motions fees in the amount
of $572.42, and (2) Courtesy copy costs in the amount of $250.49. These costs shall be paid within thirty (30)
days. The Court denies the motion without
prejudice to Defendants seeking the remaining costs at the conclusion of the
litigation against Crystal Stairs, Inc.
2. Motion to Tax Costs – Defendant Kendall
Hirai
Plaintiff
moves to tax the following costs claimed by Defendant Kendall Hirai: (1) Filing
and motions fees in the amount of $628.56, and (2) Courtesy copy costs in the amount
of $232.59. Defendant opposes the motion
with respect to the following costs: (1) Filing and motions fees in the amount
of $539.58, and (2) Courtesy copy costs in the amount of $232.59. Based upon the foregoing, the Court grants the
motion in part and denies the motion in part.
The Court orders Plaintiff to pay: (1) Filing and motions fees in the amount
of $539.58, and (2) Courtesy copy costs in the amount of $232.59. These costs shall be paid within thirty (30)
days. The Court denies the motion without
prejudice to Defendants seeking any remaining costs at the conclusion of the litigation
against Crystal Stairs, Inc.
3. Motion to Tax Costs – Defendant LaTanya
Loughridge
Plaintiff
moves to tax the following costs claimed by Defendant LaTanya Loughridge: (1)
Filing and motions fees in the amount of $623.68, and (2) Courtesy copy costs
in the amount of $154.24. Defendant
opposes the motion with respect to the following costs: (1) Filing and motions
fees in the amount of $539.58, and (2) Courtesy copy costs in the amount of
$232.59. Based upon the foregoing, the Court
grants the motion in part and denies the motion in part. The Court orders Plaintiff to pay: (1) Filing
and motions fees in the amount of $539.58, and (2) Courtesy copy costs in the amount
of $154.24. These costs shall be paid
within thirty (30) days. The Court
denies the motion without prejudice to Defendants seeking any remaining costs
at the conclusion of the litigation against Crystal Stairs, Inc.
4. Plaintiff’s Counsel’s Additional
Arguments
Plaintiff’s counsel argues in his reply brief
that under the Fair Employment and Housing Act (“FEHA”), a prevailing defendant
“shall not be awarded fees and costs unless the court finds the action was
frivolous, unreasonable, or groundless when brought, or the plaintiff continued
to litigate after it clearly became so.” (Gov. Code, § 12965, subd. (b); Williams v.
Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 115.) Plaintiff’s counsel did not raise this
argument in his moving papers, and the Court cannot consider arguments first
raised in reply briefs because the opposing party had no opportunity to
respond. At the hearing, Plaintiff’s counsel withdrew this argument and waived
any appeal on this basis. Therefore, the
Court need not consider whether the claims against the individual employees
were frivolous, which might entitled Defendants to attorney’s fees, as well as
costs.
Plaintiff’s counsel also opposes
recovery of costs for courtesy copies. The Court finds that these courtesy copies
were reasonably necessary to the conduct of this litigation, and are recoverable. (Code Civ. Proc., § 1033.5, subds. (c)(2), (4);
Applegate v. St. Francis Lutheran Church (1994) 23 Cal.App.4th 361, 363.)