Case Number: EC059615 Hearing Date: January 12, 2018 Dept: NCE

4. All Valley Auto Dealers, Inc. v. M&A Auto Sales

EC059615

Motion of plaintiff All Valley Dealer Auto Auction, Inc. to strike/tax costs:

The court has exercised its discretion to permit defendant an extension of time to file the memorandum of costs.

The court finds that defendant has established pursuant to CCP § 998(c)(1) that an offer to compromise made by defendant was not accepted and plaintiff failed to obtain a more favorable judgment.

Motion to tax costs is denied.

As for Item 4, Deposition Costs, the moving party fails to identify which witnesses’ depositions were not necessary, or why each of their depositions was not necessary or reasonable. The opposition submits evidence explaining the depositions were of franchise car dealers who sold the disputed vehicles through AVDA and that they necessary because AVDA refused to provide full information concerning the purported contractual losses associated with the disputed vehicles. The depositions resulted in documentary and other evidence used in preparation for trial.

As for Item 8, witness fees, the expert witness fees sought here are sought pursuant to CCP § 998, not CCP § 1032. No declaration or evidence is offered to support the claim the fees are not reasonable or necessary and the opposition submits a declaration explaining that the witness, Jack Cohen, was prepared to testify, if necessary, as a rebuttal witness. Plaintiff has failed to meet its burden. The court finds the fees claimed are reasonable in amount.