2014-00164694-CU-BC

John D. Tatro vs. Michael W. Tatro

Nature of Proceeding: Motion to Tax Costs

Filed By: Wohl, Christopher F.

Defendant’s motion to tax the costs of $7,718 claimed by plaintiff is DENIED.

Although the court has the authority to deny all costs sought by plaintiff pursuant to Code of Civil Procedure §1033(a) since the $1 plaintiff recovered could have been obtained in a limited jurisdiction or even a small claims action, the California Supreme Court has stated in Chavez v. City of Los Angeles that a trial court should consider two factors before exercising the discretion to deny an award of costs: (1) The amount of damages the plaintiff reasonably and in good faith expected to recover in the action and (2) the total amount of costs incurred by the plaintiff.

Upon consideration of these factors in connection with the facts and circumstances of this case, the court declines to exercise its discretion by categorically denying plaintiff an award all costs.