Case Number: BC504375 Hearing Date: February 17, 2015 Dept: 73
2/17/15
Dept. 73
Rafael Ongkeko, Judge presiding

JASON, et al. vs. ALLEN GWYNN CHEVROLET, et al. (BC504375)

Counsel for defendants/moving parties Gwynn Chevrolet, Inc. and Nadjar: Steve Schwartz, et al. (Wallace, etc.)
Counsel for plaintiffs: Adam Reisner, et al. (Reisner, etc.)

Defendants’ motion to tax costs (filed 1/5/15)

TENTATIVE RULING:
Plaintiff’s objections (filed 2/11/15) to defendants’ reply: Overruled.
Defendants’ motion to tax plaintiff’s costs is granted in part, and denied in part as ordered below.

DISCUSSION:

Following a judgment pursuant to a CCP 998 acceptance, plaintiffs timely filed a memorandum of costs. Defendants Allen Gwynn Chevrolet, Inc. and Hossein Nadjar timely filed their motion to tax plaintiff’s costs. The court has considered all moving, opposing, and reply papers.

Motion to strike individual cost bill items:
The court allows the cost bill in its entirety, with the exception of the following items, which are taxed and disallowed as improper, unauthorized, not reasonably necessary, or unreasonable in amount (CCP 1033.5(c)(2),(3):

1. Filing and motion fees:
Strike motion fees re Bobby Vafa ($120) and $130 in messenger fees.
Disallowed total: $250.00
New total for Category 1: $430.00

2. Jury fees: Strike one-half of the posted fee ($75.00)
Disallowed total: $75.00
New total for Category 2: $75.00

4. Deposition costs:
All depositions- All costs allowable. Nothing to strike.

5. Service of process: Strike Bobby Vafa service costs. ($59.50) Allow all others.
Disallowed total: $59.50
New total for Category 5: $344.00

8. Ordinary witness fees: Strike all.
Disallowed total: $560.00
New total for Category 8: $ 0
9. Court-ordered transcripts: The court will allow the court reporter’s per diem appearance fee, but nothing else. Another judge presided on 2/27/14 when real-time was allegedly available, but this court has no information on that and therefore disallows this item on that particular invoice. Counsel are ordered to meet and confer regarding the allowed item and advise the court accordingly.
Disallowed total: TBD
New total for Category 9: $ TBD

13. Other: Strike all items. The total requested for this category in the memorandum of costs is $2,106.61. That amount is stricken in its entirety. None of the costs claimed are allowable, and, even if discretionary, are disallowed. Plaintiffs’ opposition shows only $1,331.04 in any event.
Disallowed total: $2,106.61
New total for Category 13: $ 0

Subtotal of disallowed items: $___________
Final total after motion to tax: $___________

Based on the foregoing, defendant’s memorandum of costs is stricken in part. The amount allowed and ordered is $ .

Unless waived, notice of ruling by moving party.