LINE: 1 17-CIV-03232 PATRICK GALLIGAN VS. DIANNE ARANCIBIA, ET AL.

PATRICK GALLIGAN DIANNE ARANCIBIA
JENNIFER A. BECKER JONATHAN MADISON

MOTION TO TAX COSTS BY DIANNE ARANCIBIA TENTATIVE RULING:

Defendant’s Motion to Tax the videotaping portion of deposition costs is denied. The motion offers no evidence of how much less, if at all, the videographer would have charged if “high end” equipment was not used. Further, Defendant presents no evidence that the Court implied that use of video at trial was not reasonably necessary or helpful. (The motion is not supported by any declaration.)

The Motion to Tax costs for electronic filing (Item 14) is granted in the amount of $1,404.00. This Court does not require and did not order electronic filing. (Code of Civ. Proc. §1033.5, subd. (a)(14).)

The Motion to Tax costs of hotels (Item 16) is granted. Counsel’s explanation for staying at a hotel and for the room rates is accepted. (Decl. of Becker ¶8.) The costs are disallowed, however, because they were not reasonably necessary or helpful for trial. The hotel costs benefited Plaintiff, but no one else. Counsel’s traveling to and from Moraga each day likely would have resulted in fees exceeding the cost of a hotel room. Plaintiff should bear this expense since only Plaintiff benefited from it. Item 16 is taxed in the amount of $2,483.52.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.

June 11, 2019 Law and Motion Calendar
PAGE 3 Judge: HONORABLE SUSAN GREENBERG, Department 3 ________________________________________________________________________
9:00 LINE: 2 17-CIV-03232 PATRICK GALLIGAN VS. DIANNE ARANCIBIA, ET AL.

PATRICK GALLIGAN DIANNE ARANCIBIA
JENNIFER A. BECKER JONATHAN MADISON

JOINDER IN DEFENDANT DIANNE ARANCIBIA’S MOTION TO TAX COSTS BY S. SHELDON SCHREIBERG AND GROVE STREET MANAGEMENT TENTATIVE RULING:

Defendant S. Sheldon Schreiberg and Grove Street Management’s Joinder in Defendant Arancibia’s Motion to Tax Costs is denied.

The Joinder is untimely filed only eight court days before this hearing. (Code of Civ. Proc. §1013.)

Further, the joinder serves no purpose; it merely summarizes Defendant Arancibia’s Motion to Tax and offers no additional argument. With or without the joinder, the Court’s ruling on the Motion to Tax affects all defendants in the same manner. The Judgment awards costs against each defendant “jointly and severally.” (Judgment at 3:19.) Thus, the costs awarded against Defendants Schreiberg and Grove Street Management would be the same whether or not they joined in this motion.

Defendants Schreiberg and Grove Street Management contend that filing their joinder would “conserve the parties’ resources” and “allow the matter to be decided for all parties at one time.” (Joinder P&A at 3:25-27.) This is untrue. Rather, unnecessary resources are consumed by the counsel’s drafting and filing of the joinder, the joinder’s taking up calendar space and the Court’s having to devote time to addressing the joinder. In the end, the ruling on the Motion to Tax would have been the same if they had filed no joinder.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.