LeCount v. Universal Limousine and Transportation

Case: LeCount v. Universal Limousine and Transportation Case No. CV2022-1429 Hearing Date: July 22, 2026 Department Thirteen 9:00 a.m.

Plaintiff Greg LeCount’s motion to tax costs is GRANTED IN PART, as follows:

1. The motion to tax expert fees ($25,450.00) is DENIED. Defendant Universal Limousine and Transportation has shown that the expert witness fees were reasonably incurred following the expiration of both defendant’s 998 offers and were “actually incurred and reasonably necessary in either, or both, preparation for trial...or during trial.” (Code Civ. Proc., § 998, subd. (c)(1); Code Civ. Proc., § 1033.5, subd. (a)(16); Angel Decl., ¶¶ 7, 17, 21-29, Exhs. D-G.)

2. The motion to tax models, enlargements, and photocopies of exhibits ($898.86) is GRANTED. These are discretionary costs. (Code Civ. Proc., § 1033.5, subd. (c)(4); Segal v. ASICS America Corp. (2022) 12 Cal.5th 651, 667-668.) Photocopying charges, except for exhibits, are not allowable as costs. (Code Civ. Proc., § 1033.5, subd. (b)(3).) Defendant fails to explain how copies of plaintiff’s deposition, plaintiff’s discovery responses, and plaintiff’s medical records regarding the facts of the accident were being made for preparing demonstratives or being used for trial exhibits. Thus, the Court cannot determine whether defendant is seeking allowable costs and if those costs were reasonable and necessary to the litigation. (Segal, supra, 12 Cal.5th at pp. 667; see Code Civ. Proc, § 1033.5, subd. (c); Angel Decl., ¶ 32, Exh. I.)

3. The motion to tax electronic filing fees ($687.69) is GRANTED IN PART. Plaintiff identifies an arithmetic error in calculation of the total amount of individual lines items listed on defendant’s memorandum of costs worksheet. (Memo. Pts. & Auths., p. 6 [“the individual line items listed in the worksheet total $683.69, not $687.69”].) Defendant does not oppose correction of the arithmetic calculation. (Opp., p. 9.) Accordingly, the Court adjusts the amount of requested electronic filing fees to $683.69. These are allowable costs, and plaintiff fails to demonstrate that the costs incurred were not reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., § 1033.5, subd. (a)(14); Angel Decl., ¶¶ 33, 36, Exh. K.)

4. The motion to tax Ontellus record subpoena charges ($17,307.69.) is DENIED. As an initial matter, plaintiff’s request to file a supplemental declaration from his counsel is denied. (Reply, p. 3.) These are allowable costs, and plaintiff fails to demonstrate that the costs incurred were not reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., § 1033.5, subd. (c); Naser v. Lakeridge Athletic Club (2014) 227 Cal.App.4th 571, 577-578; Angel Decl., ¶2, Exh. L.)

Therefore, the Court taxes defendant’s total costs in the amount of $902.86 and awards defendant costs in the amount of $50,296.80.

If no hearing is requested, this tentative ruling is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.

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