Paul Horta vs Whitton Family Funeral Service

24CV-03458 Paul Horta vs Whitton Family Funeral Service

Motion to Tax Costs

Plaintiff’s motion to tax costs is GRANTED IN PART and DENIED IN PART.

Plaintiff’s motion to tax Item 4 is GRANTED IN PART. The Court finds the Luque deposition costs to be costs that are recoverable. The Court does not find that any “addons” were unreasonable and finds the costs were reasonably necessary to the conduct of the litigation. As to the travel expenses for the Luque deposition, it is conceded by Defendant that some claimed expenses cover meal costs that are not recoverable. Accordingly, the Court grants the motion to tax in the amount of $23.86, which is half the documented meal cost. The remaining costs are reasonable and necessary as the deposition was an out-of-town deposition.

Plaintiff’s motion to tax Item 5 is DENIED. Service of process costs are specifically allowable under Code of Civil Procedure section 1033.5, subdivision (a)(4).

Plaintiff’s motion to tax Item 11 is GRANTED IN PART. Government Code section 68086, subdivision (d)(2) allows the court reporter fees to be recoverable as taxable costs by the

prevailing party where the court does not have an official court reporter. Here, the Merced Superior Court Local Rules state that no official court reporter will be provided. (Local Rule, rule 1(M)(1)(b).) The Local Rules also state that the parties may arrange to have one and that the costs are recoverable. (Local Rule, rule 1(M)(1)(d); rule 1(M)(2)(b).) However, as conceded by Defendant, this erroneously included costs for the transcript. Accordingly, the request to tax costs is GRANTED in the amount of $106.63, which represents the transcript cost.

Plaintiff’s motion to tax Item 14 is DENIED. The court requires electronic filing. (Local Rule, rule 2(E)(1).)

Defendant is awarded total costs of $12,594.97.