motion to tax costs
The court vacates the 8/10/26 OSC and sets a status conference for 8/24/26 at 8:45am in Dept. C24. Defendant shall file his proposed Answer within 5 court days, and shall give notice.
305 Owens vs. Jones Plaintiff Paula Owens’ motion to tax costs is Covey Group, DENIED in part, and GRANTED, in part. Inc. Defendants Jones Covey Group, Inc. and Alberto Muniz’s costs shall be reduced by $23,013.79 and awarded the total amount of $134,895.70.
Entitlement to Costs. Plaintiff failed to obtain a more favorable judgment than Defendants’ valid and enforceable offer to compromise pursuant to Code of Civil Procedure section 998, and thus Defendants are entitled to all postoffer costs including reasonable expert witness fees. (See Code of Civ. Proc. § 998, subd. (c)(1); Chen v. Interinsurance Exchange of the Automobile Club (2008) 164 Cal.App.4th 117, 121.) Based on a reading of Defendants’ § 998 offer as a whole, the Court finds the conditional general release to be limited to the claims in this action and does not present a valuation problem or otherwise renders the offer fatality uncertain. (See Toste v. Calportland Const. (2016) 245 Cal.App.4th 362, 374; see also Sahagun Decl., Ex. B.)
Deposition costs (Item 4). These costs are expressly allowable by statute and Defendants have shown they were reasonably incurred. (See Code of Civ. Proc. § 1033.5, subd. (a)(3); see also Sahagun Decl. ¶¶ 41-50.) Plaintiff failed to meet her burden showing the costs were unreasonable or unnecessary.
Witness fees, court reporter fees, models, enlargements and photocopies (Items 8, 9, 12): Defendants agree to withdraw $23,013.79 in preoffer and transcript-related expenses. The remaining costs are allowable by statute and
Defendants have shown they were reasonably incurred. (See Code of Civ. Proc. § 1033.5, subd. (a)(11),(13), § 998, subd. (c)(1); see also Sahagun Decl. ¶¶ 62-145.) Plaintiff failed to meet her burden showing the costs were unreasonable or unnecessary.
Defendants shall give notice.
306 Sandlin vs. Before the Court is an unopposed motion to compel Prime arbitration filed by defendant Prime Healthcare Healthcare Anaheim LLC (Defendant) as to the Complaint filed Anaheim, LLC by plaintiff Charles Sandlin.
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Defendant’s motion to compel arbitration is GRANTED. (See Code Civ. Proc., § 1281.2.) Defendant met its burden to show a written arbitration agreement exists that covers plaintiff’s claims. (See Code Civ. Proc., § 1281.2; Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413; see also Robinson Decl., ¶4 & Exhs. A, B.) Moreover, in response to the motion Plaintiff states that he “consents to an Order compelling the parties to arbitration and stay this civil action pending the outcome of that arbitration.” (ROA 30.)
Plaintiff Charles Sandlin shall submit his claims against Defendant to binding arbitration pursuant to their agreement as set forth in Exhibits A & B to the declaration of Vanessa Labasan-Robinson.
This action is stayed pending completion of arbitration. (See Code Civ. Proc., § 1281.4.)
The 8/10/26 CMC is vacated. The court sets a status conference re binding arbitration for February 8, 2027 at 8:45 a.m. in Dept. C24.
Defendant shall give notice.