McCluskey v. Hendricks CA2/2

Filed 7/16/24 McCluskey v. Hendricks CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

VERONICA MCCLUSKEY, B331457

Plaintiff and Appellant, (Los Angeles County v. Super. Ct. No. BC671735)

WILLIAM E. HENDRICKS, JR., et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County. Lia Martin, Judge. Affirmed in part, reversed in part, and remanded with directions.

Veronica McCluskey, in pro. per.; Law Office of Michael Mogan and Michael S. Mogan for Plaintiff and Appellant.

Miller Wanner, Kathrin A. Wanner and Kirsten E. Miller for Defendants and Respondents.

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Defendants and respondents William E. Hendricks, Jr., and Roxanne Hendricks and plaintiff and appellant Veronica McCluskey (McCluskey) were very briefly Airbnb cohosts in the rental of an apartment owned by defendants. When their relationship soured, this litigation ensued. After multiple motions and a trial, the trial court entered judgment in favor of defendants on McCluskey’s complaint and in favor of Mr. Hendricks on his cross-complaint against McCluskey. McCluskey appealed, and we affirmed the judgment in full. (McCluskey v. Hendricks (June 27, 2023, B318445) [nonpub. opn.].) Following the entry of judgment, the trial court awarded costs to defendants. McCluskey appeals, arguing that the trial court erred in denying her motion to tax certain categories of costs. We agree with defendants that court reporter fees are recoverable, but transcript preparation costs are not. Because it appears that the trial court awarded transcript costs in the lump sum of court reporter fees requested by defendants, the matter must be remanded for the limited purpose of determining the amount of recoverable court reporter fees. PROCEDURAL BACKGROUND1 Judgment was entered in favor of defendants and against McCluskey on December 3, 2021. Defendants timely filed a memorandum of costs. As is relevant to the issues in this appeal, defendants requested costs