Agnew v. Cronin

FOX, P. J.

Plaintiff brought an action for damages against John A. Cronin and others. (See

Agnew

v.

Cronin,

148 Cal.App.2d 117 [306 P.2d 527].) Thereafter plaintiff sought to take the deposition of defendant Cronin, during the course of which Cronin refused to answer certain questions. Plaintiff thereupon filed a petition for a writ of mandate to compel Cronin to answer the questions. This court granted the petition (see

Agnew

v.

Superior Court,

156 Cal. App.2d 838 [320 P.2d 158]) and ordered that plaintiff “shall recover his costs” (p. 841.) Plaintiff filed in this court, prior to the remittitur being issued, a request for allowance of his costs and damages, and that the judgment be modified so as to include such items. Cronin filed a notice of motion to tax costs. This court thereupon entered the following order: “Petitioner’s request to fix costs and respondent’s motion to tax costs, are denied without prejudice to the making of appropriate motions in the superior court in the case of

Agnew

v.

Cronin, et al.,

No. 65435.”

[156]

Thereafter Agnew filed in the trial court a memorandum of costs and damages claimed by him in the mandamus proceeding. This memorandum consists of 15 items totaling $652.50. Item 1 is fee for filing petition for writ of mandate, $7.50; Item 2, notary fee for verifying petition for writ of mandate, $.50; Item 3, service fee and mileage for serving copy of alternative writ of mandate on the superior court, $1.35; Items 4, 5, 6, 10, 11, 12, 14 and 15 cover charges for typing various papers and documents and copies thereof that were filed in connection with the mandamus proceeding; Item 7 represents notary public fee for typewriting citation to superior court re refusal of Cronin to answer questions at deposition hearing, $7.50; Item 8 is for “Legal advice and legal research work from attorney Wilbur F. Littlefield for his services concerning R. W. Agnew [petitioner] obtaining a writ of mandate in order that John A. Cronin be compelled to answer questions re deposition.” Item 9 is for time lost by Agnew in making trips, holding conferences and investigating possibility of obtaining a writ of mandate to compel Cronin to answer questions at deposition hearing; Item 13 is for “Mental pain, grief, distress, torment, worry, anguish, anxiety, annoyance, inconvenience, discomfort, and headaches suffered by R. W. Agnew in attempting to require John A. Cronin to answer questions at his deposition which he refused to answer.”