Leduc v. West Anaheim Medical Center CA4/3

Filed 8/24/15 Leduc v. West Anaheim Medical Center CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

LANANH LEDUC,

Plaintiff and Appellant, G049895

v. (Super. Ct. No. 30-2010-00420798)

WEST ANAHEIM MEDICAL CENTER OPINION et al.,

Defendants and Respondents.

Appeal from an order of the Superior Court of Orange County, Craig L. Griffin, Judge. Affirmed. Lananh Leduc, in pro. per., for Plaintiff and Appellant. Wilson, Elser, Moskowitz, Edelman & Dicker and Dean A. Rocco for Defendants and Respondents.

INTRODUCTION Lananh Leduc appeals from an order taxing costs that she filed after losing a court trial against her former employer, West Anaheim Medical Center (West 1 Anaheim). West Anaheim moved for its costs, and Leduc objected on several grounds to the amounts requested. She also asserted that the entire memorandum of costs should be stricken for untimely filing. We affirm the order taxing costs. The trial court may consider a late-filed memorandum of costs so long as the opposing party is not prejudiced, and Leduc presented no evidence of any prejudice. The amount of costs awarded is committed to the trial court’s discretion, as is the reasonableness of the items requested. We cannot see that the trial court abused its discretion in determining either the amount to be awarded or the necessity to the conduct of the litigation of the items listed in the memorandum as to which the court denied Leduc’s motion. FACTS After obtaining a judgment in its favor in Leduc’s wrongful termination lawsuit, West Anaheim submitted a memorandum of costs in the amount of $29,128. Leduc made a motion to tax various costs, which was granted in part and denied in part. She also asked the court to strike the entire memorandum as untimely filed. The trial court denied Leduc’s request to strike the memorandum of costs entirely, finding that she had not shown any prejudice, even assuming the memorandum had been filed late. The court granted her motion as to the sums West Anaheim sought for models and blowups and for service of process, denying any recovery at all for those charges. It denied Leduc’s motion as to depositions and travel costs, finding them “appropriate” and “authorized.”