CASE NAME: TINSLEY VS. HAUGEN
HEARING ON MOTION TO/FOR STRIKE MEMO OF COSTS OR TAX COSTS FILED
BY CYNTHIA TINSLEY
* TENTATIVE RULING: *
The motion to strike/tax costs is denied in part and granted in part.
The motion was timely filed and served. Since the memo of costs was served by mail on March 18, 2015, the motion to strike or tax had to have been filed and served no later than 20 days thereafter (15 days plus 5 for service by mail). That deadline was April 7, 2015.? And that deadline was met according to the filing date of the motion and the proof of service (filed and served on April 7, 2015).
Except as noted below, the defendant is entitled to all costs claimed -? including expert witness fees due to the plaintiff?s not obtaining a result more favorable than the 998 offer and because, except as noted, the court finds the expert witness fees (including expert witness costs incurred) to have been reasonable.
The court grants the motion to tax, as follows:
- Item 13 ?Other? in the amount of $2,254 ? there is no support offered for this claim.
- Item 8 ?Witness Fees? in the amount of $1,155 (the ?medical specialist?s time appears excessive, perhaps even duplicative; accordingly the court will only allow the 5.3 hours with a value of $795 ($150/hour).
Thus, the defendant is to recover costs in the total amount of $9,241.00.