Motion: Tax Costs. Moving Party Defendant Walt Disney Parks. Responding Party Plaintiffs Lindsey Vuksic.
Ruling: The Motion to Tax Costs is GRANTED in part and DENIED in part.? The court GRANTS the motion to tax the cost of $7,400.00 for surrogate testing. The remainder of the motion is DENIED.
Item No. 5: Service of Process: The Service of Process fees were reasonable and necessary.? Defendant provided a reasonable explanation for the difference paid that Defendant paid as opposed to the Plaintiffs. There were additional costs incurred for preparing the notice to consumer, the subpoena, serving opposing counsel and service on the entity. In addition, Defendant was required to serve different medical department of hospitals.? Some subpoena needed to be served twice, because Plaintiff continued to treat after the records were initially obtained.
Item No. 8: Witness Fees: Defendant is entitled to recover witness fees and mileage for witnesses that were deposed.? The entitlement to costs is not limited to witnesses who testify at trial.? In addition, Defendant is entitled to recover fees paid to Plaintiffs? expert who were deposed.
Item No. 11: Models, Blowups & Photocopies: Civ. Proc. Code ? 1033.5 (a) (13) states that ?Models and enlargements of exhibits and photocopies of exhibits may be allowed if they were reasonably helpful to aid the trier of fact.?
In Chaaban v. Wet Seal, Inc. (2012) 203 Cal. App. 4th 49, 59,
?the witnesses and the judge all used paper exhibits, in trial binders evidently provided by [Defendant]. Without these exhibits, it would have been even more difficult to conduct this trial than it already was. In addition, copies of those exhibits admitted into evidence went into the jury room. The court properly exercised its discretion in allowing these costs as helpful to aid the trier of fact.?
The term ?helpful to the trier of fact? does not necessarily require the documents be admitted into evidence. The use of exhibit binders assisted the court and the jury.? Recovery of these costs are particularly appropriate when the court required the parties to prepare the exhibit binders.
Item No. 13: Other: ?As a general rule the parties to civil litigation are required to finance their own participation in the litigation.? Ripley v. Pappadopoulos (1994) 23 Cal. App. 4th 1616. The costs of surrogates for testing the Splash Mountain attraction does not qualify as an exception to the general rule.
This cost was essential an expense associated with preparation for Defendant?s expert to testify at trial.
Civ. Proc. Code ?Section 1033.5, subdivision (b) (1) provides that, unless expressly authorized by law, the fees of experts not appointed by the court are not allowable as costs.? Olson v. Auto. Club of S. California (2008) 42 Cal. 4th 1142, 1149.? In this case, there was no exception to permit recovery for expert preparation expense.