Motion to Tax Costs
The motion by defendants FCA US LLC and Razzari-Dodge, Inc. to tax costs is GRANTED in part. The Court taxes Item No. 1 in the amount of $90.00 for the court filing and court reporter fees incurred for the filing of plaintiff’s discovery motion heard in May 2017. These fees have already been recovered as monetary sanctions associated with the discovery motion. The Court also taxes Item No. 8 in the amount of $8,160.09, the amount of expert witness fees requested for Dr. Barbara Luna. While costs of non-court ordered expert witnesses are not allowable under Code of Civil Procedure section 1033.5, subdivision (b)(1), they are recoverable as expenses pursuant to Civil Code section 1794, subdivision (d). (See Jensen v. BMW of N. Am., Inc. (1995) 35 Cal.App.4th 112, 137-138.) It is undisputed that plaintiffs de-designated Dr. Luna as an expert witness which supports the conclusion that the services of Dr. Luna in prosecuting the action were not reasonably incurred. In co