MOTION TO STRIKE OR TAX COSTS
TENTATIVE RULING: Plaintiff’s motion to strike costs is GRANTED.
The general rule is that a prevailing party may recover attorneys’ fees and costs only when a statute or agreement between the parties provides for such “fee shifting.” (Kirby v. Immoss Fire Protection, Inc. (2012) 53 Cal.4th 1244, 1248.) “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc. § 1032, subd. (b).)1
On February 26, 2019, the Court granted Defendant’s motion for summary judgment as to all causes of action asserted by Plaintiff. Defendant is therefore the prevailing party in the action as to all counts and is entitled to costs “except as otherwise expressly provided by statute.” (Code Civ. Proc. § 1032, subd. (b).)
Analysis of the present motion is complicated by the fact that the causes of action asserted in the Complaint implicate two Labor Code statutes that do “othe