Motion to Strike or Tax Costs
Moving Party: Defendants Swain Sign, Inc., and Eduardo Delgado Responding Party: Plaintiff Joshua Segura
Ruling: Defendants’ Motion to Strike or Tax Costs is denied in part and granted in part. (Code Civ. Proc., §§ 1032, 1033.5.)
The prevailing party is entitled to costs as a matter of right in any action or proceeding. (Code Civ. Proc., § 1032(b).) Here, it is undisputed Plaintiff Segura is the prevailing party.
On a motion to strike or tax costs, if the items on their face appear to be proper charges, the verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary. (Ladas v. California State Auto. Ass’n. (1993) 19 Cal.App.4th 761, 774–776; Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1266.) On the other hand, items that are properly objected to are put in issue, and the burden of proof is on the party claiming........