MOTION TO TAX COSTS
MOVING PARTY: Plaintiff Fabian Ronisky
RESPONDING PARTY(S): Defendant Sanjeev K. Seth, M.D.
PROOF OF SERVICE:
ANALYSIS
On May 30, 2019, the Court entered judgment in favor of Defendant Sanjeev K. Seth, M.D. and against Plaintiff.
Motion to Tax Costs
¿ Item No. 1 (Filing and motion fees).
A prevailing party is entitled to recover filing fees. CCP § 1033.5(a)(1). Costs are recoverable even thought some costs pertain to aspects as to which the party seeking costs did not prevail. Mitchell v. Olick (1996) 49 Cal.App.4th 1194, 1199-1201. Thus, filing fees for unsuccessful motions/applications will not be taxed.
However, the Court does not charge a filing fee for motions in limine. To the extent Defendants are seeking to recover for filing services, these costs should have been claimed as “other.” The motion to strike costs for motions in limine filing fees is GRANTED in the amount of $1.179.10, as requested by Plaintiff.
Further, there is no filing fee for a tr
Hearing Date
September 09, 2019
Type
Other Non-Personal Injury/Property Damage tort (General Jurisdiction)
Status
Jury Verdict 05/30/2019
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MOTION TO TAX COSTS
MOVING PARTY: Plaintiff Fabian Ronisky
RESPONDING PARTY(S): Defendant Sanjeev K. Seth, M.D.
PROOF OF SERVICE:
ANALYSIS
On May 30, 2019, the Court entered judgment in favor of Defendant Sanjeev K. Seth, M.D. and against Plaintiff.
Motion to Tax Costs
¿ Item No. 1 (Filing and motion fees).
A prevailing party is entitled to recover filing fees. CCP § 1033.5(a)(1). Costs are recoverable even thought some costs pertain to aspects as to which the party seeking costs did not prevail. Mitchell v. Olick (1996) 49 Cal.App.4th 1194, 1199-1201. Thus, filing fees for unsuccessful motions/applications will not be taxed.
However, the Court does not charge a filing fee for motions in limine. To the extent Defendants are seeking to recover for filing services, these costs should have been claimed as “other.” The motion to strike costs for motions in limine filing fees is GRANTED in the amount of $1.179.10, as requested by Plaintiff.
Further, there is no filing fee for a tr