# 7. Ailen Fiterz, et al v. Frank Berruceco, et al.

Case No.: BC654980

Matter on calendar for: Motion to Tax Costs

Tentative ruling:

Background

This is an action for personal injury. Plaintiffs Ailen Fiterz, Artin Fiterz, and Roza Unikyan alleged injuries incurred from an auto accident on the Interstate 5 freeway on November 23, 2015. Plaintiffs alleged defendants negligently backed a tractor trailer into their car. The case proceeded to trial on April 15, 2019, where a verdict was rendered for defendants.

Plaintiff Artin Fiterz now moves to tax costs. Defendants oppose.

For the reasons set forth below, the Court denies the motion.

Standard

Code of Civil Procedure § 1032(a)(b) states that a prevailing party is entitled as a matter of right to recover costs in any action or proceeding unless a statute expressly states otherwise. CCP § 1033.5(a) lists the costs that are recoverable and includes attorney’s fees when they are authorized by either contract, statute, or law. (CCP §